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3/25/2022
The Brotherhood of Locomotive Engineers and Trainmen (BLET) and SMART-Transportation Division (SMART-TD) announced this week they will pursue arbitration in their dispute with BNSF Railway Co. over the Class I’s "Hi-Viz" attendance policy.
The unions decided to take the arbitration route after a U.S. District Court ruled Feb. 22 that their dispute with BNSF constituted a “minor dispute” under the Railway Labor Act.
"In considering a potential appeal of the district court’s ruling, it was determined that an appeal could could take another one to two years, and likely not result in a different decision," both unions said in a joint press release. "An appeal would not be the quickest, or most effective way, to stop the BNSF policy."
In January, BNSF announced a new attendance system through which each employee starts with 30 attendance points that are subject to various deductions based on types of absences. If a worker exhausts the 30 points, he or she is subject to progressive discipline. The system is designed to provide employees with greater flexibility, according to BNSF.
The fastest way to challenge the policy is through a public law board or special board of adjustment under the Railway Labor Act. That board would have the authority to strike down the entire policy or parts of it, with the decision taking months as opposed to years, union officials said.
The BLET and SMART-TD chairpersons have notified BNSF about their intent to pursue arbitration.