Failure to show up would have required penalties under a new attendance system BNSF had adopted just months earlier, a policy unions have denounced as the toughest in the country. So Hyles, 51, delayed his doctor’s visit, his family said, and went to work. A few weeks later, on June 16, Hyles suffered a heart attack and died in an engine room on a BNSF freight train somewhere between Kansas City, Mo., and Fort Madison, Iowa — a tragedy that fueled a labor dispute which last week nearly shut down the US economy. Railroad attendance policies were at the center of a dramatic showdown between the nation’s largest rail carriers and railroad workers, who were not on strike after President Biden and other top administration officials brokered a last-minute deal early Thursday. The deal includes a 24 percent pay increase through 2024 — the largest for railroad workers in more than four decades — and new flexibility for workers to take time off when they are hospitalized or attend routine doctor appointments without penalty. However, discontent among railway workers continues to build. They say few details have been made available about the agreement, which leaves the grade-based attendance policy in place for other types of emergencies. And some say they doubt the deal will address their fundamental concerns about quality of life amid painful labor shortages and the continued spread of covid-19. “This policy is very harsh. Everyone’s worried about the spots,” said Joel Dixon, a BNSF conductor and Hiles’ best friend for more than two decades. “It’s always a question of whether Aaron would still be there if he made the doctor’s appointment. He and I talked every day. We were brothers.” BNSF would not discuss the details of Hyles’ death, but noted that workers receive generous vacation packages and can take time off when needed without fear of retribution. The company said it is committed to working with employees when “extenuating circumstances” arise, but that grade-based policies are necessary to keep trains running during a demanding labor crisis. Biden signs deal on rail strike, but worker discontent emerges But the backlash on social media has been furious since union leaders walked away with a deal that guarantees rail workers just one extra day of paid leave. Some workers said they weren’t sure how negotiators arrived at those policies, having tugged at their proposals in closed-door talks for about 20 hours at Labor Department offices. More specific contract language will be distributed to workers in the coming weeks and explained at training sessions aimed at persuading workers to ratify the agreements, union leaders say. The stakes are high. If union leaders don’t get 115,000 workers in 12 unions to vote to ratify the contracts, a nationwide rail strike is still possible — and could snarl much of the nation’s supply chain just before midterm elections. Points-based attendance policies date back to 2020, when Union Pacific, one of the nation’s largest carriers, rolled out new rules to help keep staff safe during the pandemic. Under these policies, employees receive a certain number of points, which are deducted when they miss a request to come to work or leave unexpectedly. If their point totals fall too low, penalties up to and including termination may apply. BNSF adopted its own points-based attendance policy in February 2022. The unions called BNSF’s policy “the worst and most egregious attendance policy ever adopted by any railroad.” BNSF said the policy was implemented to “incentivize consistent and reliable tracking” amid increased demand for smooth service. Employees can earn points by agreeing to be on call for 14 consecutive days. Rail carriers have been experiencing high turnover and labor shortages for the past two years. Rail transportation has lost 12,500 jobs since the start of the pandemic, according to the Labor Department. Worker shortages are fueling America’s biggest labor crises Under those policies, union leaders say workers have lost grades or faced penalties for calling in sick with Covid, suffering a heart attack and being in a serious car accident. Another employee lost points after losing his job when his mother died. BNSF spokesman Benjamin Wilemon denied those claims, saying the system can automatically assign points for absences, but that workers can explain the situation to their supervisor and get their points back. Wilemon said BNSF’s attendance policy is designed so that “employees can take time off when needed” and that “employees are encouraged to use their points without fear of penalty.” He noted that points are available to use for doctor visits and that workers have at least three weeks of vacation and 10 personal days available. “It is unfortunate that some would use Mr. Hyles’ death to advance their agenda while ignoring the facts of this tragic situation,” said Wilmon. “Out of respect for his family, BNSF will not discuss the circumstances surrounding his death.” Wilemon also noted that workers received a 25 percent increase in personal days this year and that workers cannot work more than six days in a row under federal law. Union leaders say the federal law allowance is misleading because time spent holed up in a hotel after a long shift waiting to be called back to work doesn’t count as a work day. Just missing a call from BNSF to come to work results in a 15-point deduction, BNSF confirmed. Many plumbers and engineers live in rural areas of the country with limited cell phone service. Once called, workers have 90 minutes to two hours to report to work, regardless of the time of day and distance they live from their station. Failure to show up for work on weekends, holidays and other “high-impact” days like Super Bowl Sunday and Mother’s Day result in the largest reductions. Although employees can earn back points by being available for work 14 consecutive days. More than 700 BNSF employees have walked off the job since the policy took effect in February, union officials say, exacerbating workloads for those who remain. BNSF’s Wilemon said the company has seen more workers take scheduled vacation days since it rolled out its attendance-based policy. He said workers take off 24 hours, on average, between each shift and that number has increased since the attendance policy began. He added that the policy has resulted in fewer attendance-based disciplinary actions. BNSF employees say the points-based tracking system has worsened a difficult profession that already takes a toll on their mental and physical health. Many railroad workers suffer from chronic conditions such as obesity and sleep apnea, according to union officials. Workers regularly stay in motels for days, unsure when they will be able to return home, exacerbating tensions in already strained marriages and relationships with their children. Jordan Boone, 41, a BNSF conductor in Galesburg, has five children at home. Since the policy took effect in February, Boone said, he has missed most sports games, birthdays, recitals and holidays. If he is lucky, he can squeeze in a few hours with his family a week. “BNSF implemented this policy because of all the cuts they’ve made, and they’re trying to do everything they can to get us to pick up the slack. They haven’t hired enough,” Boone said. “Time away from family has a big impact on our mental health. I know people who have missed doctor appointments for months and months because of this policy.” Aaron Hiles signed up for a railroad job with BNSF in Galesburg after serving with the Marines in Desert Storm and Somalia. The job was prestigious, but life on the railroad was hard. Hyles spent weeks away from home, living out of motels, working during Christmas and other holidays, and collecting coins and reading about current events to pass the time. But things took a turn for the worse when BNSF adopted its updated points policy in February, Hiles’ parents said. They noted that Aaron looked “tired and really down.” “When he told us about the order, I said, ‘Somebody’s going to have a heart attack and die,’ and he said, ‘Yeah, they will,’” recalled Donna Hills, his mother. On the day Hiles died, two BNSF representatives traveled to his home in Lee Summit, Mo., to inform his wife. He called his parents to inform them that their son had died. BNSF paid for Hyles’ funeral expenses, but his parents never heard directly from them. “It’s devastating,” Donna Hiles said. “He was larger than life. He was kind hearted. I dare you to find a person who disliked him. He had hundreds of friends.”
