March28, 2001 File:

7:00 a.m.
Mark-up Agreement

ALL LOCAL CHAIRMEN
BNSF NORTLINES (FORMER
CB&Q, GN, NP AND SP&S)

Dear Sirs and Brothers:

Enclosed for your review and determination is a proposed agreement which modifies existing rules relative to beginning and ending times of scheduled vacation periods of seven days duration or more for engineers in unassigned pool freight service and road or combination road/yard extra boards.

The genesis of this agreement came from the National Work/Rest Guidelines and Principles. All this agreement does is move the clock when going into vacation and when returning from vacation. Instead of going on vacation at 12:01 am on the first day of vacation, an engineer would begin vacation at 7:00 am on the first day of vacation. Further, at the end of a vacation period of seven days or more an engineer assigned to the service noted above would return to service at 6:59 am on the day following vacation.

The premise of this agreement is to make sure that an engineer has had a full nights sleep before returning to work. An engineer would no longer have to be concerned about receiving a call for service just after midnight on the day of his/her return from vacation. Those engineers assigned to a guaranteed extra board will not be penalized (guarantee reduced) account of the provisions of this agreement.

This office is aware that certain locations have local agreements which allow an engineer to mark up early on the last day of vacation in order to not lose time. This agreement will still allow those locations the ability to have engineers mark up early, they would just have to mark up at 7:00 am on the last day of vacation (Section 5).

This agreement will not modify present provisions regarding the beginning and ending of vacations for engineers in assigned service.

Therefore, in accordance with Section 43(b) — STANDING RULES of the CONSTITUTION AND BYLAWS of the INTERNATIONAL DIVISION, it is requested that the enclosed be discussed and acted upon at the next regular (or special) meeting of your division. Please indicate on the enclosed ballot if you are “FOR” or “AGAINST” the proposal.

Your ballot must be returned to this office on or before May 14, 2001.

 

cc: J.H. Nelson, Sec./Treasurer

 


7 AM Vacation Mark-up Agreement

Memorandum of Agreement
between
The Burlington Northern and Santa Fe Railroad
and
The Brotherhood of Locomotive Engineers

Pursuant to the National Work/Rest Guidelines and Principles, The Brotherhood of Locomotive Engineers (BLE) and The Burlington Northern Santa Ft Railroad (BNSF) have agreed to modify existing rules relative to beginning and ending times of scheduled vacation periods of seven days duration or more for employees in unassigned pool freight service and road or combination road/yard extra boards as follows:

1. Effective January 1, 2001, for scheduled vacation periods of seven days or more duration, such vacation period shall begin at 7:00 a.m. on the first day of the vacation period, and such vacation period shall end at 6:59 a.m. on the first day following the vacation period. (6:30 a.m. -for—employees on road/yard extra boards to be available to protect 6:30 a.m. yard assignments). Such employee will stand for service for any assignment with an on-duty time at or after 7:00 a.m. on the first day following the vacation period. Times herein are based on local railroad time for the involved location.

Example: A vacation period scheduled for Monday, January 1, through Sunday, January 7, 2001, will actually begin at 7:00 a.m. on Monday, January 1, and end at 6:59 a.m. on Monday, January 8,2001.

2. An employee who extends a vacation of seven days or more for any reason will extend the 7:00 a.m. markup to the first 7:00 a.m. following the layoff. In other words, if an employee marks off the day following his vacation, he will be required to mark up at 7:00 a.m. the following day.

3. An employee who begins a vacation period while assigned to a guaranteed extra board covered by this agreement, and who reports for service at or before 7:00 a.m. on the day following the last day of compensated leave will have his guarantee calculated as tough he had returned at midnight on the last day of authorized leave.

Example 1: An employee on a engineers’ guaranteed extra board takes a week’s vacation January 1 through January 7. 2001. and adds two persona] leave days January 8 and 9. 2001. He contacts the crew caller at 10:00 p.m. on January 9. 2001, reporting himself available for service. That engineer will be marked to the extra board at 7:00 a.m., January 10, 2001, and may be called for any assignment (for which he properly stands) with an on-duty time at or after 7:00 a.m. January 10, 2001. In computing his extra board guarantee, he will be treated as though he had returned at midnight, January 9, 2001. Thus, he will be eligible for guarantee compensation for January 10, 2001.

Example 2: The employee described above extends his vacation period by approved, uncompensated layoff on January 8 and 9, 2001. The employee contacts the crew caller at 10:00 p.m. on January 9, reporting himself available for service. That engineer will be marked to the extra board at 7:00 a.m. on January 10, 2001, and may be called for any assignment (for which he properly stands) with an on-duty time at or after 7:00 a.m., January 10, 2001. In computing his extra board guarantee, he will not be eligible for guarantee compensation on January 8 or 9, but will be eligible for guarantee compensation on January 10, 2001. 

4. An employee subject to this agreement who is displaced while on vacation will not suffer a loss of guarantee for the day of markup as a result of being unavailable for service prior to 6:30 a.m. when he returns to service and places to a combination road/yard or a yard guaranteed extra board

5. Where local agreements permit an unassigned pool freight employee to mark up before the end of his vacation period in order to avoid losing time from his assignment, that employee will continue to be allowed to do so, and he will be marked up at the first 7:00 a.m. after he reports.

6. This Agreement will become effective when necessary programming has been completed, and the Carrier will advise the General Chairman in writing of the effective date.

7. This Agreement modifies existing agreements only to the extent set forth herein, and all other schedule rules and agreements remain in effect.

This Agreement may be cancelled by mutual agreement between the parties during the first 60 days after implementation. Thereafter, this Agreement may be cancelled by either party serving at least ten (10) days’ written notice on the other party. 

Signed this day of __________________. 2001.

For The Brotherhood of Locomotive Engineers:

__________________________
General Chairman 

For The Burlington Northern Santa Fe: 

___________________________
Vice President Labor Relations