BN OPS 92-02
MEMORANDUM OF AGREEMENT
Between
BURLINGTON NORTHERN RAILROAD COMPANY
And The
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
SUBJECT: Locomotive Engineer Trainers
IT IS HEREBY AGREED:
Article I - Selection of Engineer Trainers
Section 1. Upon the effective date of this
agreement, the BLE will provide the Carrier with a list of local BLE
officials to contact in connection with the selection of engineer
trainers. These local BLE officials will provide the designated
Carrier officers with a list of engineers, who are willing to act as
engineer trainers, working at each location where the Carrier intends
to train trainees. After consulting with the designated BLE officer,
the Carrier will select engineer trainers at a given location from the
list provided by the BLE or from other engineer volunteers working at
the location. The local BLE officials will update this list from time
to time, as necessary.
Section 2. If there are not sufficient
engineers on the list provided by the BLE, together with other
volunteers, to meet the Carrier’s need for trainers at a given
location, the Carrier may designate additional engineers as trainers.
Before the Carrier makes such additional designations, a local Carrier
officer will meet with the designated local BLE officer to discuss the
selection and designation of additional engineer trainers.
Article II - Trainer Supplemental Pay
An engineer trainer working with a trainee, or, at the
direction of the Carrier, with another engineer for purposes of
maintaining the other engineer’s qualifications, will be paid for
the trip at daily and mileage rates that are 1.1 times the regular
basic daily rates and mileage rates. This premium rate will not apply
to duplicate time payments, including arbitraries and special
allowances that are expressed in time or miles or fixed amounts of
money.
(EXAMPLE: An engineer working with a trainee who makes
a through freight trip of less that the miles in a basic day, will be
paid for the basic day received for the trip at 1.1 times the
applicable daily rate. In other words, he will be paid a 10% premium
over and above the regular pay for the basic day.)
Letter listing what is included in the 10% payment (pdf)
Article III - Specialized Training and Duties
The Carrier may require specialized training for
engineers selected as engineer trainers, with pay for such specialized
training to be in accordance with the training agreement dated 11/1/91
(OPS 2-91). However this specialized training will not be covered by
the limitation in the training agreement on trains sessions per year.
Article IV - Engineer Trainer’s Responsibilities
Section 1. The engineer is expected to permit
the trainee to operate the engine and perform other functions of an
engineer while under his direction, to the degree and in the areas
where he feels the trainee has reached the level of competency to do
so.
Section 2. The engineer trainer will be
expected to comply with the operating rules, safety rules and
mechanical book of instructions and to require that the trainee does
likewise. The engineer trainer will not be held responsible for such
things as broken knuckles, damaged drawbars or rough handling when the
engine is operated by a trainee.
Section 3. If the trainee is actually operating
the engine, the engineer must call attention to any oversight or error
on the part of the trainee and, in cases where the situation warrants,
take immediate and positive action to see that the engine and train
handling is properly performed in accordance with the rules and safe
handling procedures. Particular attention must be given to observance
of such items as speed restrictions, signal aspects and other
conditions which would require immediate action to avoid serious
consequences. Further, at points where it is known that the speed of
the train must be reduced, such as but not limited to, meeting points,
an observance of a signal indicating reduced speed, slow orders, etc.,
the engineer trainer must place himself in close proximity to the
trainee in order that the trainer may take immediate action to correct
any oversight on the part of the trainee to properly control the
train.
Section 4. If an incident occurs while the
trainee is operating the engine, the engineer trainer will not be held
out of service or have his engineer certification suspended pending
investigation (either a disciplinary investigation held under the
terms of the collective bargaining agreement or a hearing under the
FRA regulations governing the certification of engineers) of the
alleged violation of the rules, except in serious cases where fault
seems apparent. By way of illustration but not limitation, “serious
cases” is intended to mean such matters as gross insubordination,
use of intoxicants, or where continuance in service would constitute,
in Carrier’s opinion, a hazard to the public, the Carrier, its
employees or equipment. If the incident occurring while the trainee is
operating the engine results in a formal investigation, the degree of
responsibility of the engineer trainer will be carefully weighed in
light of the performance and compliance with the above criteria as
developed in the record of the investigation.
(Note: The parties understand that the FRA
regulations concerning the qualification and certification of
locomotive engineers govern the initial certification of engineers
and the subsequent suspension or revocation of the certification,
and that in the case of any conflict between this agreement and the
regulations which may arise, the requirements of the regulations
govern.)
Section 5. Engineer trainers will be required
to complete progress, performance and evaluation reports on trainees
assigned to them, as may be directed. Incompetence, lack of judgment,
or other detrimental traits or attitudes on the part of the trainee
will be reported.
Article V - Relief from Working with Trainees
Trainers may, after working with trainees for six (6)
consecutive calendar months, request relief from training for a period
of up to sixty (60) consecutive calendar day. If there are sufficient
experienced trainers (trainer previously selected and used to train
trainees) available at a location to meet the Carrier’s needs,
trainers may request and be granted relief from training beyond the
sixty (60) consecutive calendar days provided in this Article.
Article VI - Effect of this Agreement
This Agreement supersedes all previous agreements,
practices or understandings regarding locomotive engineer trainers and
working with trainees.
Article VII - Effective Date
The effective date of this agreement is November 16,
1992.
This Agreement signed at Fort Worth, Texas, this 23rd
day of November, 1992.
For: BURLINGTON
NORTHERN
RAILROAD COMPANY
R.E. Cassidy
Asst. Vice President
Labor Relations |
For: BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
R.E. Dean
Vice President, BLE |
|