On behalf of members employed by BNSF, the UTU and the Sheet Metal Workers International Association (SMWIA) have asked the Equal Employment Opportunity Commission (EEOC) to investigate the railroad’s new medical reporting policy, which the organizations say is discriminatory and violates federal law by requiring workers to provide highly personal medical information.
BNSF is demanding employees report off-duty medical procedures and issues. This highly personal information is protected, and BNSF has no statutory right to view the information, the UTU and SMWIA said in their complaints.
The discrimination complaints filed with the EEOC allege BNSF is in violation of the Americans with Disabilities Act, the Genetic Information Nondisclosure Act, the Civil Rights Act and the Pregnancy Discrimination Act by requiring, since Jan. 1, 2012, that employees provide the railroad with doctor’s notes, diagnostic test results and hospital discharge summaries.
“Each day that BNSF’s policy remains in effect, more employees face the likelihood of having their statutory rights violated,” the UTU and SMWIA told the EEOC. “And once an employee’s rights are violated – that is, once BNSF has been notified of the away-from-work medication condition or event and has obtained the employee’s statutorily-protected medical information – there is no way to undo the violation.”
Additionally, said the UTU and SMWIA in their complaint, the medical information that BNSF requires employees to provide is information likely to reveal a disability and is neither job related nor consistent with business necessity, and is likely to result in BNSF obtaining genetic information. Moreover, the BNSF policy discriminates against women affected by pregnancy and/or related medical conditions.
Other labor organizations have filed a similar complaint with the EEOC.
WASHINGTON – The U.S. Surface Transportation Board has determined that only one major railroad – Union Pacific – was “revenue adequate” in calendar year 2010.
A railroad is considered “revenue adequate” if it achieves a rate of return on net investment equal to at least the current cost of capital for the railroad industry.
Revenue adequacy determines long-term financial sustainability – the ability to pay investors competitive returns as well as covering the cost of efficient operation, which includes obtaining capital for new equipment; to maintain existing track, bridges, signal systems and other capital assets; and to fund capacity expansion.
For 2010, the STB concluded that the current cost of capital for the railroad industry was 11.03 percent, and only Union Pacific achieved a rate of return equal to or exceeding that percentage. No railroad was found to be “revenue adequate” for calendar year 2009.
For 2010, the STB determined that Union Pacific achieved a rate of return on net investment of 11.54 percent; Norfolk Southern, 10.96 percent; CSX, 10.85 percent; Kansas City Southern, 9.77 percent; BNSF, 9.22 percent; Canadian National U.S. affiliates, 9.21 percent; and Canadian Pacific U.S. affiliates, 8.01 percent.
BNSF reported a 9 percent improvement in profit for the third quarter 2011 versus the third quarter 2010.
The third-quarter operating ratio of 71.7 percent was slightly higher than the 70.8 percent for third-quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
BNSF, which is privately held by Berkshire Hathway, operates 28,000 route miles in 28 states and two Canadian provinces.
Canadian National reported a 19 percent increase in profit for the third quarter 2011 versus the third quarter 2010.
CN said a 4 percent increase in carloadings and a 9 percent increase in revenue, coupled with “rigorous cost control” drove its higher third quarter earnings.
CN’s third quarter 2011 operating ratio of 59.3 percent improved from the 60.7 percent operating ratio during the third quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
CN is primarily a Canadian railroad. Its U.S. holdings include what were formerly Detroit, Toledo & Ironton; Elgin, Joliet & Eastern; Grand Trunk Western; Illinois Central; and Wisconsin Central.
Canadian Pacific’s third quarter 2011 profit fell by 5 percent versus third quarter 2010.
CP’s third quarter 2011 operating ratio deteriorated to 75.8 percent, more than two percentage points higher than its 73.7 percent operating ratio for the third quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
Canadian Pacific is primarily a Canadian railroad. Its U.S. holdings include Class I Soo Line and regional railroad Delaware & Hudson.
CSX reported a 12 percent increase in profit for the third quarter 2011 versus the third quarter 2010, much of it the result of higher freight rates as traffic volume slowed.
The railroad said higher fuel surcharges improved its bottom line, offsetting higher costs. CSX said also that its earnings were helped by increased coal exports to China that offset a weakness in domestic coal shipments. Coal accounts for some 33 percent of CSX revenue.
CSX’s third quarter 2011 operating ratio deteriorated to 70.4 percent versus 69.1 percent for the third quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
CSX operates some 21,000 route miles in 23 states and the District of Columbia.
