1996 SYSTEM AGREEMENT

MEMORANDUM OF AGREEMENT

Between

Burlington Northern Railroad Company

And The

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

Article XIII            LOCOMOTIVE ENGINEER RECERTIFICATION

 

Each engineer, regardless of length of service, who is required by the carrier to attend training in order to maintain certification pursuant to CFR Part 240, at a location other than his home terminal, will be allowed $233.00 for each day of classroom training. This allowance is not subject to entry rate reductions. One travel day prior to the first day or training, and one travel day following training, will not be compensated under this provision. Any travel requirements that exceed the one day, either before or after training, will be compensated by allowance of  $233.00 for each additional calendar day. This allowance is subject to general wage and cost of living allowance increases Reasonable transportation, lodging and meal expenses will be allowed. This provision supersedes all preceding provisions, agreements, understandings or practices concerning payment for engineer certification. This article is not intended to apply to safety meetings, rules exams or similar activities that are conducted at the home terminal.

ARTICLE XIV            ENTRY RATES

Every locomotive engineer will be compensated at full (100%) rates when actually working as an engineer, including while assigned to engineers’ guaranteed extra board. All other compensation, including but not limited to deadheading compensation, will be subject to applicable entry rate progressions.

ARTICLE  XV          SPECIAL PAY DIFFERENTIAL

On the effective date of this agreement, all allowances paid to engineers. regardless or length of service, for working with a reduced crew and all related entitlements are eliminated. Payments eliminated include payments under Article I of OPS 33-81 and 0PS 34-81; dated April 4 1981; Side Letter 20 of Arbitration Award 458, and Article V - Special Pay Differential contained in Implementation of Public Law 102- 29. The differential of $4.00 and .04 cents per mile and/or $6.00 or .06 cents per mile paid to engineers working without a fireman is also eliminated.

On the effective date of this agreement, each engineer regardless of length of service, actually working in through freight service, subject to the 130 mile basic day will receive a flat payment of $27.00 for each such working trip or tour of duty, in addition to normal trip payments provided for in other agreements and not canceled by this agreement. Each engineer in any other class of service will receive a flat payment of $18.00 for each such working trip or tour of duty, in addition to normal trip payments. These payments are frozen through June 30, 1998, and then subject to a 3.50% wage increase effective July 1 1998~ and thereafter will be subject to general wage and cost of living increases.

ARTICLE XVI        401K

 A 401 (k) plan or arrangement will be established as soon as practicable and following ratification of this agreement, in which locomotive engineers can participate and in which the employee contribution level is equal to the maximum deduction allowable by law, based upon locomotive engineers compensation and assuming maximum participation by all participants.

ARTICLE XVII            TERRITORIAL QUALIFICATION

When an engineer is required by rule to make territorial qualification or familiarization trips, such engineer will be compensated by allowance of a basic day at the rate of the Engineers Guaranteed Extra List Agreement, dated April 4, 1994, for each trip or tour of duty. Such trips will be made with a certified engineer who is currently qualified on the territory, or with a qualified officer of the Carrier.


ARTICLE XVIII        DIRECT DEPOSIT OF PAYROLL. CHECKS

Each engineer shall participate in the program providing for the direct deposit of payroll checks into the employees bank account. This provision will become effective with a sixty day notice by the Carrier to employees

 

ARTICLE XIX        TELEPHONE SERVICE

Each engineer must maintain telephone service, or other authorized electronic communication to facilitate transmission of call information. Any understandings or practices that require a personal contact call at the employees residence are eliminated.

 

ARTICLE XX            TERMINAL RUNAROUNDS

Al rules and agreements that provide for an additional payment to engineers for not departing the terminal in proper order are eliminated, and all entitlements to any such payments are, accordingly rescinded. Any engineer who does not depart the terminal in proper order of call will be entitled to restoration of turn under applicable agreements, including local memorandums.

 

ARTICLE XXI            MARKING UP FOR DUTY

Each engineer in any class of service who is authorized time off for any reason, including far vacation, will be marked up for service upon expiration of the period authorized unless additional time is requested and granted prior to the expiration of the authorized period. This provision does not preclude an engineer from marking up earlier than the end of the authorized period.

 

ARTICLE XXII            ROAD MEALS

In through  freight service only,  all rules and agreements that provide for an entitlement to a meal, or provide for any payment in lieu thereof, during a tour of duty  are eliminated, and any such entitlements are accordingly rescinded.

 

This agreement is effective ________day of__________________________ remain in effect until canceled or amended in accordance with the Railway Labor Act. as amended.

 

FOR                                                                                  FOR THE
THE NATIONAL CARRIERS                                        BROTHERHOOD OF LOCOMOTIVE
CONFERENCE COMMITTEE                                       ENGINEERS                       

      

                                                                                        General Chairman BLE

    Approved

                  Vice President, BLE

 

Mr. R.E. Dean 
Vice President
Brotherhood of Locomotive Engineers                                                     SIDE LETTER NO. 1
2l51 E AA Highway
Springfield, MO 65803 

Dear Mr. Dean

This refers to our discussions regarding elements of pay referred to in Section 2(d) of the agreement of April 4 1994 which are not intended to be offset against the extra board guarantee. We understood that the $18.00 trip payment for Engineers operating in other than through freight service and $18.00 of the $27.00 trip payment in through freight service would be paid in addition to the guarantee amount.

