BNSF News

The Latest on the FMLA Arbitration

2008-12-18

The Special Board of Adjustment, the three-neutral panel hearing the dispute about substitution of paid vacation and personal leave days for unpaid Family and Medical Leave Act (FMLA) days, has issued its Opinion and Award.

The Board held that, under our current labor agreements, the railroads may not require employees to substitute already scheduled vacation or personal leave days for unpaid FMLA leave. In particular, the Board said, “…the (National Vacation Agreement) and (the Personal Leave Agreements) expressly govern this subject matter and establish the carriers’ obligations with respect to scheduling. And, as the federal district and appeals courts have ruled, the FMLA’s permissive substitution provision does not overcome those obligations.  These employers must negotiate new contract language to permit their use of (the Family and Medical Leave Act’s) permissive authority; we are powerless to award in the arbitration rights the employers have neither sought nor won in bargaining.”

BNSF will amend its FMLA policy in accord with this award with respect to all BNSF union-represented employees. There will be further developments, and BNSF will keep employees advised.

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