MEMORANDUM OF AGREEMENT
Between
BURLINGTON NORTHERN RAILROAD COMPANY
And The
BROTHERHOOD OF LOCOMOTIVE ENGINEERS

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 

Letter of Understanding signed 03/01/01

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 Carrier’s 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.

(NOTE: This agreement only deals with the transfer of employees as engineers and, in connection therewith, the effect on those employees’ seniority as engineers- When an employee transfers under this agreement, the effect, if any, on the employee’s seniority in any other crafts or classes would be governed by the collective bargaining agreements covering those crafts or classes.)

(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?”

ANSWER: Individuals desiring transfer under this agreement should make a request, in writing, to the Regional General Manager with copies to the local supervisor (trainmaster or manager operating practice) and the Local Chairman

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?”

ANSWER: No. Not as a result of this agreement. The agreement provides 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 ranking thereon.

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?”

ANSWER: In effect you both would have a November 1, 1990 seniority date on the new district and would be ranked in order according to the earliest seniority date as engineer with BN. If that original engineer seniority date was the same for both, you would then be ranked pursuant to section 3(d), i.e., “...according to the earliest date of hire with the company (continuous employment),” the employee with the earliest date of hire ranked first among those with the same dates.

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?”

ANSWER: You should be ranked in the same respective order as you were ranked on your former (original) seniority district.

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?

ANSWER: The phrase “same seniority date” as used in 3(d) refers to the original seniority date as engineer. It does not refer, here, to November 1, 1990.

6. Section 3(a) notes if I am working as an engineer on a new district and get cut off to where I can’t hold an engineer’s 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 brakeman’s date on a new district when cut off as an engineer depending on need of Brakeman in the new district?

ANSWER: This agreement provides that every engineer establishing seniority prior to November 1, 1990 will have a November 1, 1990 seniority date as engineer on all other seniority districts. UTU agreements 8/28/87 OPS 8-87, 8/28/87-OPS 9-87, and the October 31, 1985 UTU National Agreement Article XIII provide:

“(2) On or after November 1, 1985, any person establishing seniority in engine service without first establishing seniority as trainman will establish a seniority date as trainman on the date he or she established seniority in engine service.”

Given the above, it would be my position that you would have a trainman seniority date of November 1, 1990 on any new district. If you were unable to hold any position as engineer on the new district you would be able to exercise trainman seniority on such new district in accordance with trainman schedule rules applicable in that 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) ?

ANSWER: If after transferring to a new seniority district you are cut off as engineer you can only transfer under Section 1 of this agreement if unable to hold any positions in train, yard or engine service on that new district. Transfer under Section 1 would be permissible only if able to hold service as engineer in the new district immediately upon the transfer with your November 1, 1990 engineer seniority date. If, however, the transfer was back to your original seniority district your original seniority date as engineer would govern ranking on the engineer roster.

If the transfer is by privilege (section 2) the same would apply with regard to your ranking on the roster at the district to which transferred. Regarding your seniority as Fireman, Conductor, Brakeman, Yardman, however, UTU agreements apply. I am not aware of any provisions in UTU agreements which would allow retention of any existing rights in those crafts if you transfer as engineer. See Note under 3(a) of the agreement.

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?

ANSWER: Nothing in this agreement changes or affects any existing provision for return from furlough or demotion.

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. I’m referring to when I might have to drive 600 miles or more between districts.

ANSWER: This agreement would not allow one to revert to his/her former (original) district or be subject to recall to the original district, or any other district except by transfer, either by right or privilege pursuant to (Section 1 or 2)

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?”

ANSWER: Yes.

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?”

ANSWER: Under existing agreements, vacation qualification dates from your original continuous service date with the company. This agreement does not change that.

12. will I retain my Fireman rights upon transfer to the new Seniority district?

ANSWER: Fireman rights are governed by UTU agreements. I’m not aware of any agreement which would allow retention of such fireman rights or seniority.

13. Can I transfer back to my home district if I want to with my original seniority?

ANSWER: Yes, if the conditions of the agreement are met.

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 engineer’s on that district? Would I have to get the company s approval? Who should I contact for this transfer?

ANSWER: Yes, under Section I if you could hold service as engineer immediately upon transfer to the new district. If you elect transfer under Section 2, such transfer is subject to carrier’s approval. See answer to your question 1 for persons/officers to contact.

15. What are the different effects of a transfer less than 90 days and one over 90 days?

ANSWER: Transfers of 90 days or less are not covered by this Agreement (11-1-90).

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.?

ANSWER: No, not in accordance with this agreement as it contains no provisions for forcing engineers. Instances involving discipline are to be handled in accordance with existing discipline rules.

17. Will I be working at full wage on the new district as I am now in my home district?

ANSWER: Yes.

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?”

ANSWER: No. Please see understanding attached for full explanation.