JOB
SELECTION SYSTEM - Questions and Answers for BLE Officers
BN 4/24/81 Ops-35-81
MEMORANDUM OF
AGREEMENT
between the
BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
and
BURLINGTON
NORTHERN INC.
In the application of Section 7 of
the Merger Protective Agreement dated June 29,1965 and
Article VII of Implementing Agreement No. 1 dated January
21, 1966, the following provisions of the revised
engineers' schedule agreement will be made effective on
the Illinois-Wisconsin, Missouri, Nebraska, Wyoming, Lake
Superior, Minnesota, Montana-Dakota, Rocky Mountain, and
Pacific seniority districts.
ARTICLE 700 -
SENIORITY RULES
Section 701. BULLETINING AND
FILLING ASSIGNMENTS
701
General Q. How does the Job Selection System affect
Engineer's Merger Guarantee?
A. It
does not. Engineer must select assignments the same as
previously under the merger agreements.
701.1 Bulletins
701.1 (1) New assignment vacancies
shall be bulletined for seven (7) days to the seniority
district.
701.1(1)
Q. Are pool turns and extra list assignments bulletined?
A. No.
(See 701.1(4)).
701.1(2) Bulletins shall include
the following where applicable:
701.1(2) a. Nature of service
required, work, local, road switch, yard, mine run, etc.
b. Specify train number or
designation.
c. Terminal or terminals of
assignment.
d. Days of the week service is to
be performed and/or rotation of service.
e. Rest days and/or layover point.
f. Time on duty.
g. The office to which corrected
job selection cards will be sent.
h. The date assignment will be
established.
701.1(2)(h)
Q, Can job bulletins be issued establishing a job "on
or about" a certain date?
A. Yes,
provided the bulletin so specifies and the successful
bidder remains on his previous job until the bulletined
job is inaugurated.
701.1(2)(h)
Q. If job is established immediately, how is the job
protected until the bulletin expires?
A. By
an extra list engineer (See also 701.3(8)).
701.1(3) Bulletins will state the
closing time and date, which shall be at 12:01 p.m. on
the seventh day after date of issue.
701.1(3)
Q. If any zone has board changes established at a
specified time other than 12:01 PM, can the specified
closing time be other than 12:01 PM?
A. Yes,
the 12:01 PM time can be changed according to Local
Agreement.
701.1(4) Additional through freight
pool or extra list assignments will not be bulletined.
701.2 CHANGES-REBULLETINING
PERMANENT VACANCIES
701.2(l) When assignment mileage on
road runs is increased or decreased by 300 miles or more
per month; changed from straightaway to turnaround or
vice versa; starting times are changed by two hours or
more; or if terminals, layover points, or days on which
service is to be performed are changed on road runs, such
runs shall be considered a new assignment and bulletined.
701.2(l)
Q. Can the starting time of an assignment be changed by
notice more than 1"59" from the original
bulletined starting time without considering the
assignment as a new assignment?
A. No.
Letter of
understanding pertaining to 701.2
Mr. J.
L. Russell January 27, 1984
Director
of Labor Relations BW File: EFA 82-11-9
Dear Mr.
Russell:
The
claims of Engineer G. L. Siepker and Fireman D. J.
Lindholm I identified by the above file numbers were
discussed in conference on January 10, 1984, at which
time a compromise settlement to allow fifty percent (50%)
of the total claims was agreed to.
This
settlement was made with the understanding that under the
terms of the agreement BN 4/24/81, OPS-35-81, those
engineers manning assignments whose starting time is
changed two (2) hours or more will not be required to
remain on such assignments, and it will be treated as a
new assignment and bulletined to the seniority district.
If the starting time for an assignment is to be changed
two hours, or more, the affected engineer shall be
notified prior to going off duty before the close of the
last shift worked, prior to the new scheduled starting
time of the assignment. At the time notified the affected
engineer may elect to stay on the assignment, during the
seven (7) day bulletin period of the new job, consistent
with filing a new job selection card, or he will be
immediately reassigned per his job selection card on file.
When an
assignment is altered so that the mileage is increased or
decreased by three hundred (300) line miles per month or
the starting time is changed two (2) hours or more it
shall be treated just as though it is a new assignment*
At the end of the seven (7) day bulletin period it will
be assigned to the senior engineer showing preference for
the assignment on his job selection card.
