Gay workers sue BNSF over spouse benefits

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 voters in Washington state legalized gay marriage last year.

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, owned by Berkshire Hathaway Inc., 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 health plan 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, and the company didn’t immediately respond to an email asking why same-sex spouses wouldn’t be covered under that language.

The lawsuit alleges violations of the federal Equal Pay Act.