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MEMORANDUM OF AGREEMENT
between
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Pursuant to the Carrier’s notice dated March 2, 2000, and in accordance with Article IX
of BLE Arbitration Award 458 dated May 19, 1986, the parties agree that
inter-seniority district service may be established between Willmar, Minnesota, and Superior, Wisconsin
(Duluth, Minnesota). The following conditions will apply:
Section 1.
A pool of engineers may be established and maintained at the above cited terminals to
handle inter-divisional service in this corridor. These inter-seniority district pools will
protect all inter-divisional freight service, as designated by the BNSF, in each direction.
The operation of these pools will be as follows:
a. At each terminal, a board having an “active” and “inactive” list will be
maintained.
b. The active list at each terminal will be the list from which engineers will be
called, in turn, to work or deadhead to the other terminal (except as otherwise
provided herein).
c. The inactive list will be a list of engineers who are at their home terminal but
who have not been advanced to the active list.
d. Each engineer arriving at the home terminal
will be placed at the bottom of the inactive list except when entitled to “restoration of turn” or when
“bypassed” by another engineer who is entitled to “restoration of turn.” When
an engineer arrives at a terminal “out of turn,” the engineer must
immediately advise the caller, in writing, and will then be marked up on the active or
inactive list in the proper place.
e. Except when an engineer arrives “out of turn,” each engineer arriving at the
away-from-home terminal will be placed at the bottom of the active list.
f. The maximum number of engineers (i.e., “quota”) on the inactive list at each
terminal will be determined by the Superintendent or designated Carrier
Officer. It is recognized that if the designated Carrier Officer fails to
maintain the proper equalization of work under this section, upon demand of
the designated Local Chairman the proper adjustment will be made in order
to assure the agreement is properly applied. This quota may be different at
each terminal.
g. When an engineer ties up at the home terminal (except when
arriving “out of turn”) and adding this engineer to the inactive list causes that list to exceed its
current quota, the first-out engineer on the inactive list will immediately be
moved to the bottom of the active list. If an engineer arrives at the home
terminal “out of turn,” the engineer will be marked up in accordance with
paragraph (d, above) as soon as the proper order of markup can be determined.
Section 2.
a. Engineers will be called first-in, first-out from the active list at each terminal
provided that the first-out engineer has had full rest under the Hours of
Service Act. If possible and when no other trains would be delayed thereby,
the first-out engineer’s call may be held up for as long as 30 minutes so that
he may obtain full rest and depart in his proper standing.
If the first-out
engineer does not have full rest, the next following engineer who is
fully rested will be used. If there are no engineers available with full rest on the
active list, then the first-out engineer from the inactive list with full rest will
be called. Should there be no engineers on either the active or inactive lists
who are fully rested, then an extra engineer may be called at the home
terminal to operate for one round trip. The use of engineers as described in
this paragraph will not be construed as runarounds.
b. Active boards will be adjusted at each terminal by the Crew Manager.
Written notice of adjustments made (if no adjustments are needed, state same)
will be forwarded in a timely fashion to the Crew Callers, Local Chairman,
and Lodging Facilities. These adjustments will be made no earlier than 0600
AM and no further adjustments after 0900 AM. Engineers may be subject to
call in advance of said pool adjustments, subject to normal calling procedures.
(1) Each engineer will only be subject to deadhead one (1) time in a
calendar month, unless all active engineers have received one deadhead.
No time claims will be honored for runarounds in such instances.
(2) Engineers will establish their board position at their away-from-home
terminal in the order that they were called at their home terminal. Engineers not rested at their away-from-home terminal will be run-
around for rest.
(3) The Crew Manager will be allowed the flexibility to reposition away-from-home terminal engineers around home terminal engineers for the
purpose of avoiding excessive held-away-from home terminal delay payments. No time claims will be honored in such instances. This item
will not be utilized for the purpose of regulating mileage equity.
(4) The Crew Manager, with the concurrence of the Local Chairman, or his
designated representative involved, will be allowed the flexibility to
reposition home terminal engineers around away-from-home terminal engineers for the purpose of maintaining proper crew balance at both
terminals. Said repositioning can be in a block or alternating sequence.