Very
truly yours,
R. E.
Pelava
General
Chairman
AGREED
J. L.
Russell W. C. Sheak
Director
of Labor Relations Asst to Vice President
Burlington
Northern Railroad Co.
701.2 (2) When changes are made in
the starting time of two hours or more or equivalent of
300 miles or more in monthly earnings of engineers on
suburban and short turn around passenger service
assignments, such assignments shall be considered new
assignments and bulletined.
701.2(2)
Q.& A. Same as 701.2(l)
701. 2 (3) In yard service, when on
and off duty points, rest days or starting times of
assigned jobs are changed by one hour or more, such jobs
shall be considered new assignments and bulletined.
701.2(3)
Q.&A. Same principle as 701.2(l), except yard
starting times rules will also apply and time change is
limited to 59".
701.2(4) Incumbents of assignments
bulletined under provisions of this section may continue
to work the assignment during the period the assignment
is under bulletin.
701.2(4)
Q. Is this continuation of work on the assignment subject
to Rule 701.3(8)?
A. Yes.
701.3 ENGINEERS' JOB
SELECTION SYSTEM 701.3(l) Assignment of engineers to
permanent vacancies shall be made by the Engineers' Job
Selection System. BLE local chairmen will be furnished a
list of all road and yard assignments in the seniority
district, describing and numbering each assignment, and
these listings will be posted on all bulletin boards where
engineers go on and off duty. A job selection form shall
be made available to engineers that will permit them to
indicate their preference of assignment to regular
assignments, pool turns and/or extra board service, in
the order of their preference choices, with or without a
fireman, which will be used in placing locomotive
engineers in the event they are displaced and/or as
permanent vacancies occur. The placement of engineers who
are on duty at the time job selection records are worked
will become effective upon completion of their tours of
duty, as determined by Section 820.9 of the revised
engineer's
schedule, quoted below:
"820.9 Engineers will show
their arrival time and tie-up on the engineers' register
on completion of road service trips and tie-up time
on completion of yard tours of duty. The "arrival time" registered by engineers upon completion of road service
trips will govern determination of the relative order in
which pool freight and extra list engineers are to be
placed on such boards for subsequent service. The tie-up
time so registered will govern position of extra
engineers following yard service.
It is understood that other
arrangements may be agreed to locally between local
carrier officers and local representatives of the BLE.
701.3(l)
Q. May an engineer who has been displaced change his Job
Selection Bid., then be off for 48 hours and then be
reassigned according to the new Job Selection Bid?
A. No.
He is placed according to the Job Selection bid that was
valid at the time of displacement.
701.3(l)
Q. Can an engineer change a Job Selection Bid by altering
a previous Job Selection Bid that is on file?
A. No.
Job Selection Bids containing erasures or alterations of
job assignments are not valid. Alterations only may be
made in the date of assignment column by the crew caller.
701.3(l)
Q. Should an engineer retain a copy of his Job Selection
Bid?
A. Yes.
When filing a Job Selection Bid, each copy should be
receipted with the date, time, location and name of the
person with whom the bid is filed.
701.3(l)
Q . Should a demoted Engineer file a "Job Selection
Bid" Sheet?
A. Yes.
Every demoted Engineer should file and keep his Engineers
Bid Sheet current. When he is promoted he will then be
assigned per his Bid Sheet, seniority permitting and not
be forced assigned.
GCA-BLE/BNRC File:
BN4/24/81-OPS
35-81
(Except C&S, FW&D, and
StL&SF) CL. No. 0,85-24
Dear
Sirs and Brothers:
It has
come to my attention that a misunderstanding exists at
some locations on the proper placement of engineers
affected by our Article 700-Seniority Rules and the UTU-Manning
Agreement.
In order to eliminate any future
problems all engineers, whether promoted or demoted,
should adhere to the following procedure.
I . File and maintain a Job
Selection Card for engineer positions at all locations
in the Seniority District at which he may desire to work.
2 .
Indicate as shown in the example which engineer positions
he would desire to work in the event of furlough under
the terms of the Manning Agreement.
EXAMPLE: (To be placed on
Engineer A's Job Selection Card,) NOTE; In the event of
furlough as a fireman I wish to exercise my engineers
seniority to the following positions;
ASSIGNMENT - TERMINAL OR
LOCATION
001 - B
002 - B
103 - C
401 - E
If this procedure is followed,
those individuals subject to furlough will retain one
last opportunity to exercise engineers seniority prior to
excepting furlough under the decline in business
formula.
