BLET, SMART-TD Seeking Arbitration Over BNSF Hi-Viz

Written by Marybeth Luczak, Executive Editor
image description

The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the SMART Transportation Division reported March 23 that they will “proceed as expeditiously as possible to arbitration” over BNSF’s Hi-Viz worker availability policy that took effect Feb. 1.

The move follows a Feb. 22 U.S. District Court ruling that blocked a strike by the unions, which oppose the new policy and represent some 17,000 BNSF TYE (train and engine service) and Yardmaster employees. As part of that ruling, Judge Mark Pittman also granted BNSF’s request for a preliminary injunction, saying the railroad “is likely to prevail over the union in arbitration and that a threatened strike would cause irreparable harm to the rail company from which it could not recover damages,” according to a report in the Fort Worth Star Telegram. “[The Feb. 22] ruling keeps the strike ban in place while the two sides negotiate over the availability policy … [Pittman] ruled that the dispute was ‘minor’ under the provisions of the Railway Labor Act (RLA).”

The “minor” designation means the “resolution of the matter must be by arbitration,” BLET and SMART-TD said on March 23. “In considering a potential appeal of the District Court’s ruling, it was determined that an appeal could take another one to two years, and likely not result in a different decision,” they noted. “An appeal would not be the quickest, or most effective way, to stop the BNSF policy. The quickest and most direct way to challenge this policy is through a Public Law Board or Special Board of Adjustment, properly constituted under Section 3 of the Railway Labor Act. That board will have the authority to strike down either the entire policy or the most egregious parts of the policy much more quickly. The time frame will be months as opposed to years.”

The unions said they have notified BNSF of “their intent to move the dispute forward pursuant to Section 3 of the Railway Labor Act.”

In January, BNSF announced that after 20 years of no changes to its attendance guidelines, it would institute on Feb. 1 a new system called “Hi-Viz,” which is “designed to provide employees with real-time information and greater flexibility, so they can make informed decisions about their work schedules.”

In a March 24 statement to Railway Age, BNSF explained that its “new system will provide more predictability for our train crews while also providing more reliable crew availability, which is essential to meeting our customers’ expectations and the demands posed by an increasingly competitive global supply chain. Our program is designed to provide ample time for obligations outside of work, including planned vacations, personal leave days and unplanned absences, while ensuring that we have sufficient employees available to work. Based on initial feedback, BNSF has already modified the program. We look forward to continuing to work with our employees to gather input and refine the program if needed. BNSF team members drive our success and we couldn’t deliver the nation’s goods without them. We understand that change can be an adjustment, but we believe we can adapt together to meet today’s competitive freight environment.”

Tags: , , , , ,