To qualify for personal
leave days in any given calendar year, the employee must have been
credited with at least 150 days for work during the preceding calendar
year, calculated on the saint basis as vacation qualifying days. Upon
qualification, the designated days will be automatically added to the
employee’s personal leave account for the next year.
During a calendar year in which an employee’s personal
leave day entitlement will increase on the anniversary date, such
employee will be allowed the additional personal leave days at any
time during that calendar year.
The employee will be paid one basic day at the rate
of the last service performed for each personal leave day.
Ungranted or unused personal leave days each year
will be accumulated and carried over to each succeeding year.
An employee may elect to receive payment for one or
more personal leave days in his account at any time.
If an employee resigns, retires, dies or is
dismissed from service, the number of personal leave days (accumulated
or earned) as of the date of leaving service will be payable to the
employee or his estate.
No employee covered by this Agreement shall receive
in the aggregate more than eleven (11) personal leave days and paid
holidays in any calendar year. On the former Santa Fe property only,
Article X (that deals with road engineers in unassigned pool freight
service) of the January 1,1990 Agreement is preserved.
ARTICLE II- DIRECT DEPOSIT OF PAYROLL CHECKS
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Each engineer shall participate in the program
providing for the direct deposit of payroll checks into the employee’s
bank account. This provision will become effective with a sixty-day
notice by the Carrier to the employees.
ARTICLE III- SAFETY FOOTWEAR FOR LOCOMOTIVE
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The minimum safety footwear standards for the
following former BN properties (Great Northern, Northern Pacific,
Spokane, Portland & Seattle, Chicago, Burlington & Quincy, and Saint
Louis San Francisco) are:
- Leather or leather-like upper.
- Sturdy non-leather sole that will resist puncture.
- 3/8 to 1 inch defined instep.
- Rounded toe.
- Above ankle (5 inch height as measured from inside boot).
- Chemical resistant.
- Lace-up.
- Minimum ANSIZ41-l -75 pound (100 pound in Canada) impact and
compression class toe.
ARTICLE IX - BASIC DAY ON CERTAIN HELPER CREWS
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Effective on July 1, 2003, the basic daily rates
based on weight on drivers for service on an engineer-only helper crew
will be increased by $16 subject to general wage increases. However,
for this service, overtime and or overmiles will be calculated based
on daily rates prior to this increase, ‘subject to general wage
increases and cost of living allowances.
ARTICLE X - BEREAVEMENT LEAVE
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In the application of existing bereavement leave
rules, grandchildren will be added to the specification of relatives
giving rise to eligibility for such payments.
ARTICLE XI- UNION SHOP
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This article replaces any union shop agreements or
agreement provisions currently in effect on the Carrier’s lines.
Section 1:
In accordance with and subject to the terms and
conditions hereinafter set forth, all employees of the Carrier now or
hereafter subject to the rules and working conditions agreements
between the parties hereto, except as hereinafter provided, shall, as
a condition of their continued employment subject to such agreements,
become members of the Organization, party to this Article representing
their craft or class within sixty calendar days of the date they first
perform compensated service as such employees after the effective date of this Article, and thereafter shall maintain
membership in such Organization; except that such membership shall not
be required of any individual until he has performed compensated
service on thirty days within a period of twelve consecutive calendar
months. Nothing in this Article shall alter, enlarge, or otherwise
change the coverage of the present or future miles and working
conditions agreements.
Section 2.
The requirements of membership provided for in
Section 1 of this Article shall be satisfied if any employee shall
hold or acquire membership in any one of the labor organizations
national in scope organized in accordance with the Railway Labor Act
and admitting to membership employees of a craft or class in train,
yard, engine or bostling service, that is, in any of the services or
capacities covered in Section 3, First (h), of the Railway Labor Act,
defining the jurisdictional scope of the First Division of the
National Railroad Adjustment Board, provided, however, that nothing
contained in this Article shall prevent any employee from changing
membership from one organization to another organization admitting to
membership employees of a craft or class in any of the services above
specified.
Section 3.
(a) Employees who retain
seniority under the rules and working conditions agreements governing
their class or craft and who are regularly assigned or transferred to
full time employment not covered by such agreements, or who, for a
period of thirty days or more are (1) furloughed on account of force
reduction, or (2) on leave of absence, or (3) absent on account of
sickness or disability, will not be required to maintain membership as
provided in Section 1 of this Article so long as they remain in such
other employment, or furloughed or absent as herein provided, but they
may do so at their option. Should such employees return to any service
covered by the said rules and working conditions agreements and
continue therein thirty calendar days or more, irrespective of the
number of days actually worked during that period, they shall, as a
condition of their continued employment subject to such agreements, be
required within thirty-five calendar days from date of their return to
such service to comply with the provisions of Sections 1 and 2 of this
Article.