This understanding is currently
effective and shall remain so until such time as one of
the applicable agreements is changed so as to affect the
understanding.
R. E.
Pelava
General
Chairman
701.3(2) Engineers will be
privileged to change their job selection cards at any
time but they will not become effective until expiration
of 48 hours from the time filed. All changes shall be
recorded as to the time and date filed.
701.3(2)Q.
When is the 48 hour validation period waived?
A. Only
under circumstances provided for in sections 701.2(4) and
701.3(8).
701.3(2)
Q. May an Engineer have a Job Selection bid on file at
several zones or locations that are not identical?
A. No.
This is further explained in the next question and answer.
701.3(2)
Q. If an engineer is working in a zone and moves to
another zone, does that void his bid in the zone where he
was previously working?
A. No.
But if a new bid is filed in the new zone, an identical
bid must be filed in the zone where he was previously
working as well as all other zones where his bid is on
file. Bids in all zones listed are in effect until a new
Job Selection bid is filed at any one location.
701.3(3) Engineers desiring new
assignments or assignments that are changed will change
their job selection cards with the appropriate offices
not later than 48 hours before the expiration of the
bulletin.
701.3(3)
Q. If the office where bid is to be sent is in another
zone, when does the bid become effective?
A. 48
hours after it is filed at any location, within the
seniority district. (See 701.3(2))
701.3(4) An engineer displaced from
a run or assignment by a senior engineer in accordance
with schedule rules and/or agreements will immediately be
assigned to another assignment consistent with such
engineer's job selection card on file in that zone.
NOTE EXCEPTIONS: Provided under
Sections 701.24(4), 701.3(7)) 701.3(8) and 708.3
701.3(a)
Q. What procedure is to be used if an engineer cannot
hold any of the jobs shown on his job selection bid and
there are junior engineers working at that location?
A. Such
engineer is required to displace the junior engineer
working within the zone.
701.3(4)
Q. What procedure is to be used if an engineer cannot
hold any of the jobs listed on his job selection bid and
there are no junior engineers'
assignments that his seniority requires that he fill at
that location?
A. Such
engineer is demoted and placed according to rules
governing his new craft.
701.3(5) A turn added to a through
freight pool or extra board will be considered an
additional assignment, and it will be assigned to the
senior engineer showing preference for it on his job
selection card. An engineer will not be permitted to
change from one turn to another in the same pool, except
to obtain a pool turn with or without a fireman as
specified on his job selection card.
701.3(5)
Q. What effect does it have if no preference is indicated
as to working with a fireman or without a fireman?
A. If
the fireman/no fireman designation is not made,
the engineer will displace the junior engineer
in than pool.
701.3(5)
Q. If a pool engineer changes his Bid Sheet from "Freight
Pool with a fireman" to "Freight Pool without a
fireman", will he be reassigned 48 hours later?
Likewise if he changes his bid sheet the opposite way?
A. No.
First an exercise of seniority must take place by a Pool
Engineer into or out of the Freight Pool in which he
vacates a turn with or without a fireman.
Second,
there must be an exercise of seniority by a fireman
vacating or filling a fireman pool turn. When under the fireman's rules it is established a fireman will or will
not be assigned to that pool turn the engineers will be
reassigned per his bid sheet.
701.3(6) An engineer displacing
into a through freight pool will displace either the
junior engineer with a fireman, or the junior
engineer without a fireman.
701. 3(6)
Q. May a junior engineer showing a preference either with
or without a fireman displace a senior engineer who does
not show the preference?
A. No.
A junior engineer cannot displace a
senior engineer.
701.3(7) An engineer absent from
service during the bulletined period of a new run will be
permitted to take such run upon return to duty, provided
he does so prior to performing any other service, and
provided further that his seniority entitles him to the
run.
701. 3(7)
Q. May an engineer who is on vacation, sick leave or
other authorized leave of absence file a Job Selection
Bid?
A. Yes.
However, in some cases it would not be necessary. For
example, if an assignment was not advertised until after
the engineer had completed service prior to his absence,
it would not be necessary for him to change his bid since
he would have the right to do so upon his return to
service.
701. 3(7)
Q. If the engineer has access to the job bulletin prior
to vacation, etc., would he have displacement privileges
upon return to service?
