Dear Sirs and Brothers:
Attached you will find a recent settlement wherein "Short Turn Around Service" was removed from the Edgemont end of the Edgemont Pool and delegated to the Edgemont Extra board. We had advised by previous circulars that BNSF was agreeable to removing short service from pools at locations where an extra board was available to perform the service without otherwise affecting the trip rate. Our BLET Divisions at Wishram and Edgemont both asked to remove short service from their pools at the home terminals and we now completed settlements for both of those requests. We are providing copy for your information and files.
CC: Don Hahs; BLET National President
This is in reference to our ongoing discussions with Labor Relation's Staff concerning implementation of trip rates. Specifically, this is in reference to the concerns expressed by the Organization concerning the Carrier's initial inclusion of monies earned during the 2001 test period in certain pools which included utilization of engineers that was clearly not permissible and/or not in accordance with the working schedule for the involved pools. For example, the use of ID pool crews used in short service. We agreed that these monies would be withdrawn from the 2001 test period calculations (or the substitute test period or comparable pool that may have been used) and a new trip rate would be figured absent these monies. Accordingly, if non permissible events, or events that are not in accordance with the working schedules of the involved pools, occur after trip rate implementation, the involved employees will be compensated as they were prior to the implementation of trip rates.
It was further understood that where permissible, an engineer used to perform hours of service relief/shuttle service for one or more trains out of away from home terminal who is then tied up at the away form home terminal or who is then deadheaded home without being released at the lodging facility will be allowed a single trip rate with overtime after 8 hours on duty including the deadhead time regardless of miles operated. The overtime extender is still applicable in addition to the 8 hours on duty, this without prejudice to either parties position on overtime extenders. An engineer used for hours of service relief/shuttle at the away from home terminal and then taken to the lodging facility will be allowed the trip rate and overtime payment referenced herein and then a second trip rate for subsequent service, work or deadhead.
For pool where hours of service relief/shuttle service is permissible at the home terminal engineer used to perform hours of service relief/shuttle service for one or more trains out of the home terminal who are then tied up at the home terminal will be allowed a single trip rate with overtime after 8 hours on duty regardless of miles operated. The overtime extender is still applicable in addition to the 8 hours on duty, without prejudice to either parties position on overtime extenders.
The following understanding was also reached in connection with extra boards engineers and pool engineers where trip rate are not in effect who are called to perform short turn service, and, during their tour of duty, are required to perform such exclusively within the switching limits of their initial terminal when the previous crew has expired under the Hours of Service Law.
It is understood that an extra board engineer or pool engineer where there are no trip rates called in short turn around service are permitted to complete the work of a road train whose crew has expired under the Hours of Service Law that is entirely within switching limits. This contemplates that the relieving crew merely completes the work that would have normally been completed by the former road crew, and in no way permits them to perform work that would normally have been completed by the yard crews. A train that is entirely within switching limits will not he considered as having expired under the Hours of Service Law unless its crew is fully relieved within two hours of expiring under the hours.
It is understood in the application of the paragraph above that engineers placed on "hours of service relief" trains within switching limits of their initial terminal and used as so described will not be considered to have "departed" the terminal for application of the 8 hour restriction found in the various Short Turn Around Service Rules.
It was also understood during our conference that on the properties represented by this Committee, all extra hoard engineers and pool engineers where trip rate are not in effect who are used to make multiple departures in "dog catch service", "Hours of Service Relief", or to shuttle multiple trains into and out of their initial terminal will be paid under the Short Turn Around Service Rules found in the former CB&Q, GN, NP and SP&S Schedules. Other than as described in the paragraphs above, Rule 32-b)-CB&Q, Rule 13(c)-GN, Rule 23-NP and Rule 14-SPS will continue to be applied to all extra board engineers and pool engineers where trip rates are not in effect who are used to make multiple departures for the purposes described in this paragraph.
If this reflects your understanding of our discussions, please indicate so by signing below.
This is in response to our recent discussions regarding trip rated pools that, by agreement, are currently used to perform turn around service and/or hours of service relief at the home and/or away from home terminals. During our discussions it was understood that at locations where the Organization requests, this service will be removed from any of the involved pools at the home terminal and delegated to the appropriate engineer's extra board. Engineers called accordingly for this service from the involved extra hoards will be compensated according to Letter of Understanding dated March 28, 2005 and existing Schedule Rules and Agreements pertaining to non-trip rate service on former CB&Q, GN, NP and SPS properties.
It was further agreed that any "2B" monies that may have been generated by the pool during the trip rate measurement period will remain in the trip rate calculation. Therefore, the trip rate will remain unchanged as a result of this service being moved from the pool to thc engineer's extra board.
Our discussions also focused on Edgemont board 101 protecting service between Edgemont and Gillette and Gillette and Edgemont. With regard to our understanding it is agreed that all hours of service relief and turn around service called at the home terminal of Edgemont to operate short of the distant terminal, Gillette, returning to and going off duty at Edgemont, shall be removed from the Edgemont/Gillette freight pool (board EDG101). This service will be protected by the Edgemont. engineer's extra board until such time as the Organization requests that the pool once again protect this service. All other service currently delegated to the pool will remain unchanged.
This Understanding will become effective on October 15, 2006 and application will begin no later than the first board change day following October 15, 2006 unless agreed to earlier by the BELT Local Chairman and Local Carrier Officers. At that time the BLET Local Chairman and Local Carrier Officers may agree to make an immediate adjustment to the number of engineers assigned to the pool and engineer's extra board to reflect the projected changes in pool mileage regulation.
If this accurately reflects your understanding of our discussion, please indicate so by signing below.
Dear Mr. Pierce
This is in reference to our conference on February 1, 2007 wherein we discussed application of
As all engineers paid to perform turn around service in a trip rated pool at the home terminal or
This understanding will be applicable going forward and to all similar and analogous claims