(b) The seniority status
and rights of employees furloughed to serve in the Armed Forces or
granted leaves of absence to engage in studies under an educational
aid program sponsored by the Federal Government or a State Government
for the benefit of ex- servicemen shall not be terminated by reason of
any of the provisions of this Article but such employees shall, upon
resumption of employment, be considered as new employees for the
purposes of applying this Article.
(c) Employees who retain
seniority under the rules and working conditions agreements governing
their class or craft, and who, for reasons other than those specified
in paragraphs (a) and (b) of this Section, are not in service covered
by such agreements or leave such service, will not be
required to maintain membership as provided in Sections 1 and 2 of this Article as long as they are not in service covered by such
agreements, but they may do so at their option. Should such employees
return to any service covered by the said rules and working conditions
agreements they shall, as a condition of their continued employment,
be required, from the date of return to such service to take
membership in an organization specified in Section 1 or 2 of this
Article.
Section 4.
Nothing in this Article shall require an employee to
become or to remain a member of the Organization if membership is not
available to such employee upon the same terms and conditions as are
generally applicable to any other member, or if the membership of such
employee is denied or terminated for any reason other than the failure
of the employee to tender the periodic dues, initiation fees, and
assessments (not including fines and penalties) uniformly required as
a condition of acquiring or retaining membership. For purposes of this
Article, dues, fees, and assessments, shall be deemed to be “uniformly
required” if they are required of all employees in the same status at
the same time.
Section 5.
(a) Each employee covered by the provisions of this
Article shall be considered by the Carrier to have, met the
requirements of the Article unless and until the Carrier is advised to
the contrary in writing by the Organization. The Organization will
notify the Carrier in writing by Registered or Certified Mail, Return
Receipt Requested, or by personal delivery evidenced by receipt, of
any employee who it is alleged has failed to comply with the terms of
this Article and who the Organization therefore claims is not entitled
to continue in employment subject to the rules and working conditions
agreements. The form of notice to be used shall be agreed upon by the
Carrier and the Organization, and the form shall make provision for
specifying the reasons for the allegation of noncompliance. Upon
receipt of such notice, the Carrier will, within ten calendar days of
such receipt, so notify the employee concerned in writing by
Registered or Certified Mail, Return Receipt Requested, or by personal
delivery evidenced by receipt. Copy of such notice to the employee
shall be given the Organization. An employee so notified who disputes
the fact that he has failed to comply with the terms of this Article
shall, within a period of ten calendar days from the date of receipt
of such notice, request the Carrier in writing by Registered or
Certified Mail, Return Receipt Requested, or by personal delivery
evidenced by receipt, to accord him a hearing. Upon receipt of such
request the Carrier shall set a date for hearing which shall be held
within ten calendar days of the date of receipt of request therefore.
Notice of the date set for hearing shall be promptly given the
employee in writing with copy to the Organization, by Registered or
Certified Mail, Return Receipt Requested, or by personal delivery
evidenced by receipt. A representative of the Organization shall
attend and participate in the hearing. The receipt by the Carrier of a
request for a hearing shall operate to stay action on the termination
of employment until the hearing is held and the decision of the
Carrier is rendered.
In the event the employee concerned does not request
a hearing as provided herein, the Carrier shall proceed to terminate
his seniority and employment under the rules and working conditions
agreements not later than thirty days from receipt of the above
described notice from the Organization, unless the Carrier and the
Organization agree otherwise in writing.
(b) The Carrier shall
determine on the basis of evidence produced at the hearing whether or
not the employee has complied with the terms of this Article and shall
render a decision within twenty calendar days from the date that the
hearing is closed, and the employee and the Organization shall be
promptly advised thereof in writing by Registered or Certified Mail,
Return Receipt Requested.
If the decision is that the employee has not
complied with the terms of this Article, his seniority and employment
under the rules and working conditions agreements shall be terminated
within twenty calendar days of the date of said decision except as
hereinafter provided or unless the Carrier and Organization agree
otherwise in writing.
If the decision is not satisfactory to the employee
or to the Organization it may be appealed in writing, by Registered or
Certified Mail, Return Receipt Requested, directly to the highest
officer of the Carrier designated to handle appeals under this
Article. Such appeals must be received by such officer within ten
calendar days of the date of the decision appealed from and shall
operate to stay action on the termination of seniority and employment,
until the decision on appeal is rendered. The Carrier shall promptly
notify the other party in writing of such appeal, by Registered or
Certified Mail, Return Receipt Requested. The decision on such appeal
shall be rendered in writing within twenty calendar days of the date
the notice of appeal is received, and the employee and the
Organization shall be promptly advised thereof in writing by
Registered or Certified Mail, Return Receipt Requested.
