1990 BN Transfer Agreement
MEMORANDUM OF AGREEMENT
The purpose of this agreement is to establish uniform conditions governing the transfer of engineers from one seniority district to another on Burlington Northern Railroad Company's system, including the relinquishment and establishment of engineer seniority dates. Now, therefore, it is agreed;
SECTION 1 - TRANSFERS BY RIGHT
Employees who have seniority dates as engineers will be entitled, under this Section, to transfer as engineers to other seniority districts whenever they are unable to hold any positions in train, yard or engine service on their present seniority districts. Employees eligible to transfer under this Section may transfer to any location on any other seniority district where they can hold service as an engineer immediately upon their transfers, utilizing the seniority dates they will establish pursuant to the terms of this agreement.
SECTION 2 - TRANSFERS BY PRIVILEGE
Employees who have seniority dates as engineers who wish to transfer to other seniority districts but are not entitled to transfer under Section 1 above, may, at the Carriers discretion, be allowed to transfer as engineers under this Section. Before employees may transfer under this Section, the transfers must be authorized by the Carrier, in writing, including the effective date of the transfers and the seniority districts to which transferred specified. The Carrier has the sole discretion to authorize transfers under this Section and to specify the seniority district to which an employee is allowed to transfer.
SECTION 3 - RELINQUISHMENT AND ESTABLISHMENT OF SENIORITY
(a) Employees transferring under this agreement will be requited to relinquish, in writing, their seniority as engineers on the seniority districts from which transferring at the time of their transfers.
(b) Except as provided in paragraph (c) below, employees transferring under this agreement will establish seniority dates as engineers on the seniority districts to which they are transferred that is the same as their seniority dates on the districts from which transferred, provided, however, that their new seniority dates will be no earlier than the effective date of this agreement. The employees will be ranked on the rosters according to these new dates, behind all other engineers on the rosters with the same date, as if they had established seniority on those districts in the usual manner.
(c) Employees who have established seniority dates as engineers prior to the effective date of this agreement are subject to the provisions of this Section, provided, however, that employees who relinquish their seniority dates due to transfers to other seniority districts under the terms of this agreement and subsequently transfer back to their original seniority districts pursuant to Sections 1 or 2 above will, upon transferring back to their original seniority districts, establish seniority dates on those districts as engineers that are the same as their original seniority dates as engineers, and they will be ranked on the engineers roster according to their original rankings thereon.
(d) If two or more engineers have the same seniority date, they will be ranked according to their earliest date of hire with the company (continuous employment), the employee with the earliest date of hire being ranked ahead of the others. If the earliest date of hire is the same, the oldest employee in attained age will be ranked first.
SECTION 4 - EFFECT
(a) This agreement does not apply to temporary transfers as engineers for periods of ninety (90) days or less duration.
(b) This agreement supersedes all other agreement provisions that are in conflict with it, and shall become effective on the first day of November, 1990.
1. Who should any engineer in question of making a transfer under this agreement contact to initiate a transfer?
2. Is there anyway short of quitting my job that I can lose my seniority on my home district and not be able to get it back?
3. If somebody from another seniority district transfers to a seniority district ahead of me and we both have a date prior to November 1, 1990, would s/he be ahead of me on the neutral district seniority roster?
4. If somebody from my home seniority district went to the same district and I was older than him/her on my home district, would I be older than him/her on the new district or would we have the same date and have to refer to our hiring date?
5. Section 3(d) from said agreement states; If two or more engineers have the same seniority date, is this referring to engineers with the same date on different districts or the November 1, 1990 date on a new district?
6. Section 3(a) notes if I am working as an engineer on a new district and get cut off to where I cant hold an engineers job anywhere on that district, is there anyway I could work as a nonprotected brakeman since under the agreement for dual seniority engineer, I now have a brakeman s date on my home district? Could I establish a brakemans date on a new district when cut off as an engineer depending on need of Brakeman in the new district?
7. If I get cut off as Engineer on a new district, can I return back to my home district with my original seniority (Engineer, Fireman, Conductor and Brakeman Dates) ?
8. If I get cut off as an engineer on a new district, can I be called back when business picks up and without having to get permission from the company again?
9. If I get cut off as an engineer, in the event that I can return to my home district, then return to the new district when business picks up, would I have to return right away or could I wait until I was deep enough from getting cut off right away? My reasoning to this question is that if I get called back one week then cut off the next, then called back, etc., etc. Im referring to when I might have to drive 600 miles or more between districts.
10. Once I transfer to another district, is my seniority date of November 1, 1990 effective for the entire seniority district and all operating agreements pertaining to Locomotive Engineers?
11. Will I be able to carry over the amount of vacation weeks I now qualify for from my home district and any weeks not taken for in the year the transfer was made?
12. will I retain my Fireman rights upon transfer to the new Seniority district?
13. Can I transfer back to my home district if I want to with my original seniority?
14. If I get cut off of my new district, could I go work on a different district other than my home district if there is a need for engineers on that district? Would I have to get the company s approval? Who should I contact for this transfer?
15. What are the different effects of a transfer less than 90 days and one over 90 days?
16. Is there anyway the carrier can force you off of a new seniority district even when I can hold a job on that district, things such as personal differences between the employee and a supervisor, disciplinary action, etc.?
17. Will I be working at full wage on the new district as I am now in my home district?
18. Would student engineers in the training program that started prior to November 1, 1990, but later promoted after November 1, 1990 be older than me if I transfer to their home district?