A. No.
The interpretation of "access" as used above is:
The bulletin would have to be posted prior to the tie-up
time of the engineer as of his last service preceding his
absence.
701. 3(7)
Q. In the above question, for example, if an engineer's
vacation started at midnight and the bulletin was
advertised 6 hours prior (or less) to his vacation, would
this be considered as having access to the bulletin?
A. No.
Per answers to the above two questions it would be
necessary for the bulletin to be posted at the tie-up
point, of the involved engineer, prior to the actual time
such engineer tied up to be designated as his having
access to the bulletin.
701. 3(8) An engineers whose job is
abolished during the period a new job is under bulletin
will be permitted to take one such new run immediately,
provided (1) he first indicates such new job on his job
selection card, and (2) he is senior to the engineer
filling such job during the bulletin period.
701.3(8)
Q. If an engineer takes a job under bulletin, how long is
he entitled to that job?
A. Only
until the expiration of the bulletin unless he is the
senior engineer bidding on the job, in which case he is
assigned as per the bulletin.
701.3(8)
Q. Does this entitle the engineer to change his job
selection bid when displaced?
A. Yes,
the 48-hour prerequisite is waived under these
circumstances.
701.3(8)
Q. The extra man working the assignment under bulletin is
senior to the engineer whose job is abolished. Can the
senior extra engineer be displaced?
A. No.
701. 3(9) If the number of
engineers' pool turns is reduced, the turn held by the
junior engineer without a fireman will be removed. That
engineer will have an exercise of seniority in accordance
with his job selection card.
701. 3(10) Any employee holding
seniority as engineer may list any engineers' jobs on his
seniority district on his job selection card. However, he
will not be placed on an engineer's job if senior
engineers are demoted at that location.
SECTION 707. DEFINITIONS OF
VACANCIES
707.1 Temporary - A temporary
vacancy is one created by an assigned engineer being
absent for any reason for less than thirty days.
707.2 Permanent - A permanent
vacancy is created when an engineer has been or it is
reasonably certain that he will be, absent for thirty
days or more. Days of absence while on vacation will not
count in calculating the thirty days.
707.2 Q.
When is a board change made under Section 707.2 (Permanent Vacancies)?
A.
Engineer "D" may be off ill 25 days and it is
apparent he will not return to service for several more
weeks.
The BLE
Local Chairman and proper Carrier Officers will agree to
have Engineer "D"s assignment filled as a permanent
vacancy due to Engineer "D" being absent 25 days.
If the
BLE Local Chairman or Carrier Officer have not agreed to
a board change in less than 30 days under this rule, the
board change will be made on the 31st day of the vacancy
at the usual time of day that board changes are made.
707.1 Q.
Does one T.V. create another T.V.?
A. Yes.
After the seven day period.
707.1 Q.
Can an Engineer holding a regular pool turn mark up onto
a Temporary Vacancy in the same pool?
A. No.
707.3 Vacation vacancies will be
considered as temporary vacancies regardless of length of
assigned vacation.
707.3
Have a ten (10) Engineer Extra Board. On a given day,
three (3) start vacation and two (2) mark up on temporary
vacancies.
Q.
Should these five (5) extra board turns be treated as
temporary vacancies?
A. No.
There are no temporary vacancies on an extra board.
ALL LOCAL CHAIRMEN
GCA-BLE/BNRC (Except Frisco)
March 2, 1982
File: Sch.Sec, 707,2
Dear Sirs and Brothers:
Enclosed is copy of letter of
intent regarding Section 707.2 of our Job Selection
System,
It was brought to my attention
that Section 707.2 had been misinterpreted, in at least
one location. So as to resolve any misunderstanding the
enclosed is provided for your information and files.
I trust it will now be perfectly
clear that an engineer' absent from his regular
assignment for any cause for thirty days except his own
vacation will cause the job selection cards to be worked.
In essence this will give an engineer an opportunity to
change jobs by being absent from his regular assignment (laying
off or working temporary vacancies), for thirty days.
If you have any questions please
contact this office at your convenience.
Fraternally yours,
W.M Dunegan
Enclosure
W. M. Dunegan
General Chairmen
BURLINGTON
NORTHERN
Mr. W. M. Dunegan, Gen, Chmn,
Bro. of Locomotive Engineers
1003 Pioneer Building
St. Paul, Minnesota 55101
February 25, 1982
File EF-6(c)-9
Dear Mr.
