MEMORANDUM OF AGREEMENT
The intent of this agreement is to create locomotive engineer "Mentors" at locations where the BNSF General Manager and the BLET Division holding jurisdiction at that location have agreed to assign engineer Mentors. These mentors may provide a variety of services to both parties by allowing selected engineer mentors to facilitate training, trouble shooting, applications involving train handling, familiarization of territory, locomotive equipment and new technologies.
Article 1. - Selection
Article 2.- Compensation
Article 3 .-Duties
Article 4. - Savings Clause
Dear Mr. Pierce:
This is in reference to our proposed agreement establishing engineer mentors. It is understood that in certain applications, BNSF may request that engineer mentors be assigned on an operating Division basis, rather than on the location specific basis described in our Agreement.
In the event a General Manager desires to assign engineer mentors to cover more territory than is included in a single BLET Local Chairmen's jurisdiction, the General Manager (or his designee) will meet with each BLET Local Chairman (or his designee) having jurisdiction for the territories to be included in the assignment. Where the involved BLET Local Chairmen mutually agree to establish mentors in this fashion, "Division" mentors will then be assigned to work only in territories under the jurisdiction of those BLET Local Chairmen who have so agreed.
In the selection of these "Division" mentors, those BLET Local Chairmen who have agreed to establish Division mentors will provide the Carrier with the names of the engineers jointly selected by the BLET to fill the required positions. In the event the BLET Local Chairmen are unable to concur on the BLET "Division" selection, or if the Carrier takes exception to the BLET "Division" selection, the dispute resolution process in Article 1 of the Agreement will govern. If the involved territory falls under the jurisdiction of more than one BLET General Chairmen, all affected and participating BLET General Chairmen will be afforded the opportunity to participate in the process described in Article 1, (c).
Dear Mr. Pierce:
This is in reference to our proposed agreement establishing engineer mentors. During our discussions, we agreed that engineer mentors will be expected to comply with the operating rules, safety rules and mechanical book of instructions while performing any duty and/or function required of an engineer.
It was further agreed that if an incident occurs during a tour of duty with another engineer operating the engine, the engineer mentor will not be held out of service nor 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. An 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 BNSF's opinion, a hazard to the public, BNSF, its employees or equipment. If the incident occurs while the regular engineer is operating the engine results in a formal investigation, the degree of responsibility of the engineer mentor will be carefully weighed in light of the performance and compliance with the above criteria as developed in the record of the investigation.
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 the agreement and FRA regulations which may arise, the requirement of the regulations will govern.
Dear Mr. Pierce:
This is in reference to our recent agreement establishing engineer mentors. It was understood today in conference that where local parties agree, engineer mentors may be established consistent wit11 the conditions of our mentor agreement on a "less than full time" basis. Those engineers working as engineer mentors in this part time capacity will be compensated on a make whole basis for all time away from their permanent assignment due to their service as mentors. This make whole compensation for mentor service will also be utilized in the calculation of time spent towards earning all fringe benefits, including but not limited to protective benefits, vacation, personal leave days, health and welfare benefits. In addition, all time spent away from their permanent assignments as mentors will be considered as "on duty time" in the calculation of any BNSF TY&E attendance policy.