Kansas City Southern reported a 99 percent improvement in profits for the third quarter 2011 versus third quarter 2010, driven by higher freight rates and a record level of carloadings, boosted through increased production of automobiles in Mexico destined for U.S. markets.
“These achievements are all the more impressive given the operating challenges caused by prolonged flooding in the Midwest, particularly along the Missouri River,” said CEO David Starling. “The flooding resulted in the closure of a primary rail line into Kansas City from mid-June through Labor Day, which significantly disrupted grain and coal traffic.”
KCS’s operating ratio of 66.6 for the third quarter 2011 was a sharp improvement from the 73.5 percent in third quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
KCS operates some 3,500 route miles in 10 states in the Central and South-Central U.S., as well as Kansas City Southern de Mexico, a primary Mexican rail line.
Norfolk Southern reported a 24 percent increase in third quarter profit versus third quarter 2010, citing increased freight rates and a 23 percent boost in coal hauled for export.
The third quarter produced for NS “all-time records for income from operations and earnings per share, while also establishing third-quarter records for net income and operating ratio,” said NS CEO Wick Moorman.
The NS third quarter 2011 operating ratio of 67.5 was a third-quarter record low and 2.1 percentage points below its third-quarter 2010 operating ratio of 69.6 percent. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
NS operates some 20,000 route miles in 22 states and the District of Columbia.
Union Pacific reported a 16 percent increase in profits for the third quarter 2011 versus third quarter 2010, citing price increases and fuel surcharges in the face of a sluggish economy, weather-related difficulties in parched Texas and sharply higher fuel prices.
UP’s operating ratio of 69.1 percent for the third quarter 2011 was slightly higher than the record 68.2 percent operating ratio it posted in the third quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.
Union Pacific operates some 32,000 route miles in 23 states in the western two-thirds of the U.S.
As BNSF is now privately held, it does not report its earnings.
HAVRE, Mont. – Two unidentified BNSF crew members were injured here Aug. 28 when their 93-car freight train derailed, reports the Associated Press. The injuries were described as “not life-threatening.”
The eastbound train from Spokane, Wash., to Minneapolis reportedly left at least one of three locomotives and numerous freight cars on their sides. There was no hazmat involved, according to reports.
FRAZER, Mont. — A BNSF conductor and UTU member, along with a BNSF engineer, were killed late Friday night, Aug. 19, when the crew van in which they were riding was involved in a two-vehicle collision on Highway 2 just east of here in eastern Montana. This was the eighth UTU member fatality in 2011, and the fifth since July 25. BNSF identified the dead as conductor Blaine Mack, 56, a member of UTU Local 1059 (Minot, N.D.), with 36 years’ service, and engineer Todd Burckhard, 35, with six years’ service. Both resided in Minot. Burckhard previously was a UTU member. Frazer is some 110 miles west of Williston, N.D., and about 20 miles west of Wolf Point, Mont. The Billings Gazette reports the westbound Chevrolet Suburban crew van in which Mack and Burckhard were riding collided with an eastbound Dodge pickup that crossed into the westbound lane. The newspaper, quoting the Montana Highway Patrol, reported the Chevrolet crew van “swerved into the eastbound lane to avoid a collision, but the Dodge’s driver corrected it back into the [eastbound] lane at the last moment. The Dodge then crashed into the Chevrolet’s passenger side.” The unidentified drivers of the Coach America-owned crew van and the pickup were hospitalized with unspecified injuries. The accident is under investigation by the Montana Highway Patrol. The Coach America crew-van driver reportedly had picked up Mack and Burckhard at Oswego, Mont., at BNSF milepost 251.8, and was transporting them to their away-from-home terminal at Glasgow, Mont. In March, in Kelso, Wash., a conductor trainee and engineer, along with a Coach America crew-van driver were killed when the van was struck by a BNSF freight train at a private crossing. The conductor trainee, Chris Loehr, had not yet joined the UTU. Seriously injured in that accident was UTU conductor and Local 324 member and trustee Dwight L. Hauck, 51, of Auburn, Wash. This eighth UTU-member fatality in 2011 equals the total number of UTU members killed in each of the two previous years.