Dunegan:
With
reference to Agreement BN 4/24/81 Ops 35-81, which
revised the seniority rules.
Section
707.2 of this Agreement reads as follows:
"Permanent
- A permanent vacancy is created when an engineer has
been, or it is reasonably certain that he will be, absent
for thirty days or more. Days of absence while on
vacation will not count in calculating the thirty days."
The above agreement is intended
to apply when an engineer is absent from his assignment
for any cause (except vacation) for a period of 30 days
or more.
If you agree that the above is
correct, please sign the duplicate copy of this letter.
Sincerely,
J. L.
Russell, Director of Labor Relations
ACCEPTED:
W. M. Dunegan, General Chairman
707.4 NEW ASSIGNMENT VACANCY 707.4(1) A new assignment vacancy
is one created by a yard assignment being run for four
days or more under Section 314.3.
707.4(1)
Q. When an extra yard assignment has been on for four (4)
consecutive days on the same shift, should it be
bulletined as a regular assignment?
A. Yes.
The procedure provided for under Section 701.1(2) should
be followed.
707.4(l)
Q. Would an engineer who had been displaced be able to
file a revised Bid Sheet, showing preference for the new
assignment and be assigned?
A. Yes.
This is provided for under Section 701.3(8).
707.4(2) By a bulletin being issued
establishing a new assignment under Section 701.1.
Section 708. FILLING
VACANCIES
708.1 Temporary vacancies as
defined in Section 707.1 will be filled from the engineer's
extra list for the first seven days of such vacancy.
Thereafter, the vacancy will be open to seniority
choice and the successful applicant must remain on the
vacancy until:-
708.1(1) The regular engineer
returns.
708.1(2) He is displaced by a
senior engineers
708.1(3) He is awarded a
permanent position under the Job Selection System. In
this event, he will have the option of remaining on the
temporary vacancy or going on the permanent vacancy.
EXAMPLE
1. - Engineer "A" goes on vacation and was on
Job #106. While on vacation he is reassigned to Job #204.
Engineer "B" was filling Job #106 as a temporary vacancy.
Q. Does
Engineer "B" follow the temporary vacancy to
Job #204?
A, No.
Engineer "B" would be displaced by the regular
engineer being assigned. See 708.1(1) and be assigned per
his job selection bid or place on another temporary
vacancy.
Under
Example 1 - Engineer "C" who was permanently
assigned to Job #101 has been on vacation for two weeks
when assigned.
Q. Does
Engineer "B" stay on Job #106 as a temporary vacancy?
A . Yes.
As Engineer "C" being on vacation will not
bodily mark up on Job #106. See 708.1(1)
Once an
assignment is designated a temporary vacancy it remains
such until the regular engineer is actually marked up for
service on that assignment.
It is
possible, but not probable, to have three or four
engineers assigned to an assignment after the first seven
day period but they never mark up for actual service. The
assignment remains a temporary vacancy.
EXAMPLE
2:
Engineer
on vacation for five weeks. First seven (7) days filled
by extra engineer. Second week-is filled by engineer "A" who then goes on four (4) weeks.
Q .
Would Engineer "As" vacation be filled by
an extra engineer for the first seven days?
A. No.
It remains a T.V. and can be filled by an engineer
desiring same as a T.V. (Due to language in 707.3 and 708-1)
February 25, 1982
File BP-6(c)-9
Dear Mr.
Dunegan:
With
reference to Agreement BN 4/24/81 Ops 35-81, which
revised the seniority rules.
Section
707.2 of this Agreement reads as follows:
"Permanent
- A permanent vacancy is created when an engineer has
been, or it Is reasonably certain that he will be, absent
for thirty days or more. Days of absence while on
vacation will not count in calculating the thirty days."
The above agreement is intended
to apply when an engineer is absent from his assignment
for any cause (except vacation) for a period of 30 days
or more.
If you agree that the above is
correct, please sign the duplicate copy of this letter.
ACCEPTED:
J. H. Waldron August 15, 1983 -
10:30 AM
Returned his call - Q of 2/24/78
Agreement and 700 Rules for force filling assignments.
708.2(2) Filling per No. "Third"
Review of file notes and after
discussing same with VC M. L.Glover and J. D. Shell.
