BN 1/17/86 OPS 14-86

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD COMPANY

And

Its Employees Represented By

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

WHEREAS, the National Railroad Passenger Corporation (hereinafter referred to as "Amtrak") desires to employ engine service personnel for operation of its service; and

WHEREAS, certain employees subject to collectively bargained agreements between the parties signatory hereto desire to be considered for employment by Amtrak,

NOW, THEREFORE, IT IS AGREED:

ARTICLE I - REQUESTS FOR LEAVES OF ABSENCE

(1) When an employee desires to accept employment with Amtrak, he shall make application in writing to the Division Superintendent for leave of absence.

(2) The leave of absence may, at the discretion of the Company, be granted the employee making request therefore for the duration of employment with Amtrak. When such leave is granted, the BLE General Chairman will be given a copy of the Superintendent's letter authorizing the leave.

(3) While on leave of absence, the employee will keep the Division Superintendent advised of his current address and telephone number.

(4) Engineers, while on leave of absence, will continue to retain and accumulate seniority.

(5) No leaves will be granted after the expiration of the two-year period commencing with the effective date of the Agreement. However, requests for leaves of absence filed by engine service personnel prior to the expiration of the two-year period will be given consideration in accordance with Section 2 above.

ARTICLE 11 - RETURN FROM LEAVES OF ABSENCE

(1) An employee who is granted a leave of absence pursuant to this Agreement will be permitted to return to the Carrier's service only upon the following conditions:

(a) He is unable to hold a regularly assigned or extra board position with Amtrak (except for disciplinary reasons); or

(b) Because of hardship cases such as serious illness of a family member.

(c) As an exception to paragraph 1(a) above, the employee may return voluntarily to Burlington Northern at the end of the first six-month period, which period will commence with the date of the employee's employment with Amtrak. If the employee electts to remain with Amtrak at the end of the six-month period, he may not voluntarily return to Burlington Northern except in accordance with paragraph (a) or (b) above.

(d) If an employee fails to return to service of the Carrier within 30 days after he is furloughed by Amtrak, he will forfeit his seniority and other employment rights with the Carrier.

(e) If the employee does not stand for service with Amtrak as outlined in paragraph (a) above and is furloughed, he may return to Burlington Northern and exercise his rights on his seniority district in accordance with the working agreement. When the employee is recalled by Amtrak, he will be given a leave of absence by Burlington Northern upon request.

ARTICLE III - GENDER

For convenience, references to gender, if any, in this Agreement are made in the masculine gender. It is understood and agreed by the parties to this agreement that references to the masculine gender include both the masculine gender and the feminine gender.

ARTICLE IV - EFFECTIVE DATE

This Agreement will become effective a of the date signed.

Signed at Fort Worth, Texas, this 17th day of .November,  1986.