If the decision on such appeal is tat the employee
has not complied with the terms of this Article his seniority and
employment under the rules and working conditions agreements shall be
terminated within twenty calendar days of the date of said decision
unless selection of neutral is requested as provided below, or unless
the Carrier and the Organization agree otherwise in writing. The
decision on appeal shall be final and binding unless within ten
calendar days from the date of the decision the Organization or the
employee involved requests the selection of a neutral person to decide
the dispute as provided in Section 5(c) below. Any request for
selection of a neutral person as provided in Section 5(c) below shall
operate to stay action on the termination of seniority and employment
until not more than ten calendar days from the date decision is
rendered by the neutral person.
(c) If within ten calendar days after the date of a
decision on appeal by the highest officer of the Carrier designated to
handle appeals under this Article the Organization or the employee
involved requests such highest officer in writing by Registered or
Certified Mail, Return Receipt Requested, tat a neutral be appointed
to decide the dispute, a neutral person to act as sole arbitrator to
decide the dispute shall be selected by the highest officer of the
Carrier designated to handle the appeals under this Article or his
designated representative, the General Chairman of the Organization or
his designated representative, and the employee involved or his
representative, If they are unable to agree upon the selection of a
neutral person, any one of them may request the chairman of the
National Mediation Board in writing to appoint such neutral. The
Carrier, the Organization and the employee involved shall have the
right to appear and present evidence at a hearing before such neutral
arbitrator. Any decision by such neutral arbitrator shall be made
within thirty calendar days from the date of receipt of the request
for his appointment and shall be final and binding upon the parties as
to the matters decided within the limitations of paragraph (i) of this
section. The Carrier, the employee, and the Organization shall be
promptly advised thereof in writing by Registered or Certified Mail,
Return Receipt Requested. If the position of the employee is
sustained, the fees, salary and expenses of the neutral arbitrator
shall be borne in equal shares by the Carrier and the Organization; if
the employees position is not sustained, such fees, salary and
expenses shall be borne in equal shares by the Carrier, the
Organization and the employee.
(d) It is understood that
if an employee produces evidence to an officer or Local Chairman of
the Organization that he is a member in any one of the Labor
Organizations as specified in Section 2 of this Article, that will
satisfy this Article and no notice will be served by the Organization
on the Carrier to have employee removed from service. Employee will be
required to produce such evidence on demand of an officer or Local
Chairman of the Organization, but will not be required to produce such
evidence more than once in a calendar month. If employee fails or
refuses to produce such evidence, he may be cited to the Carrier by
the Organization as not complying with this Article.
(e) The time periods
specified in this section may be extended in individual cases by
written agreement between the Carrier and the Organization.
(f) Provisions of
investigation and discipline rules contained in the rules and working
conditions agreements between the Carrier and the Organization will
not apply to cases arising under this Article.
(g) The General Chairman of
the Organization shall notify the Carrier in writing of the title(s)
and the address(es) of its representatives who are authorized to serve
and receive the notices described in this Article. The Carrier shall
notify the General Chairman of the Organization in writing of the
title(s) and address(es) of its representatives who are authorized to
receive and serve the notices described in this Article.
(h) In computing the time periods specified in this
Article, the date on which a notice is received or decision rendered shall not be counted.
(i) Decisions made pursuant to this section shall be
confined to determination of the fact of compliance or noncomplian be
by the employee with the terms of this Article but do not apply to
any questions of law arising out of or in connection with the legally
permissible limits of this Article under applicable law.
Section 6.
Other provisions of this Article to the contrary
notwithstanding, the Carrier shall not be required to terminate the
employment of an employee until such time as a qualified replacement
is available. The Carrier may not, however, retain such employee in
service under the provisions of this section for a period. in excess
of sixty calendar days from the date of the last decision rendered
under the provisions of Section 5, or ninety calendar days from the
date of receipt of notice from the Organization in cases where the
employee does not request a hearing. The employee whose employment is
extended under the provisions of this section shall not, during such
extension, retain or acquire any seniority rights. The above period
may be extended by agreement between the Carrier and the Organization.
Section 7.
An employee whose seniority and employment under the
rules and working conditions agreements is terminated pursuant to the
provisions of this Article or whose employment is extended under
Section 6 shall have no time or money claims by reason thereof.
