MEMORANDUM OF AGREEMENT
IT IS UNDERSTOOD:
1. Memorandum of Agreement EN 4/20/79 between Burlington Northern and
Brotherhood or Locomotive Engineers for handling Claims and Grievances at the
local level is amended only to the extent provided herein, all other provision remain
in effect and will be otherwise handled as set forth herein; (a) the claim must be
submitted within 60 days from the date of the occurrence and (b) the Carrier must
decline or pay within 60 days of the claim being filed.
2, When a claim has been properly declined by the Cattier pursuant to Section (c), it is
understood that the Local Chairman will no longer appeal a claim to Comp System
(currently George Wong), but, (a) the claim must be discussed in conference with the
designated Local Carrier Officer and, (b) if declined, the General Chairman must
within 180 days of the Carrier’s original decline, docket the claims for conference
with Labor Relations.
3. The General Chairman and Labor Relations will discuss those claims in conference, If the claim cannot be resolved, the General Chairman must formally appeal the
claim within 120 days after the date of conference.
4. If the claim involves an issue that has already been identified by the General
Chairman with Labor Relations as a lead case, those claims do not need to be
conference by the Local Chairman but can be automatically sent to the General
Chairman who will list as held in abeyance of the identified lead case. For example,
the claims for GN Yard engine inspection could be listed as held in abeyance.
5. Prior to listing ongoing claims to a lead case, the General Chairman will advise the
highest designated officer of the Carrier in writing of its intention to identify the issue
as a lead case that similar and analogous claims will be tied to it.
6. Any so called letter claims or those claims not associated with a BNSF Ticket
Number will be handled according to the applicable Agreement as in the past.
This understanding is to become effective March 1, 2009 and may be cancelled by either party serving a 25 day’s written notice on the other party.
Side Letter 1
Should the local parties be unable to resolve any dispute rising from the interpretation or application of this agreement, it will be referred to the General Chairman's office and Labor Relations for resolution.