KANSAS CITY, Kan. — A BNSF Railway yard worker, Thomas F. Bleyenberg, a member of UTU Local 5, Kansas City, Mo., was killed Mon., Aug. 15, when he became trapped between two rail cars at the carrier’s Argentine Yard here. Bleyenberg was working a two-person remote control assignment with a third student-operator, according to reports. Bleyenberg, 52, of Independence, Mo., was pronounced dead at the scene, according to the Associated Press. He had been a UTU member since 1994. Bleyenberg is the seventh UTU member killed in an on-duty accident in 2011, the fourth in a yard accident, and the fourth in fewer than 30 days. The National Transportation Safety Board, assisted by the UTU Transportation Safety Team, is investigating. Local 5 officers are organizing a “Christmas in October” on Oct. 8 to help Brother Bleyenberg’s family, to give a little TLC to their house and property, Missouri State Legislative Director Ken Menges reports. Local 5 Legislative Rep. Curt Jones says the Bleyenburg house needs a little painting and winterizing and this event will give a chance for all Tom’s friends and union brothers and sisters to do something that the family will remember for a lifetime. If anyone would like to help or donate please contact Curt Jones at molocal_5@yahoo.com or State Legislative Director Ken Menges at moutu@embarqmail.com or call (573) 634-3303.
TULSA, Okla. — A BNSF employee and UTU member was killed in a yard accident here Aug. 4 when a vehicle in which she was riding was struck by a flatcar during a hump operation, according to the Oklahoma Highway Patrol and reported by the Tulsa World newspaper. Deborah Ann Beeler, 39, of Claremore, was pronounced dead at the scene from multiple injuries, reports the newspaper. She was a member of UTU Local 1289 since July 2005. According to the newspaper report, Beeler was riding a 2010 Kubota RTV that was crossing BNSF’s Cherokee Yard tracks around 2:15 a.m., Aug. 4, when it was hit on the passenger side by the flatcar that was moving by gravity off the hump. She reportedly was pinned in the RTV for two hours before Tulsa Fire Department rescue workers could free her. Beeler is survived by her husband, Michael, and sons Tyler, 11, and Wyatt, 9. UTU Local 1289 member Randy Battenfield, 27, who reportedly was operating the RTV, was not injured, according to the newspaper. Battenfield became a UTU member July 1, 35 days prior to the accident. Beeler is the fifth UTU member killed in an on-duty accident in 2011, and the second in a yard accident.
Canadian National Railway July 25 reported an 8 percent increase in profit for the second quarter 2011 versus the second quarter 2010, citing a 10 percent increase in intermodal loadings (trailers and containers on flat cars) and a 14 percent increase in intermodal revenue.
CN’s second quarter 2011 operating ratio of 62.3 percent showed little change from the 61.2 percent for the second quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability.
CN is primarily a Canadian railroad. Its U.S. holdings include what were formerly Detroit, Toledo & Ironton; Elgin, Joliet & Eastern; Grand Trunk Western; Illinois Central; and Wisconsin Central.
Canadian Pacific:
Canadian Pacific Railway’s second quarter 2011 profit fell by 23 percent versus second quarter 2010, owing to widespread and prolonged flood disruptions, said the carrier.
CP’s second quarter 2011 operating ratio of 88.8 was four percentage points higher than the operating ratio for the second quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability.
Canadian Pacific is primarily a Canadian railroad. Its U.S. holdings include Class I Soo Line and regional railroad Delaware & Hudson.
CSX:
CSX July 19 reported a 22 percent increase in profit for the second quarter 2011 versus the second quarter 2010, much of it the result of higher freight rates as traffic volume slowed.
CSX said the improved profits will allow $2.2 billion in spending to make improvements to its tracks, yards and signals, and purchase additional locomotives and freight cars. The railroad also said it will increase employment by 4 percent in 2011, double its proposed headcount increase announced earlier in the year.
CSX’s second quarter 2011 operating ratio declined to 69.3, versus 7.2 for the second quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability.
CSX operates some 21,000 route miles in 23 states and the District of Columbia
Kansas City Southern:
Kansas City Southern July 21 reported a 19 percent improvement in profits for the second quarter 2011 versus second quarter 2010, driven by improved auto, intermodal and coal traffic as it established records for the number of carloads handled.
Its operating ratio of 71.7 was almost a full percentage point better than its operating ratio in the second quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability.
KCS operates some 3,500 route miles in 10 states in the Central and South-Central U.S., as well as Kansas City Southern de Mexico, a primary Mexican rail line.
Norfolk Southern:
Norfolk Southern July 26 reported a record second-quarter profit – a 42 percent improvement for second quarter 2011 versus second quarter 2010. The railroad cited increased intermodal traffic (trailers and containers on flat cars) and coal loadings as significant contributors to the improved earnings.