If the final determination under Section 5 of this
Article is that an employee’s seniority and employment in a craft or
class shall be terminated, no liability against the Carrier in favor
of the Organization or other employees based upon an alleged
violation, misapplication or non-compliance with any part of this
Article shall arise or accrue during the period up to the expiration
of the 60 or 90 day periods specified in Section 6, or while such
determination may be stayed by a court, or while a discharged employee
may be restored to service pursuant to judicial determination. During
such periods, no provision of any other agreement between the parties
hereto shall be used as the basis for a grievance or time or money
claim by or on behalf of any employee against the Carrier predicated
upon any action taken by the Carrier in applying or complying with
this Article or upon an alleged violation, misapplication or
non-compliance with any provision of this Article. If the final
determination under Section 5 of this Article is that an employee’s
employment and seniority shall not be terminated, his continuance in
service shall give rise to no liability against the Carrier in favor
of the Organization or other employees based upon an alleged
violation, misapplication or non-compliance with any part of this
Article.
Section 8.
In the event that seniority and employment under the
rules and working conditions agreements, is terminated by the Carrier
under the provisions of this Article, and such termination of
seniority and employment is subsequently determined to be improper;
unlawful, or unenforceable, the Organization shall indemnify and save
harmless the Carrier against any and all liability arising as the
result of such improper, unlawful, or unenforceable termination of
seniority and employment; provided, however, that this section shall
not apply to any case in which the Carrier is the plaintiff or the
moving party in the action in which the aforesaid determination is
made or in which case the Carrier acts in collusion with any employee;
provided further, the aforementioned liability shall not extend to be
expense to the Carrier in defending suits by employees whose seniority
and employment are terminated by the Carrier under the provisions of
this Article.
Section 9.
An employee whose employment is terminated as a
result of noncompliance with the provisions of this Article shall be
regarded as having terminated his employee relationship for vacation
purposes.
Section 10.
In the application of this Union Shop Article, an
employee of the company who is not a member of a labor organization as
required by Sections 1 and 2 of this Article, or any new employee
entering the service of the company signatory hereto after the
effective date of this Article, if he Would otherwise be required to
be a member of a labor organization under the Union Shop Article, will
be deemed to have met the requirements of the Union Shop
Article provided he pays to a labor organization specified in Section
1 or 2 of this Article the. periodic dues, initiation fees and
assessments (not including fines and penalties) uniformly required of
all members of such labor organization within the time limits
provided for in the Union Shop Article.
The Agreement shall be effective on the date signed
and shall remain in effect will modified or changed in accordance with
the provisions of the Railway Labor Act as amended.
SIGNED AT FT. WORTH, TX THIS___ DAY OF__________ ,
2003.
For The Burlington
Northern and
Santa Fe Railway Company:
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For the Employees
Represented by the
Brotherhood of
Locomotive Engineers: |
Note: signatures not reproduced
Side Letter
№ 1
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November 6, 2003
Mr. Dennis Pierce
General Chairman. BLE
801 Cherry St., Ste 1010 Unit 8
Fort Worth, TX 76102
Mr. Rick Gibbons
General Chairman,, BLE
5040 S. Harmony
Rogersville, MO 65742
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Side Letter 1
Mr. Pat Williams
General Chairman, BLE
509 SW Wilshire Blvd., Ste D
Burleson. TX 76028
Mr. Austin Morrison
General Chairman, BLE
7637 Canyon Dr.
Amarillo, TX 79110
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Gentlemen:
This letter confirms several understandings that
the parties have reached in connection with the Memorandum of
agreement dated July 17, 2003.
1. In the application of Article I, Personal
Leave Days, it is agreed that, if the employee elects to receive
payment when working (does not actually take personal leave), the
personal leave day payment will not be regarded as earnings for
extra board guarantee purposes, but will be regarded as earnings
for employee protection (like Northern Lines, New York Dock, ID
agreements etc.) purposes.
2. In the application of Article IV, Basic Day
on Certain Helper Crews, it is agreed that the successful
applicants for engineer-only helper service will be trained in the
use of helper-link or comparable technology under pay, and once
qualified, they may be used asmentors under pay.
Please indicate your acceptance of these
understandings by signing this letter.
Sincerely, |
Accepted:
____________________________________
General Chairman
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Side Letter
№ 2
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November 6, 2003
Mr. Dennis Pierce
General Chairman, BLE
801 Cherry St., Ste 1010 Unit 8
Fort Worth, TX 76102
Mr. Rick Gibbons
General Chairman, BLE
5044) S. Harmony
Rogersville, MO 65742
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Side Letter 2
Mr. Pat Williams
General Chairman~ BLE
509 SW Wilshire Blvd., Ste D
Burleson, TX 76028
Mr. Austin Morrison
General Chairman, BLE
7637 Canyon Dr.
Amarillo, TX 79110
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Dear Sirs:
In connection with our agreement concerning
minimum safety footwear standards, you asked, as information, for
an overview of BNSF’s current safety boot program and policy.
Attached please find BNSF’s 2003-2005 Safety Boot Program and
Policy for your review. If there are any material changes in
BNSF’s Safety Boot Program and Policy, the parties will meet and
discuss the matter.
Yours truly,
John J. Fleps
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