BNSF feels the heat in Congress

BNSF feels the heat in Congress

Note: With Congress in its last days of this session, UTU is actively lobbying your elected representatives in Washington to support HR 3091 -- a bill that would permit scheduled time off for railroad employees. The LaTourette Bill, as HR 3091 is called, was spearheaded by UTU and now has more than 90 co-sponsors. The bill was introduced in the wake of Burlington Northern Santa Fe Railroads onerous "Availability Policy." The following dialogue between a U.S. Congressman and a BNSF officer was recently "overhead" by a UTU operative with very, very good hearing:

Congressman X: I understand that you are from the BNSF and you want to talk to me about not cosponsoring and opposing HR. 3091 and about the BNSF availability policy.

BNSF Manager: Yes sir, this has been a much misunderstood situation. BNSF stock has under performed in the market and its earnings have not met Wall Street expectations. Because of that, BNSF managers have not received bonuses. Although, the availability policy does not reduce the amount of wages expended, it does allow us to reduce our benefit costs. This is because when fewer employers are required to work more, than we don’t have to pay benefits on as many people and Congressman, that money goes directly to the bottom line. It also allows BNSF management more control over its employees. Congressman, we have had the situation analyzed by our risk managers and our claims department and they tell us that a few unfortunate train wrecks caused by fatigued exhausted employees will still not significantly impact the additional earnings that this program will generate. We are prepared to live with the risk.

Congressman X: Hasn’t Dr. Rosekind, the former chief sleep scientist at NASA said that BNSF workers under the availability policy are more vulnerable to fatigue?

BNSF Manager: Well ……

Congressman X: Isn’t it true that BNSF does not allow its employees to work intoxicated?

BNSF Manager: Well ……

Congressman X: Hasn’t Dr. William Dement, director of Stanford University’s Sleep Disorders Research Center, stated that working fatigued is the same as working intoxicated?

BNSF Manager: Well ……

Congressman X: In other words, the leading experts in the field of fatigue have criticized this policy. In their analysis, they have stated that the policy would have a negative impact on safety.

BNSF Manager: Well ……

Congressman X: Haven’t a number of Wall Street analysts been critical of this program?

BNSF Manager: Well ……

Congressman X: Isn’t it true that members of the NTSB contacted the BNSF and suggested that they should reach an accommodation with their unions on this issue?

BNSF: Well ……

Congressman X: Isn’t it true that the FRA has also contracted the BNSF and suggested that they reach an accommodation with their unions on this issue?

BNSF Manager: Well ……

Congressman X: Isn’t it true that the STB contacted the BNSF and asked them to deal with the issue in a different way?

BNSF Manager: Well ……

Congressman X: Isn’t it true that the UTU threatened to go on strike to prevent this policy from being implemented and BNSF went to court to stop them?

BNSF Manager: Well ……

Congressman X: Isn’t it true that the UTU went to arbitration and it was ruled that it was BNSF management’s discretion to impose this policy on these employees, but the policy could be unreasonable?

BNSF Manager: Well ……

Congressman X: Isn’t it true that the UTU offered to negotiate a fatigue agreement with you?

BNSF Manager: Well ……

Congressman X: Isn’t it true that UTU has negotiated contracts with other railroads that have guaranteed employees time off and has significantly reduced the absentee rate?

BNSF Manager: Well ……

Congressman X: Isn’t it true that the UTU offered to make a similar agreement with the BN instead of having your availability policy?

BNSF Manager: Well ……

Congressman X: Isn’t it true that a number of letters have already gone out to your employees, some of which took time off to spend time with a sick child and/or family member and yet this policy would make them candidates for discipline?

BNSF Manager: Well ……

Congressman X: Isn’t it true that in some of the letters, BNSF managers inform employees in hospitals who are off on leave or tired that they would be subjected to discipline?

BNSF Manager: Well ……

Congressman X: Isn’t it true that employees have received letters who have taken off time to see their children? Some of these employees don’t have full time custody rights and have limited court ordered visitation rights. They could lose those visitation rights and then face the possibility of losing their custody and their job and then unable to pay child support.

BNSF Manager: Well ……

Congressman X: Isn’t it true that the policy does not allow any BNSF employee any time off – it just allows them the opportunity to ask for time off after they have been available for weeks and weeks on end?

BNSF Manager: Well ……

Congressman X: Isn’t it true that an employee could be in total compliance with your policy and not get a day off ever?

BNSF Manager: Well ……

Congressman X: Thank you. I appreciate the information that you have provided. I think that you have made a difference in helping me decide what my position will be on HR 3091.