Unions Ask the Federal
Railroad Administration (FRA) to Clarify and Simplify New Hours-of-Service Policies

July 28, 2009

The Brotherhood of Locomotive Engineers
and Trainmen and United Transportation Union have asked the Federal
Railroad Administration (FRA) to clarify and simplify its interim policies
relating to, and interpretations of, the Rail Safety Improvement Act's
changes to hours-of-service limitations that went into effect July 16.

The sought after clarifications and simplifications fall into three
categories:

1. The Rail Safety Improvement Act's (RSIA) prohibition of communication
with employees during statutory off-duty periods;

2. The RSIA's provisions pertaining to mandatory off-duty time following
the initiation of an on-duty period for a specified number of consecutive
days; and,

3. The maximum number of hours that may be worked in a calendar month.

The joint BLET-UTU comments observe that the hours-of-service provisions
in the safety act "produced the most far reaching effects on
hours-of-service of safety critical railroad workers since enactment of
the original Hours-of-Service Act in 1908." In fact, the FRA, itself,
observes that the hours-of-service amendments "are extraordinarily complex
and comprehensive."

Because of the complexity, said the BLET and the UTU, "the statute itself
fails to adequately address a number of important issues that will almost
certainly have a substantial effect on our members. Moreover, FRA has been
forced to provide interpretations that must address goals that sometimes
are in conflict. It is our sincere hope that these (joint BLET-UTU)
comments will provide a basis for improvement of FRA's policies and
interpretations in a way that is faithful to the intent of Congress."

The BLET and the UTU also asked the FRA "to further clarify their stated
interpretations in plain language to the maximum extent possible, so there
is no room for debate concerning the application of those
interpretations."

The BLET and the UTU noted also that they were "not" commenting on each
policy and interpretation "because we do not want to unnecessarily burden
the record. However, FRA should not conclude that we concur with each of
the policies and interpretations with which we strongly disagree, but we
are withholding comment concerning them because FRA's position has been
dictated by the statute itself, and FRA cannot depart from statutory
requirements; therefore, comments concerning these subjects would be
futile."

"The comments are intended to provide greater clarity to the sometimes
confusing provisions of the law, and to assist BLET and UTU general
committees in their efforts to negotiate a better balance between
maintaining earnings and the new requirements," said BLET National
President Ed Rodzwicz and UTU International President Mike Futhey.