Spring 2000
Volume 107 - No. 1
BLE Focus

The Brotherhood of Locomotive Engineers was founded on May 8, 1863. Our 137th anniversary came and went without much celebration or fanfare.
In this issue of the Locomotive Engineers Journal, we take a snapshot of five major issues facing our members today.
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This bill, sponsored by Congressman Steve LaTourette (R-Ohio) would provide the first meaningful legislative countermeasure for fatigue in over 30 years. Under House Resolution (H.R.) 3091, any crew member who works or is required to be available for work for seven consecutive days would have the right to up to 72 consecutive hours off, during which time the railroad could not order him/her to report for duty.
Background
For years, the carriers have tried various ways to squeeze more work from fewer of us... one more trip... one more hour... one more switching move. The mega-mergers of the past decade have accelerated the deterioration of working conditions, and all railroad workers have a greatly diminished quality of life, both on and off the job.
The specific problems that plague locomotive engineers and other operating employees are familiar to us all. We've seen seniority districts vastly expanded and huge hubs created. In many places, the odds of hitting the state lottery are better than obtaining a consistently reliable train line-up. Combine these factors with more stringent federal regulations that now reach into one's off-duty time, and the situation becomes intolerable.
Last spring the BLE and the UTU negotiated guidelines by which fatigue-related issues were to be resolved at the bargaining table. The next time fatigue was substantially addressed was in the summer, when Burlington Northern Santa Fe (BNSF) imposed a so-called "Availability Policy" that required extra employees to be subject for duty at least 126 hours per week, and required regular employees - even those on 6- and 7-day assignment - to work nearly every single day their assignment was scheduled.
At first, we saw a near-strike, a federal injunction, and an arbitrator who declined to throw out the policy because no one had been victimized yet. Then, when 150 demonstrators - mostly BLE members and their families - used BNSF's corporate headquarters as a backdrop to explain their situation on the evening news, it became clear that it was just a matter of time before the Availability Policy would be quietly dropped.
But the key to making a dent in fatigue is H.R. 3091. BNSF's replacement for the disgraced Availability Policy has a cynical edge to it. Instead of having to be available at least 126 of 168 hours per week, BNSF engineers can now be unavailable for up to 42 of 168 hours per week.
Nothing's changed, except BNSF operating employees now are being told that the glass is one-quarter empty, instead of three-quarters full. That's just not good enough.
Update
Since the introduction of the LaTourette Bill last October, a total of 192 members of the House have signed on as co-sponsors. Although any legislator with trains running in his or her district has a vested interest in adequately rested crews operating those trains, the Republican leadership of the House Transportation and Infrastructure Committee has shown no interest in doing anything with the bill.
Therefore, at least 60 more co-sponsors are needed in order to try to force the bill out of the committee.
Since there currently is no committee action pending on the bill, the field remains wide open to gain additional co-sponsors. We also need to develop a strategy to have companion legislation presented in the Senate.
What's In Store?
Because of the national elections this November, this will be a much shorter legislative year than usual. In addition, there will likely be legislative fights over "cram down." Thus, moving H.R. 3091 to center stage may prove to be more difficult this year than during other sessions.
With likely opposition among many House Committee Republicans, a large, strong bipartisan effort will be necessary to push the fight through to success.
If your Representative has not yet signed on to the list of co-sponsors of H.R. 3091, write a letter asking for the member's position on the issue, and urging him/her to join as a co-sponsor.
You can track the status of H.R. 3091 and contact your Representative via the Internet by visiting the House web site - at http://www.house.gov - or by calling the Capitol switchboard at (202) 225-3121. ·
© 2000 Brotherhood of Locomotive Engineers