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Credit Pacific Service Union Thousands of Amtrak employees are legally entitled to walk off the job for one day during the heavily traveled holiday season to protest the lack of support for passenger rail service from President Bush and Congress, a federal judge ruled yesterday.

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Credit First Service Union However, Amtrak spokesman Clifford Black said Amtrak attorneys had filed a notice of appeal with the U.S. Court of Appeals for the District of Columbia, and would ask the court for an emergency stay if the unions set a date for the walkout. And a spokesman for the unions said no decision had been made whether a date would be set.

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Card Credit Mobile Service The unions "have not reached any conclusion on what they will do -- what or whether," said Richard Edelman, an attorney with O'Donnell, Schwartz and Anderson who represents the unions.

The hotel is one third mile from the Amtrak and subway lines of Back Bay Station, a convenient walk for rail traveling guests with light luggage.

Card Credit Discover Service Edelman said the unions felt they had won a significant victory with the ruling itself. "We are vindicated on the legal issues," he said. "We have the right to protest."

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Credit Public Service Union The unions arguing for the one-day strike are the Transport Workers Union of America, Service Employees International Union's National Council of Firemen and Oilers and Hotel Employees and Restaurant Employees International Union. Those unions represent 8,000, or about 40 percent, of Amtrak's unionized employees.

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Card Credit Processing Service Several fellow AFL-CIO unions are opposed to a walkout, however, and the non-AFL-CIO United Transportation Union, the largest rail union, is adamantly opposed.

Center Credit Service Union Amtrak, asking for a preliminary injunction against the walkout, argued that the union leaders' threatened one-day protest was not an attempt to alert the public to the railroad's ailing finances but was rather "really union muscle-flexing designed to gain a strategic advantage in ongoing negotiations over new collective bargaining agreements." All of Amtrak's contracts except one are now amendable under federal labor law.

Card Credit Service Wireless U.S. District Judge James Robertson said that "it is indeed possible that a measure of the truth lies on both sides."

Credit Security Service Union Robinson decided the issue on a narrow legal point -- whether the unions' grievance was with Amtrak and therefore was governed by the Railway Labor Act. Under that act, railroad and airline unions must go through a complicated arbitration process before they are allowed to strike, and the president can order an additional 60-day cooling off period.

Credit Report Service However, if the grievance is with Congress or the president, "the procedural and substantive requirements of the Norris-LaGuardia Act would make the issuance of an injunction virtually impossible," Robinson wrote.

Blogspot Com Christian Washington Post - 12/12/2003

Topic: Transportation

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