Amtrak Reform Council Elects Chairman

UTU determined to derail BNSF Availability Policy

CLEVELAND -- A federal judge’s ruling Monday leaves the Burlington Northern Santa Fe (BNSF) free today to implement a policy that the United Transportation Union (UTU) is determined to derail through expedited arbitration.

"BNSF’s implementation of this policy would violate the commitments the carrier made to us in the work/rest guidelines that were negotiated and adopted in March," said UTU International President Charles L. Little. "We are determined to derail this shortsighted and counterproductive policy through the legally prescribed arbitration process."

At issue is the BNSF’s proposed Availability Policy, which would severely restrict the ability of UTU members to schedule days off, would penalize them for taking unscheduled days off even for personal or family illnesses, and which would violate the Work/Rest Principles/Guidelines adopted on March 18, 1999.

On August 30, the U.S. District Court for the Northern District of Texas imposed a "no strike" injunction against the UTU and the Brotherhood of Locomotive Engineers. BNSF had sought the injunction out of fear that the operating unions would strike in reaction to implementation of the new policy.

Although the ruling left the BNSF free to implement its new policy as soon as today, it also included an order for the case to go to expedited arbitration. A final resolution is expected within 30-45 days.