The NS second quarter 2011 operating ratio of 69.5 percent was slightly improved from the 69.9 percent for second quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability.
NS operates some 20,000 route miles in 22 states and the District of Columbia.
Union Pacific:
Union Pacific July 21 reported a 10 percent increase in profits for the second quarter 2011 versus second quarter 2010, citing prices increases and an 11 percent increase in chemicals and agricultural carloads. The railroad said it was the best-ever quarterly earnings.
UP’s operating ratio of 71.3, however, was 1.9 percent higher than second quarter 2010. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability.
UP said it plans to hire some 4,500 new workers by the end of 2011 – 3,000 to replace those retiring and 1,500 to new positions.
Union Pacific operates some 32,000 route miles in 23 states in the western two-thirds of the U.S.
As BNSF is now privately held, it does not report quarterly earnings.
A Wisconsin Central conductor has won a whistle-blower complaint against the carrier – collecting more than $125,000 in compensatory and punitive damages – for unlawful harassment and intimidation as the result of reporting an injury.
This was the third successful whistle-blower complaint filed against a railroad in recent months for violation of a worker’s rights under the Federal Rail Safety Act of 2007.
In the most recent case, the Occupational Safety and Health Administration ordered Wisconsin Central to cease and desist in its practice of automatically issuing notices of investigation for employees who report work injuries.
OSHA also ordered the carrier to pay the conductor lost wages, plus interest; $100,000 in punitive damages for its reckless disregard for the law; and $25,000 in compensatory damages for mental pain and emotional distress due to the humiliation and loss of income from the wrongful suspension. OSHA also ordered Wisconsin Central to provide all employees with a fact sheet advising them of their rights for reporting work-related injuries and illnesses.
According to the conductor’s attorney, the conductor reported an on-the-job injury, as required by railroad rules. The railroad subsequently issued a notice ordering the conductor to attend a formal investigation to ascertain his responsibility for sustaining a personal injury and to determine if the conductor violated any railroad rules.
Although it was determined that the railroad had abandoned previous efforts to treat an ice covered service road that the conductor was required to use in the performance of duties – resulting in the injury – Wisconsin Central found the conductor guilty of violating several rules and issued a 10-day suspension. The railroad alleged that by sustaining an injury, the conductor had violated the railroad’s rules.
Earlier this year, OSHA required Union Pacific to rehire a machinist it had fired following the reporting of a work-related injury, finding UP had improperly retaliated against him.
And in December 2010, OSHA ordered a conductor employed by BNSF to be reinstated after finding BNSF guilty of improper retaliation after the conductor filed an injury report.
The Federal Rail Safety Act of 2007 protects rail workers from retaliation and threats of retaliation when they report injuries, report that a carrier violated safety laws or regulations, or if the employee refuses to work under certain unsafe conditions or refuses to authorize the use of any safety related equipment.
Retaliation, including threats of retaliation, is defined as firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denying benefits, failing to rehire, intimidation, reassignment affecting promotion prospects, or reducing pay or hours.
An employer also is prohibited from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.
This protection is known as “whistle-blower protection,” and the federal law is enforced by OSHA, as it was against Wisconsin Central, UP and BNSF.
Relief may include reinstatement with the same seniority and benefits, back pay with interest, compensatory damages (including witness and legal fees), and punitive damages as high as $250,000.
A rail employee may file the complaint directly with OSHA, or may contact a UTU designated legal counsel, general chairperson or state legislative director for assistance.
A listing of UTU designated legal counsel is available at http://www.utu.org/, or may be obtained from local or general committee officers or state legislative directors.
To view a more detailed OSHA fact sheet, click on the following link:
GREAT FALLS, Mont. — Two unidentified BNSF crewmembers – a conductor and engineer — were injured near here July 19 when their 110-car train, with three locomotives, ran into the rear of a stationary and unoccupied maintenance train, reports the Associated Press.
The injuries were said not to be life-threatening. The freight train was enroute from Laurel to Shelby, and 13 of the maintenance-train cars derailed.
On behalf of members employed by BNSF, the UTU and the Sheet Metal Workers International Association (SMWIA) have asked the Equal Employment Opportunity Commission (EEOC) to investigate the railroad’s new medical reporting policy, which the organizations say is discriminatory and violates federal law by requiring workers to provide highly personal medical information.