This item will not be utilized for the purpose of regulating mileage
equity.
c. Engineers operating in this interdivisional service, who are not called in turn
for this service, will be allowed one basic day at the unassigned less than 100-mile through-freight rate for each time they are runaround, except as
otherwise provided herein. Engineers runaround shall retain their position on
the board.
d. Engineers assigned to this interdivisional service will not be entitled to
runaround payments based on departure from the initial terminal.
Section 3.
a. When two
pool engineers are to be called for the same train (one to work and
one to deadhead), if one of the engineers is not rested, and the other one is
rested, the rested engineer will work the train and the non-rested engineer will
deadhead. Otherwise, applicable schedule rules will apply.
b. Long pool engineers may be called to “deadhead out of turn” from their away-
from-home terminal at any time regardless of their standing in relation to at-
home engineers, except they must be called first-in/first-out in relation to
other long pool engineers with the same home terminal.
Section 4.
The total number of engineers in this pool will be regulated on the basis of assigning a
sufficient number of engineers, so as to provide mileage as close as possible within the
range of 3,500 to 3,900 miles, or as agreed upon locally, by designated Carrier Officer
and the affected Local Chairmen. Indexing of miles will be permitted when there are
increases in the basic day for mileage regulation.
Section 5.
a. Except in case of emergency (emergency meaning conditions such as acts of God,
wrecks, washouts, floods and fires which interfere with the operation of trains),
engineers assigned to work in this service will not be used for short service between
the established terminals. Short turnaround service, short trips to intermediate points,
and work train or wrecker service will be provided by the extra list which would
usually provide the service, when available, subject to the Carrier’s continued right,
under the provisions of National Agreements or Awards, to use other road crews or
yard crews to perform such work.
b. All necessary relief work as a result of the Hours of Service Law will be manned by
extra list engineers, called from the final terminal of the train, or by intraseniority
district crews called from the initial terminal, subject to the Carrier’s continued right,
under the provisions of National Agreements or Awards, to use other road crews or
yard crews to perform this work.
c. Nothing contained in this agreement is intended to prohibit these pool crews from
being used on trains that traverse only a part of the specified pool territory provided
crews are then transported forward to the opposite terminal or paid as though they had
been. Likewise, nothing in this agreement is intended to prohibit these pool crews
and other crews from combining trains or exchanging trains in this interseniority
district service, with other trains that are destined for the same terminal.
d. Long pool engineers called in this interseniority district service will not be tied up
between designated terminals of their runs or turned back to the initial terminal,
except when their movement is prevented (e.g., derailment of their train), or when the
route to destination is obstructed (e.g., wrecks, washouts). Engineers returned to their
initial terminal for such reasons, shall be paid continuous miles for the one-way trip,
(but not less than the one-way mileage, via the called route), and the crew shall be
restored to first-out position (available after rest).
Section 6.
a. Engineers working in this pool service will have a fixed point for going on and off
duty. The point for going on duty will be the same point for going off duty. This
fixed point may be changed by the Carrier by giving ten days written notice to the
Local Chairman.
b. When an engineer is required to report for duty or is relieved from duty at a point
other than the on and off-duty point fixed for the service established hereunder, the
Carrier shall authorize and provide suitable transportation for the engineer.
NOTE: Suitable transportation includes transportation by train, plane, earner-owned or provided passenger-carrying motor vehicle, or taxi.
Section 7.
a. Engineers working in this interseniority district service shall be paid at the rate
applicable for the mileage encompassed in a basic day, as outlined in Article I of the
June 1, 1996 BLE National Agreement. All miles run in excess of the miles
encompassed in a basic day shall be paid for at a pro rata rate provided in Article IX,
Section 2(b) of Arbitration Award 458, as amended by Article I, Section 8 of the June
1, 1996 National Agreement. Employees deadheading in this service will be
compensated as provided in Article VI of Arbitration Award 458.
b. The mileage on this interseniority district service is as follows:
Superior/Duluth to Minneapolis is 142. 9 miles;
Minneapolis to Willmar is 94.1 miles;
Total 237.0 miles.