The following was agreed to as
the intent of Third:
In the event a Zone does not
have a demoted engineer hired after "M" Day
March 3, 1970 (Implementing Agreement No. 1) or after
October 11, 1974 (Implementing Agreement No. 2) they are
to go to the next Zone nearest location highway miles and
force a non prior righted or non merger protected demoted
Engineer.
After all Zones in a seniority
district are out of either non prior righted engineer or
non merger protected engineers, they can then move to "Fourth".
Under Fourth - they go to the
junior demoted prior rights engineer (fireman) and force
him to fill his prior right assignments. (He can be
working in any zone in the district) or under IMA #1 -
force the junior demoted engineer in the seniority
district.
Also discussed the question of
an individual working in Zone at out side location but is
not the most junior demoted engineer in the zone but is
at close by highway miles to the zone or location that
needs an engineer.
Our position is he is forced per
language in "Third" nearest location by highway
miles.
Waldron
advised of our position at 4:15 PM - August 15, 1983.
April 4, 1982
File EF-6(c)-9
MEMORANDUM
OF AGREEMENT
With
reference to Agreement BN 4/24/81 OPS 35-81, pertaining
to Job Selection Rules.
Section
708.2 (2) reads In part:
"Second:
By assignment of the junior demoted engineer working In
the zone where the vacancy occurs."
In the application of the above,
it is agreed:
In the event a junior demoted
engineer returns to work in a zone where there is a
forced engineer, that forced engineer can request of be
reassigned according to his Job Selection Card.
FOR
BURLINGTON NORTHERN RAILROAD COMPANY
FOR
BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
March 22, 1984
File: BN 4/4/82 Ops 15-82
Dear Mr. Russell:
In order to clarify any
questions concerning proper application of Agreement BLE/BN
4/4/82 Ops l5a,82, carrier file EF-6(c)w9, the following
interpretation is given to this agreement:
If an engineer is force assigned
to an outlying point in a zone provided by Section 708.2(2)
of Agreement BN 4/24/81 op a 35-81, he may request
reassignment within the zone if a junior demoted engineer
becomes available in this zone for any reason* Such
reason is defined as reporting after laying off, illness,
furlough, reinstated to service, return to service in
that zone from another zone by exercise of seniority,
forced or otherwise, or becoming available through
demotion within the zone*
It is further understood that
such force assigned engineer must make request for
reassignment immediately upon becoming aware that a
junior demoted engineer is available in the zone. Failing
to do so, he waives all rights to be reassigned under the
interpretation of this agreements He would then be
allowed to move only in accordance to his seniority and
the applicable governing 700 rules.
It is
understood when these conditions are met, the engineer
requesting reassignment may demote himself, subject to
the applicable existing rules and agreements.
If you
concur with this interpretation, sign and return one (1)
copy of this letter.
Fraternally
yours,
R. E. Pelava
General Chairman
708,1 Q.
Is it necessary or permitted to list temporary vacancy
choices on Job Selection bid?
A. No.
Job Selection Bid Sheets have no
connection with temporary vacancies.
March 22, 1989
File: EN 4—24—81 OPS 35—87
Sec. 708 Temp. Vacancy
ALL LOCAL & ASST. LOCAL CHAIRMEN
BLE GENERAL COMMITTEE OF ADJUSTMENT
NORTHLINES MERGED PROPERTIES—BNRC
Dear Sirs and Brothers:
Enclosed for your
information and files you will find correspondence interpreting Section
708 of the BLE/EN 700 Rules (BN 4—24—51, UPS 35—81) with regard to
placement on temporary vacancies.
Simply put, an engineer
may only exercise seniority to a temporary vacancy in the same zone or
source of supply where that engineer is permanently assigned. For
example, an engineer assigned to a permanent job/assignment in Zone A
can exercise to any temporary vacancy in Zone A or on an assignment
working out of a source of supply for Zone A. An engineer cannot place
or exercise seniority to a temporary vacancy in Zone B without first
obtaining a permanent assignment in Zone B. This is consistent with the
implementing agreement terms which specify that zones will replace
pre—merger seniority districts with sources of supply as defined
therein.
I trust this will clear
up any misunderstandings regarding placement on temporary vacancies and
will facilitate consistent application of the rules.
Fraternally yours
W.C. Keppen
General Chairman
February 8, 1989
File: EN4—2481 OPS 35—81
Sec. 708. Temp. Vacs.
