MEMORANDUM OF AGREEMENT

between the

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

and

BURLINGTON NORTHERN INC.

In the application of Section 7 of the Merger Protection agreement dated June 29, 1965 and Article VII of Implementing agreement No. 1 dated January 21, 1966, the following provisions of the revised engineers’ schedule agreement will be made effective on the Illinois-Wisconsin, Missouri, Nebraska, Wyoming, Lake superior, Minnesota, Montana-Dakota, Rocky Mountain, and pacific Seniority districts.

ARTICLE 600 - PAY RULES

Section 601. ADJUSTMENT OF ENGINEER’S WORKING LISTS

• 601.1 (1) Assigned passenger service other than that covered in paragraph 601.2 hereof, shall be regulated on the basis of assigning a sufficient number of engineers so as to provide line mileage within the range between 4,000 and 4800 passenger miles per month.
  • 601.1 (2) If in assigned passenger service, the adding of another engineer’s assignment thereto would have the effect of providing mileage below the range of 4,000 and 4,800 miles, no regulation will be made.

    601.2 Assigned short turnaround passenger service, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be regulated on the basis of assigning sufficient number of engineers so as to provide total mileage the equivalent of between 4,000 and 4800 passenger miles per month (including arbitraries, overtime, constructive and special allowances).

    601.3 (1) Assigned freight service shall be regulated on the basis of assigning a sufficient number of engineers so as to provide line mileage within the range of 3,200 and 3,800 miles per month.

    601.3 (2) If, in assigned freight service, the adding of another engineer’s assignment thereto would have the effect of providing line mileage below the range of 3,200 and 3,800 miles, oo regulation will be made.

    601.4 Engineers used in combination (passenger and freight) service will be permitted to make the equivalent of 3,800 miles in freight service. Passenger miles will be decreased twenty percent (20%) to reach equivalent freight miles. 601.5 (1) Freight service pools shall be regulated on the basis of assigning a sufficient number of engineers so as to provide mileage within the range of 3,200 miles and 3,800 miles.

    601.5 (2) For the purpose of adjusting the number of engineers’ turns in a freight service pool, only line mileage claimed for the road trip service shall be used to determine the number of engineers’ turns that are to be assigned therein.

    601.6 (1) Road extra lists, or combination road-yard extra lists shall be regulated on the basis of assigning a sufficient number of engineers so as to provide mileage within the range of 3,200 and 3,800 miles per month (exclusive of arbitraries, constructive and special allowances).

    601.6 (2) Extra lists which protect only yard service shall be regulated so as to provide mileage within the range between ,,400 and 3,200 miles per month. All payments for yard service including arbitraries, overtime, constructive and special allowances), shall be used to calculate and determine the number of engineers’ turns that are to be assigned thereto.

    601.6 (3) Where passenger service extra lists are maintained, the number of engineers’ turns thereon shall be determined and regulated in the range between 4,000 and 4,800 average passenger service miles per month, excluding arbitraries, constructive and special allowances.

    • 601.7 In the regulation of mileage, neither the maximum nor minimum is guaranteed, or to be considered as a guarantee.

      601.8 It is understood that payments for vacation to engineers are not to be considered in applying the provisions of section 601.

      • 601.9 The checkback for the purpose of determining whether there should be an adjustment will cover the fifteen day period immediately preceding the date on which such check is made. the total line mileage or equivalent thereof, whichever is applicable, computed as set forth in this Section 601, accumulated in the fifteen previous days will be multiplied by two and divided by the number of engineers turns and the result of this calculation will determine average mileage for the purpose of making such adjustments as may be necessary. 601.1 The total mileage made by engineers will be furnished the BLE Local Chairman upon request, and adjustments may be made when the record indicates an adjustment is required under the provisions of this Section 601. When an adjustment is made, it will be made at a uniform specified time of day. The phrase within the range" in this Section 601 means miles will be regulated within the prescribed limits. These items in this paragraph will be agreed upon between the designated Carrier Officer and the involved BLE Local Chairman.

        601.11 This Section 601 does not apply where difference earning and/or regulations are provided by an agreement between parties to this agreement covering a specific run or service.

        601.12 If, in the regulation of mileage, an engineer is unable to hold a job as an engineer, his return to service as a fireman will be subject to rules applicable to that craft.

This agreement shall become effective 12:01 a.m., August 10 1988 and shall remain in effect until changed or modified under the provisions of the Railway Labor Act, as amended. Signed at St. Paul, Minnesota, this 24^th day of April, 198l.

For:

BROTHERHOOD OF LOCOMOTIVE                                 BURLINGTON NORTHERN

ENGINEERS                                                                             INC

W. M. Dunegan                                                                                                        A. E. Egbers

General Chairman                                                                                                      Vice President - Labor Relations