UTU pushes time-off law
WASHINGTON, D.C. -- In the wake of the Burlington Northern Santa Fe Railroad's (BNSF) now-infamous Availability Policy, the UTU is spearheading federal legislation that would let railroad workers choose whether they need time off.

Introduced by Cong. Steve LaTourette (R-Ohio) and backed by other rail labor groups, 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. "Most 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 BNSF did not honor its commitment to the March 18 work/rest guidelines agreed to at the National Wage and Rules Panel. Because of that action, Little said the "UTU and all of rail labor intend 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," Boyd continued. "Despite BNSF's onerous Availability Policy, 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 his or her 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 arbitration hearing, but they will not win on this issue. This is 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.

Because of BNSF's action, UTU informed the Federal Railroad Administration (FRA) that it would no longer participate with the carrier on vital labor/management programs important to the agency.

Little told FRA Administrator Jolene Molitoris that the UTU would no longer participate in Safety Assurance and Compliance Program (SACP) and Railroad Safety Advisory Committee (RSAC) projects with BNSF and the agency unless the work/rest principles were honored.

"Both programs are valuable," said Little, "but unless BNSF and its management comes to its senses and permanently withdraws this ill-conceived policy, we will not work with them on major industry issues. We cannot work with a railroad which broke its word so quickly and so badly. People who are employed on the BNSF railroad deserve normal work lives like everyone else in this country."

Boyd said, "BNSF could not have picked a worse time to break its word to rail workers, who deserve a better quality of life for themselves and their families. Its action is endangering labor stability in the entire U.S. rail industry, and has cast a serious pall over national contract talks."

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