Section 8.
a. Suitable lodging (as defined in
BN Labor Agreement 8/1/80) shall be provided for
engineers who are at their assignment’s away-from-home terminal. When the lodging
is ¼ mile or more from the on and off-duty point, the Carrier will provide suitable
transportation in both directions. If transportation is not available within 30 minutes
following the time the engineer is released from duty, the engineer will be paid on a
minute basis at the pro rata rate of the last service (or deadheading) performed, for all
time in excess of 30 minutes, until transportation is provided. If rooms are not
available when an engineer arrives at the lodging facility where rooms
are to be obtained, the engineer will be paid on a minute basis, at the pro rata rate of the last
service (or deadheading) performed, for all time in excess of 30 minutes until a room
is available or he commences duty or deadhead, whichever occurs first.
b. At the away-from-home terminal, when the nearest acceptable restaurant facility is ¼ mile or more from the designated lodging facility, the Cater will provide
transportation to and from the restaurant and lodging facility so that engineers may
obtain a meal upon arrival and a meal prior to departure each trip.
c. Engineers who are performing this long pool service will be allowed payment for
meals at the away-from-home terminal in accordance with national agreement
provisions, except that if held 28 hours or more they will be allowed an additional
meal allowance.
Section 9.
a. Engineers assigned in this pool service will be permitted to lay off, but cannot
subsequently mark up, at the away-from-home terminal in cases of sickness or other
personal emergency.
b. If a pool engineer lays off account of sickness or other personal emergency at the
away-from-home terminal, an extra employee, headquartered at the away-from-home
terminal will be used, and will be deadheaded back, upon arrival at opposite terminal.
Section 10.
Disciplinary hearings or investigations involving engineers will be held at their home
terminal, except when the majority of the witnesses who are to be called live elsewhere.
If the investigation is held at a location other than the home terminal, engineers will be
paid travel tine and time consumed by the investigation on a minute basis at the pro rain
rate of pay which they received for the last service performed unless it is established in
the investigation that the engineer was guilty of a rules violation which results in
disciplinary action. Should an engineer lose a full round trip as a result of attending an
investigation which does not establish a rule violation, which results in disciplinary
action, he will be compensated the equivalent of the earnings of the engineer who
relieved him. Should an engineer be tied up at the location where the investigation is
held the provisions of Article II (Expenses Away From Home) of the June 25, 1964
Agreement, as amended, will apply. Transportation to and from investigations held at
other than home terminal will be provided by the Carrier. Travel to attend investigations
will not be subject to payment under any rules applicable to “deadheading.”
Section 11.
a. Engineers will be furnished lockers and adequate washroom facilities at the away-from-home terminal in the immediate vicinity of the on/off-duty location (or
transportation to and from the facility will be provided, if not in the vicinity).
Minimum size of lockers will be 21” x 18” x 72”.
b. The following items on engines used in this interseniority district service will
be maintained in proper condition:
(1) Cab heaters
(2) Cab weather stripping
(3) Windshield and Wiper
(4) Drinking water
(5) Toilet facilities
(6) Working radio
(7) Working speed recorder
Engineers will report defects of items listed above on proper form supplied for such
purpose. Notation by engineers of defects will contain sufficient detail to enable
prompt identification and correction of such defects.
Section 12.
Engineers who are required to deadhead over the expanded district under the provisions
of this agreement, will be provided with reasonable comfort while so deadheading.
Whenever an engineer is required to deadhead on a freight train, comfortable seating for
both the working crew of the train and the engineer being deadheaded will be provided.
Section 13.
Except as specifically provided herein, nothing contained herein shall be construed as
modifying, amending or superseding any of the provision of agreements or schedule
rules, or the Merger Protective Agreements as implemented between the
Carrier and the Brotherhood of Locomotive Engineers. This agreement shall be effective on the date
signed and shall remain in effect until modified or changed in accordance with the
provisions of the Railway Labor Act, as amended.
Signed at Fort Worth, Texas, this _____________ day of_____________________ 2000. |