UTU pushes for "Guaranteed Time Off" law
Employees can choose 3 days off if they’re available for work 7 days straight

WASHINGTON, D.C. (October 7) – The United Transportation Union (UTU) is spearheading federal legislation that could be introduced as early as next week that lets railroad workers choose whether they need time off.
The UTU "Guaranteed Time Off" legislation will provide that any train employee who has worked, or been available for work, for seven consecutive days cannot be required by a railroad to work, or be available for work, for at least 72 hours unless the employee voluntarily chooses to do so.
"It means if you work all or part of seven days and you want to take three days off to be with your family, you can do that," said UTU International President Charles L. Little. "Every other American worker can get uninterrupted days off, or a nice weekend, if they work seven days straight, and railroad workers deserve the same treatment."
Little said such legislation is needed because the Burlington Northern Santa Fe Railroad is trying to impose an onerous "availability policy" on its employees. He said that if the BNSF would not honor its commitment to the March 18 work/rest guidelines agreed to at the National Wage & Rules Panel then the UTU intended to vigorously pursue this legislation.
"We are taking the lead in shutting down BNSF’s barbaric work culture where you could be made to work 30 straight days without a day off, and then you only get the day off if the boss says it’ s okay," said Assistant President Byron A. Boyd, Jr. "If it takes an act of Congress to stop BNSF from treating its workers like they own them, then that’s what we will do. Without BNSF’s onerous availability policy today, the American railroad worker is recognized by the World Bank as the most productive rail worker in the world."
Boyd pointed out that the average American worker is only required to be available to their employer 24% of their time. BNSF employees, however, are required to be available to the railroad 75% of their time, and an employee being available less than 126 hours a week – or 18 hours a day – over a three-year period is subject to discipline.
"There’s no room for railroad servitude in the 21st Century," said Boyd. "BNSF might win at the October 14 arbitration hearing, but they will not win on this issue. This about the health, safety and well being of our members and that’s more important than BNSF’s profit for the year."
The BNSF Availability Policy could force some employees to work up to 360 hours per month, or 30 twelve-hour days. The policy allows these employees only one day off per month, 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.
A hearing on the BNSF policy is scheduled on October 14 at the National Mediation Board (NMB) in Washington, D.C., and a decision is expected by November 1.

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