BNSF "Availability Policy" Update - The BLE "smoking gun"

BNSF "Availability Policy" Update

The BLE "smoking gun"

View John Mullen Letter (pdf)

WASHINGTON (November 1) -- No one could figure out what emboldened Burlington Northern Santa Fe Railroad to risk alienating its employees and unions by implementing its now-infamous “Availability Policy.”

Why would the carrier take such a major chance to incur the wrath of its union operating employees and their leaders?

Now we know the answer. The BLE said it was okay.

A “smoking gun” letter supporting the “Availability Policy” came to light during the October 14 Public Law Board Hearing on this issue at the National Mediation Board.

On the basis of that letter and other BNSF arguments, a government arbitrator ruled today that BNSF had a “a management prerogative” and could implement the policy although it “did violate the spirit and intent of the wage and rules panel.”

“This is highly disappointing and goes against everything the National Wage & Rules Panel stands for,” said UTU International President Charles L. Little. “BNSF thinks it won, but they are the big losers and they will see how this decision will come back to bite them.”

BNSF used the letter written on August 23 by BLE General Chairman John Mullen to bolster its case by showing that the engineer’s union supported its new policy. Under BNSF questioning, Mullen could not deny he wrote the letter and personally told BNSF management he condoned the policy.

To put it in simple language, BNSF told the arbitrator that the BLE told them it liked the new policy.

Mullen enthusiastically endorsed the August 16 policy that said it was okay for BNSF to force some employees to work up to 360 hours per month, or 30 twelve-hour days, with only one day off -- which may be denied by BNSF for any reason. If the employee then takes time off due to fatigue, the employee is subject to discipline.

According to BNSF, Mullen also told several top BNSF officials he supported the new “Availability Policy.”

“Whose side is the BLE working on at BNSF?” said Assistant President Byron A. Boyd, Jr. “You be the judge. But in this case it surely wasn’t operating employees.”

View John Mullen Letter (pdf)