Willmar - Superior ID Pool Agreement

BNSF EF OPS _________


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.


The Burlington Northern and Santa Fe Railway Company

Assistant Vice President Labor Relations

General Director Labor Relations


Brotherhood of Locomotive Engineers

General Chainman, BLE

Side Letter



June 26, 2000

Mr. M. W. Geiger
General Chairman, BLE
Bank One Tower
500 Throckmorton, Suite 1820
Fort Worth, TX 76102

Dear Mr. Geiger:

This is to confirm our various discussions during negotiation of this Agreement dated ______________________ establishing intradivisional service between Willmar, Minnesota, and Superior, Wisconsin.

During our discussions, it was agreed that local agreements addressing work/rest/fatigue issues in short division pools would not be opposed by Labor Relations for inclusion in this intradivisional pool service and would be subject to approval by Local Carrier officers.


M. H. Siegele, Jr.
Assistant Vice President
Labor Relations


M.W. Geiger
General Chairman, BLE