We further understood that when general wage increases are applied to the $18.00 and the $27.00 payments, respectively, the proportionate amount resulting from application of increase(s) to the $18.00 would, likewise, be paid in addition to the guarantee for extra board engineers.

If you concur this accurately reflects our understanding, please sign in the space provided below.

Very truly yours                                                                 I concur:

John J. Fleps                                                                        R.E. Dean
Vice President Labor Relations                                             VP-BLE

 

Mr. R.E. Dean
Vice President
Brotherhood of Locomotive Engineers                                                     SIDE LETTER NO. 2  1996
2l51 E AA Highway
Springfield, MO 65803

Dear Mr. Dean

This confirms our understanding regarding Article 1-LOCOMOTIVE ENGINEER RECERTIFICATION of the agreement.

We agree that when an engineer is scheduled to report to the training center for recertification and such engineer stands for service on a trip which the engineer may not be able to complete and still have reasonable time to comply with the travel arrangements, the engineer must notify the Manager of Operating Practices or other designated officer prior to commencement of the trip (no later than the call time). The decision whether to mark off or make the trip will be the MOP/designated officer. When the decision is to mark off, the engineer will be marked off and paid as though having made the trip.

During the discussions, there was concerns expressed by both sides regarding the potential abuse of this circumstance. We were all in accord that the decision made by the designated officer was to be made based an consideration of the expected time to complete the service trip and to allow reasonable time for the engineer to gather belongings and materials necessary for the trip to the training center and to travel to the departure point of the means of conveyance being utilized. We also understood that engineers who choose not to travel to or from the training center by the  means provided at Carriers expense (normally by air) would not be allowed payment for lost earnings in excess of what others from the same location were given under usual travel circumstances.

If this accurately reflects our understanding, please indicate your concurrence in the spaces provided for that purpose below.

Very truly yours                                                                             I concur:

John J. Fleps                                                                                R.E. Dean
Vice President Labor Relations                                                     VP-BLE

 

Mr. R.E. Dean
Vice President
Brotherhood of Locomotive Engineers                                                     SIDE LETTER NO. 3  1996
2l51 E AA Highway
Springfield, MO 65803

 

This confirms the understanding reached relative to Article  3 of the agreement-SPECIAL PAY DIFFERENTIAL

We agree that the following agreements referred to in this Article 3 are of no further force and effect:

OPS 33-81, OPS 34-81 dated April 24, 1981

Side Letter 20 of Arbitration Award 458

Article V of Public Law 102-29.

We further understand, however, that the provision quoted below is maintained:

Engineers performing service with reduced train or yard crews will not be held responsible for accidents caused by failure of radio equipment to properly function. Carrier will be responsible for maintenance of radios, and engineers will not be held responsible for failure & malfunction of radio equipment unless obviously caused by employee abuse or tampering.

If this accurately reflects our understanding, please indicate your concurrence in the space provided for that purpose below.

Very truly yours                                                                             I concur:

John J. Fleps                                                                                R.E. Dean
Vice President Labor Relations                                                     VP-BLE

Mr. R.E. Dean
Vice President
Brotherhood of Locomotive Engineers                                                     SIDE LETTER NO. 4  1996
2l51 E AA Highway
Springfield, MO 65803

Dear Mr. Dean:

This confirms the understanding reached relative to Article 5-TERRITORIAL QUALIFICATION of the agreement.

We mutually intended that engineers on an extra list would not be bypassed by other engineers from the list  due to not being qualified on a particular territory In any event, we did agree when an engineer assigned to an extra list is bypassed for lack of territorial qualification he would not have the guarantee to which he would otherwise be entitled to reduced.

If this accurately reflects our understanding, please indicate your concurrence in the space provided for that purpose below.

Very truly yours,                                                                            I concur

John J. Fleps                                                                                R.E. Dean
Vice President Labor Relations                                                     VP-BLE

 

Mr. R.E. Dean
Vice President
Brotherhood of Locomotive Engineers                                                     SIDE LETTER NO. 5  1996
2l51 E AA Highway
Springfield, MO 65803

Dear Mr. Dean,

This confirms the understanding reached relative to Article VlI-ENHANCED EMPLOYMENT OPPORTUNITIES of the core agreement.

Spefically, we discussed the intent and meaning of the phrase "Deprived of Employment" contained in Section 1 of said Article VII. We agreed that an engineer who meets all of the requirements of Article VII would not be deprived of the benefits contained therein by any exercise of seniority to which he was entitled to pursuant to the BN/BLE Transfer Agreement dated November 1. 1990.

If this accurately reflects our understanding, please indicate your concurrence in the space provided for that purpose below.

Very truly yours,                                                                            I concur

John J. Fleps                                                                                R.E. Dean
Vice President Labor Relations                                                     VP-BLE

Mr. R.E. Dean
Vice President
Brotherhood of Locomotive Engineers                                                     SIDE LETTER NO. 6  1996
2l51 E AA Highway
Springfield, MO 65803

Dear Mr. Dean:

This confirms the understanding reached relative to Paragraph (f) of Section 2-Vacation Benefits of ARTICLE V-BENEFITS ELIGIBILITY of the core agreement.

We agreed that engineers desiring to take one week of their vacation day at a time will so indicate on the appropriate form provided by the Carrier at the time when making application for the following years vacation.

If this accurately reflects our understanding, please indicate your concurrence in the space provided for that purpose below.

Very truly yours,                                                                           I concur

John J. Fleps                                                                                R.E. Dean
Vice President Labor Relations                                                     VP-BLE