Railroad Workers oppose return to sweatshop rules

RAILROAD WORKERS OPPOSE RETURN TO SWEATSHOP RULES

RAILROAD OPERATING EMPLOYEES CALL NEWLY PROPOSED
BURLINGTON NORTHERN SANTA FE’S AVAILABILITY POLICY A
THREAT TO PUBLIC SAFETY AND EMPLOYEE HEALTH

Columbia Heights, MN, Members of United Transportation Union (UTU) Local 1000, other railroad workers and family members will hold a protest rally on Wednesday, December 1 from 12:00 noon until 1:00 PM outside the Burlington Northern Santa Fe Railroad’s (BNSF) offices at the U.S. Bank Trust Building at 176 East Fifth Street in downtown St. Paul demanding an end to the company’s proposed "Availability Policy". BNSF has announced it will unilaterally impose the new rules within the next few weeks.

The BNSF does not provide regular work schedules for most of its engineers and train crews. They are forced to work on call without scheduled days off or regular work hours. Under this policy, the railroad could force engineers and train crews to work up to 432 hours per month. They could require working 11 hours and 59 minutes followed by a Federally mandated 8-hour rest period in a continuous cycle. This proposed policy requires most engineers and train crews to be either working or to be rested and available for duty at least 540 hours a month. An employee needing more time off to recover from fatigue faces discipline for declining duty under the BNSF management’s newly imposed rules.

Even before BNSF’s new "Availability Policy", Jim Hall, Chairman of the National Transportation Safety Board (NTSB) told Congress last year "Human fatigue in transportation operations is probably the most widespread safety issue in the transportation industry". NTSB Chairman Hall pointed out that commercial airline pilots can fly up to 100 hours per month and that truckers cannot operate more than 240 hours per month but "Locomotive Engineers can operate a train up to 432 hours per month which equates to more than 14 hours a day each of those 30 days". Speaking for the NTSB, Hall said, "We fail to understand why a locomotive engineer, or any other train crew member, is permitted to work more than 4 times longer than an airline pilot, and 1.5 times longer than a truck driver".

In arguments before Federal Arbitrator Richard Kasher, BNSF management maintained that work schedules were a matter of "management prerogative" and not subject to negotiations or other restrictions. Arbitrator Kasher while upholding BNSF’s right to impose the "Availability Policy" admitted that management made little effort to negotiate in good faith with the United Transportation Union (UTU) and Brotherhood of Locomotive Engineers (BLE) "to ensure that employees receive adequate rest in order to avoid fatigue". He found that the policy "may, unfortunately, have a long-term negative impact" upon relations between management and the unions and that "certain provisions of the Policy have the flavor of unreasonableness".

Contacted recently in Wyoming and Minnesota about this policy, Tipper Gore, wife of the Vice President, said, "This policy seems to be something out of the early 1900’s. These people need to be fully rested to operate our nation’s trains safely. Policies such as these affect the safety of the public also, not just their employees."

UTU Local 1000 represents railroad operating employees of the BNSF in and near the Minneapolis – St. Paul area. Local 1000 has a membership of over 200 members.