Mr. R. E. Cassity
Asst. Vice Pres.-Labor Relations
Burlington Northern Railroad
3000 continental Plaza
777 Main Street
Fort North, TX 76102
Dear Mr. Cassity:
This is in regard to a
letter (copy enclosed) received in this office January 17. 1989.
The letter poses the
question:
“Can an engineer
working in one zone mark up on a temporary vacancy in another zone on
the same seniority district?”
Our review of this
issue indicates that the answer and application has not always been
consistent.
As you are aware, with
merger — pre—existing seniority districts were expanded and zones were
established and defined within the expanded seniority districts.
Inasmuch as seniority exercise to temporary vacancies (prior to merger)
was confined to the same source of supply where an engineer held a
permanent vacancy, such an exercise to temporary vacancies should
continue to be confined to the same zone.
Therefore, it is our
position that an engineer may only exercise (mark up) on a temporary
vacancy in the same zone where that engineer is holding a permanent
vacancy.
if you concur with our
position, please so signify by signing in the space provided.
Very truly yours I concur:
WC Keppen RE Cassity
General Chairman Burlington Northern Railway
708.2(l) A permanent vacancy
is defined in Section 707.4(l) will be filled by the
senior engineer who has the assignment shown in
preference on his job selection card on record.
708.2(2) In the event there
is no job selection card on record for the
assignment the vacancy will be filled as follows:
First: By assignment of the senior
demoted engineer working at the location of the vacancy.
Second: By assignment of the junior
demoted engineer working in the zone where the vacancy
occurs.
Third: By the junior demoted
engineer hired subsequent to Implementing Agreement No. 1,
or implementing Agreement No. 2, whichever is applicable,
working in an adjacent zone at the nearest location by
highway miles where vacancy exists.
NOTE: (a) A location is defined as
either a terminal or an outlying point.
NOTE: (b) The seniority districts
subject to Imp lamenting Agreement No. 1, as presently
defined, are Lake Superior, Minnesota, Montana-Dakota,
Rocky Mountain and Pacific.
NOTE: (c) The seniority districts
subject to Implementing Agreement No. 2, as presently
defined, are Illinois-Wisconsin, Missouri, Nebraska and
Wyoming.
NOTE: (d) Edgemont will be
considered as the "nearest location" to
Gillette, and Sheridan as the next nearest, for permanent
engineer vacancies at Gillette.
Fourth: By the junior demoted
engineer who is merger protected per Implementing
Agreement No. 1, or who has prior rights per
Implementing Agreement No. 2, working in another zone.
NOTE: (e) An engineer subject to
Implementing Agreement No. 1 will be notified of an
available force filled assignment on his seniority
district. If there is a demoted non-merger protected
engineer on the seniority district to fill the assignment,
the merger protected engineer may decline to fill the
assignment. In the event he declines the force-fill
assignment, any merger guarantee payment due him would be
subject to an earnings offset of the earnings of the
junior engineer on a one-for-one basis.
708.3 A demoted engineer who is
force-assigned to a permanent vacancy in another zone
will be afforded the rights of a displaced engineer in
the zone to which he is forced, subject to his timely
filed contingent job selection card.
708.3 Q.
What constitutes a "timely filed" Job Selection
bid under this provision?
A. "Timely filed" under this provision means the
immediate filing of a Job Selection bid upon his
reporting for work in the zone to which he was forced.
708.3 Q.
Can an engineer who is forced to a particular zone elect
to go to another zone in lieu of the force move?
A. No.
He must report at the zone to which he is forced.
708.3 Q.
An engineer is forced Minneapolis to Willmar, can he file
a new bid at Willmar and come back to Minneapolis before
working at Willmar?
A. No.
Changes in Job Selection Bids are not effective for 48
hours after being filed.
708.4 OUTLYING POINTS (Points
other than the source of supply)
708.4(l) Temporary vacancies, new
assignment vacancies (The bulletin period thereof) and
extra service shall be filled by the senior demoted
engineer at the outlying point.
3000 Continental Plaza
RICHARD E CASSITY 777 Main Street
Assistant Vice President Ft. worth, Texas 76102
Labor Relations Telephone (817) 878-3002
September 10, 1987
File: EF 1(b) 4/24/81
Mr. J. D. Shell
General Chairman, BLE
333-On-Sibley St., Suite 410
St. Paul, MN 55101
Dear Mr. Shell:
This refer to your
letter of March 20, 1987, File: BN 4/24/81, OP’S 35-81, regarding
filling of engineer vacancies at outlying locations.
