Today, the Transportation Communications Union/IAM applauds the introduction of the bipartisan Passenger Rail Crew Protection Act (PRCPA) which would make it a federal offense to assault a crew member aboard a train, or service employees in a train station. These protections closely mirror the same federal protections given to airline crew members and airport workers.
The bill makes it a federal offense, punishable by fines and prison time, to assault or intimidate a rail crew member, along with customer service and operations employees in a train station. The same protections have been in place in the airline industry since 1961.
TCU National Secretary Treasurer, Greg Kocialski, a 30-year Amtrak veteran stated, “Our members have long sought the same protections afforded airline personnel: that assaulting or intimidating a crew member should and must be a federal offense. We’re confident this legislation will force people to think twice before ruining their own lives, and the lives of our members. I want to thank Senators Duckworth (D, IL) and Hoeven (R, ND) for their leadership in seeking to better protect the health and safety of our members.”
Previously-introduced versions of this legislation had limited coverage to the train crews on intercity passenger trains, however this new version expands coverage to station personnel and commuter railroads.
“Thanks to the continuous efforts of our Legislative Department this new updated version of the bill expands coverage to all of ourmembers in the stations and at commuter railroads,” said TCU National Vice President Nick Peluso, who covers TCU’s commuter railroad employees. “I’m proud of our Legislative team in DC for continuing to fight tooth-and-nail for our members’ interests.”
“I’m glad Senator Duckworth is leading this long-overdue legislation,” said Andre Howard, Local Chair for TCU 2500 based in Chicago, that represents ticket clerks, baggageman, gate agents and RedCaps. “Amtrak is a safe place to work and our members just want to be able to go to work and do their jobs everyday, but like any customer service or hospitality job, sometimes you can have a disorderly customer. Having a federal law to protect our members, just like in the airline industry, is important for how serious these instances can be.”
The updated legislation specifically expands coverage to:
‘‘(D) An employee performing , or responsible for, a safety-sensitive function.
‘‘(E) An employee performing, or responsible for, any operation, function, or customer service at an intercity rail station or commuter rail station.
The offense and penalties are detailed as follows:
‘‘(b) OFFENSE.—It shall be unlawful for any person onboard a passenger train in operation, on a platform serving a passenger train in operation, or in a rail station– ‘
‘(1) to assault or intimidate a crew member and thereby interfere with the performance of the duties of a crew member or lessen the ability of a crew member to perform those duties; or
‘‘(2) to attempt or conspire to perform an act described in paragraph (1).’
‘‘(c) PENALTIES.—A person who violates subsection (b)—
‘‘(1) shall be fined under title 18 or imprisoned for not more than 8 years, or both; and
‘‘(2) if a dangerous weapon is used in assaulting or intimidating the crew member, shall be imprisoned for not more than 20 years.’’
Possible pathways forward for this legislation include a standalone mark-up or the upcoming Surface Transportation Reauthorization, which is currently under negotiation. TCU members interested in seeing this passed into law should contact their Senators and Representative and ask them to support assault protections against passenger rail workers.