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As I understand, the problem here is that any railroad that behaves reasonably here, will be punished by the markets, and the management that made the decision will likely be replaced.

The solution, as others have pointed out, is that this should be a regulatory requirement rather than negotiated business-by-business.

There are not really any "losers" in such a fix: The workers get a more appealing and reasonable benefit package and life. Managers keep highly paid managing jobs. The businesses keep making large profits, perhaps a tiny sliver less. The stock remains very valuable, whatever variance this causes would likely not even be noticed among the daily swings of the market. Consumers never even notice their new widgets cost pennies more because of a tiny change in freight rates, etc.

Congress did not see what the winning play was, and instead perpetuated the bad situation.



"The businesses keep making large profits, perhaps a tiny sliver less."

Absolutely unacceptable (to them). They will fight tooth and nail to prevent any federal action that could harm their bottom line. It's one of the most predictable plays in American politics.


I don’t think that’s necessarily the driver here though, from reading the linked article and others. Rather the dynamic is that these railroads have incredibly dispersed ownership, almost entirely by purely financial owners. Management has very little stake. If any of them operates at a slightly less margin than the others, activist investors will pop up and easily get support to replace the management.

But if they all operated at slightly less margin, this dynamic would not occur; and the vast bulk of investors are not going to flee from an otherwise stable and long-term profitable asset class because it becomes a tiny (perhaps not even noticed) increment less lucrative. The vast bulk of investors are not going to march with (financial) pitchforks to Washington about this.

Think of the alternative: that no stockholder in any business would ever tolerate companies offering reasonable sick day policies. That is obviously not true; in most industries, at most companies, there is some kind of sick policy. So we should look at what is unique about this industry for the cause.


Tolerate? Sure, if they have no choice in the matter. Support, almost never. These things are almost always imposed on business by government regulations, or come as the result of capitulation to stave off impending regulation. Yes, we can look at the peculiarities of this industry(which arguably should just be nationalized), but we can't ignore the overwhelming trends in American politics at play here.




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