After investigating
this matter it was determined that we do not object to the cancellation
of our August 17, 1983 Letter of Understanding, File: EN 4/24/81 OP'S
35-81/ Temporary Vacancy at an outlying point.
Effective October
1,1987, Memorandum of Agreement signed April 24, 1981, Article 700 — Seniority Rules, Section 708.4 (1), will be applied in the following
manner:
When a temporary
engineer vacancy develops at an outlying point and there is a demoted
engineer(s) working at that location, the senior demoted engineer at the
outlying point will fill the temporary vacancy, in a circumstance where
the assigned demoted engineer(s) is not available and an extra board
engineer is sent to fill the temporary vacancy at the outlying point,
the extra board engineer will be relieved when the demoted engineer
reports for service. The demoted engineer will the assume the engineer
temporary vacancy until the regular assigned engineer reports for duty
or until the temporary vacancy is filled pursuant to Section 708.4 (5),
by a senior applicant.
If you agree with the
above interpretation and agree that, effective October 1, 1987, the
Letter of Understanding dated August 17, 1983 is cancelled and replaced
by the new interpretation, please indicate your concurrence in the space
provided below and return signed copy.
I Concur: Sincerely,
Richard Cassity J.D. Shell
708.4(l)
Q. Explain Section 708.4(l). Temporary vacancy choices on
Job Selection Bid?
A. The
agreed to application is:
EXAMPLE:
Have 4 assignments, 2 of which firemen assigned at an
outlying point. Senior demoted engineer #1 will fill
first engineer's assignment (temporary) and remain on the
temporary assignment until the regular engineer reports.
He cannot be used on another assignment as an engineer,
unless the assigned engineer has reported for service.
In this
event, if demoted engineer #2 had also been used as an
engineer (temporary) and this is still a vacancy -
demoted engineer #1 will be used on this assignment.
This
prevents senior demoted engineers (firemen) from working
for a junior demoted engineer as a fireman.
Cannot
use a demoted engineer (fireman) from job to job on a one
trip or day basis.
When
demoted engineer fills assignment he remains on it until
the regular engineer reports or a senior demoted engineer
is available at that location.
708.4(2) If there is
no demoted engineer at the outlying point the vacancy
shall be filled from the engineers' extra list at the
nearest point, by highway miles, within that seniority
district.
708.4(3) An extra list engineer so
used will fill the vacancy for seven days except if he
should be the senior applicant for a permanent vacancy or
a new assignment.
708.4(4) An extra list engineer
filling a vacancy at an outlying point will be released
from such vacancy after seven days if he so requests. In
the event the assignment is working less than seven days
per week the extra engineer will be relieved, if he so
requests, following the last working day preceding the
rest day(s) of the assignment provided such extra
engineer has filled the assignment at least five days.
708.4(5) After the expiration of
seven days, seniority will prevail in the filling of
temporary vacancies at outlying points for engineers
desiring to fill such vacancy. (See Section 708.1)
This agreement shall become
effective May 1, 1981 on the Illinois-Wisconsin, Missouri,
Nebraska and Wyoming seniority districts. On the Lake
Superior, Minnesota, Montana-Dakota, Rocky Mountain and
Pacific seniority districts, it may become effective on
the first day of a month beginning June 1, 1981, but not
later than January 11 1982. The exact effective date on
those five seniority districts will be agreed upon by the
parties.
July 1, 1993
File: 4-24-81 OPS
35-81
Dear Sir and Brother:
This concerns the question you
posed regarding an engineer on the extra list who is
called to protect a temporary vacancy at an outlying
point, Specifically,, your question was:
Can an extra list engineer who
is called to protect a temporary vacancy at an outlying
point exercise to a different temporary vacancy within
that zone before he has protected the outlying vacancy
for the number of days prescribed by 708,4(3),, (4)?
The answer is, No. Section 708.4(3)
states: "An extra list engineer so used will fill
her vacancy for seven days except if he should be the
senior applicant for a permanent vacancy of a now
assignment."
The above, in addition to
Section 708.4(4), makes it clear that the engineer may
only be allowed to vacate the outlying vacancy prior to
the seven (or five per 708.4(4)) day period if awarded
a permanent or new assignment,
Trusting this answers the
question you posed, I remain,
Fraternally,
D.L. McPherson
General Chairman
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