MEMORANDUM OF AGREEMENT
between
BURLINGTON NORTHERN INC.
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS

Pending the conclusion of our negotiations for a single engineers' schedule agreement to apply throughout Burlington Northern Inc., the following provisions are agreed to in order to establish a uniform time limits rule:

(a) This rule does not apply to requests for reinstatement without pay in discipline cases.

(b) Failure to comply with the time limits specified in this rule will not set a precedent or waiver of the contentions of either party as to future application of rules regarding similar or identical claims. When U.S. mail is used the postmark date will apply.

(c) All claims must be filed in writing by or on behalf of the engineer or engineers with the officer of the Carrier authorized to receive same within sixty days from the date of the occurrence on which the claim is based. The date of occurrence in discipline cases is the date the notification of discipline is received. Claims not allowed must be declined by Carrier to the individual engineer or his representative, whoever presented the claim, by notice in writing within sixty days from date same is filed, giving the reason for such disallowance. If not so notified the claim shall be allowed.

(d) If claim is to be appealed, such appeal must be submitted in writing by the Local Chairman to the Superintendent within sixty days from the date of receipt of notice of disallowance from the Carrier. Failing to Comply with this provision the claim will be barred. If such appeal is to be declined the Superintendent will have sixty days from date of receipt of such appeal to do so and if not declined to the appellant in writing within that period the claim shall be allowed. Claims initiated by a Local Chairman will not be appealed under this paragraph (d) but may be progressed by the General Chairman under paragraphs (g), (h) and (i) of this rule, whichever is appropriate.

(e) This rule recognizes the right of representatives of the organization signatory hereto, to file and pursue claims for and on behalf of employees they represent.

(f) It is further recognized that both the General Chairman and the Carrier's highest appeal officer are free to amend the respective positions taken by their local representatives in respect to the basis on which a claim is initially premised or declined during its handling on the local level so as to be consistent with their respective positions concerning the meaning and application of the involved rules of the contract.

(g) If a claim involving discipline is to be appealed, it will be submitted to the highest designated officer of the Region involved, within sixty days from date of receipt of Superintendent's declination, or the claim will be barred. If such appeal is to be declined, the highest designated officer of the Region involved will have sixty days from date of receipt of such appeal to do so, and if not declined to the appellant in writing within that period the claim shall be allowed.

(h) If a claim involving discipline is to be further appealed, it will be submitted by the General Chairman to the highest designated officer of the Carrier within ninety days from date of receipt of highest designated officer of the Region's declination, or the claim will be barred. If such appeal is to be declined, the highest designated officer will have ninety days from date of receipt of such appeal to do so, and if not declined to the appellant in writing within that period the claim shall be allowed.

(i) If claim involving other than discipline is to be appealed, it will be submitted to the highest designated officer of the Carrier by the General Chairman within ninety days from date of receipt of Superintendent's declination as outlined in paragraph (d) of this rule or the claim will be barred. If such appeal is to be declined, the highest designated officer will have ninety days from date of receipt of such appeal to do so, and if not declined to the appellant in writing within that period the claim will be allowed.

(j) The decision of the highest designated officer will be binding unless within one year from date of said officer's written decision proceedings are instituted by the employee or his representative before a tribunal having jurisdiction to dispose of said claim. Under these circumstances failure to institute such proceedings will not set a precedent in any way for disposition of other similar claims.

(k) Time limits as stated in this agreement may be extended for any case by mutual agreement between the parties.

This agreement cancels Labor Agreement BN 3/14/78, will become effective June 1, 1979, and will apply to all claims arising out of incidents, trips or tours of duty on or after that date, and will remain in effect until superseded by the new BLE-BN schedule.

Signed at St. Paul, Minnesota, this 20th day of April 1979.

For BROTHERHOOD OF LOCOMOTIVE ENGINEERS

General Chairman
W. M. Dunagan

FOR BURLINGTON NORTHERN INC.
Vice President - Labor Relations
A. E. Eglres

SIGNATURES NOT REPRODUCED