SEATTLE — Two workers sued one of the nation’s largest rail companies Tuesday, saying their same-sex spouses have repeatedly been denied health benefits even though gay marriage is legal in Washington state.
The lawsuit against BNSF Railway, filed in U.S. District Court in Seattle, alleges the company refused to add the spouses of locomotive engineer Michael Hall, of Pierce County, and conductor Amie Garrand, of Vancouver, to their plans.
BNSF spokesman Gus Melonas said he couldn’t comment on the lawsuit’s specifics. But he said the company offers benefits to the same-sex spouses of salaried employees, as opposed to those covered by collective bargaining agreements.
“In terms of employees covered by collective bargaining agreements, BNSF does not have the ability to unilaterally expand coverage that was negotiated through multi-employer collective bargaining with rail labor organizations,” Melonas said, reading a statement. “Such discussions have been ongoing with the various representatives of the parties involved.”
However, it wasn’t clear why such discussions were necessary. An excerpt of the bargaining agreement at issue, included as an exhibit to the lawsuit, says the husbands and wives of covered employees are dependents eligible for coverage. It makes no reference to whether those husbands and wives must be the opposite sex of the employee.
Hall and Garrand both said they made repeated requests over several months, only to be met with denials and, in Hall’s case, an intimidating phone call from a supervisor.
“BNSF has no business overriding the vote we had here to make same sex marriage legal,” Cleveland Stockmeyer, a lawyer for the couples, said in a news release. “Who are they to judge? BNSF should stick to running railroads and stop telling gays or lesbian couples who are legally married that they are not.”
The lawsuit, which alleges violations of the federal Equal Pay Act, seeks class-action status on behalf of any other BNSF employees who may have been denied benefits for their same-sex spouses in a legally recognized marriage. It says the same-sex spouses have been denied benefits provided routinely to those of opposite sex.
Hall has worked for BNSF for three years. He drives mile-long freight trains from the Seattle area to Pasco, Vancouver, and back to Seattle. His husband, Elijah Hall Uber, has HIV, the virus that causes AIDS, and going without health coverage for him has deprived the couple of $2,400 per month in coverage of medication costs, the lawsuit said.
Amie Garrand, a BNSF employee for 12 years, drives trains in southwest Washington. She lost out on coverage for her wife, Carol Garrand, who gave birth to a son this year, the lawsuit said.
