1997 ENGINEERS' TEMPORARY TRANSFER AGREEMENT

SIDE LETTER NO. 3 

BEREAVEMENT LEAVE

Gentlemen:

Effective with the implementation of the 1997 Engineer's Transfer Agreement, Article M of the July 26, 1978, National Agreement is amended by the following:

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an engineers brother, sister, parent, child, spouse or spouse's parent; death of a half-brother or half-sister, death of a stepbrother, step-sister, stepparent or step child.

This letter is also applicable to a family relationship through the legal adoption process.

In such cases, three (3) basic days' pay at the rate of the last service rendered will be allowed anytime during the seven (7) days following the date of death provided the engineer is off on those days. An engineer need not have stood to work on one or more of the days in order to receive bereavement leave pay.

Bereavement pay will not be applicable during an engineers vacation. Also, if an engineer qualifies for holiday pay on a holiday which occurs on a day the engineer also qualifies for bereavement leave pay, he will only be entitled to one basic day's pay for that day.

Engineers involved will make provision with their supervisors in the usual manner for taking bereavement leave.

1978 National Agreement- Bereavement Leave

ARTICLE XI - BEREAVEMENT LEAVE

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee's brother, sister, parent, child, spouse or spouse's parent. In such cases a minimum basic day's pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner.

This Article shall become effective fifteen (15) days after the date of this Agreement.

ARTICLE XI  Bereavement Leave- 1978 National Agreement

"Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee's brother, sister, parent, child, spouse or spouse's parent. In such cases a minimum basic day's pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials In the usual manner.

Q&A's

Q-1; How are the three calendar days to be determined?

A-1: An employee will have the following options in deciding when to take bereavement leave:

a) three consecutive calendar days, commencing with the day of the death, when the death occurs prior to the time an employee is scheduled to report for duty;

b) three consecutive calendar days, ending the day of the funeral service; or

c) three consecutive calendar days ending the day following the funeral service.

Q-2: Does the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances?

A-2; Three days for each separate death; however, there is no pyramiding where a second death occurs within the three-day period covered by the first death.

Example: Employee has a work week of Monday to Friday - off- days of Saturday and Sunday. His mother dies on Monday and his father dies on Tuesday. At a maximum, the employee would be eligible for bereavement leave on Tuesday, Wednesday, Thursday and Friday.

Q-3: An employee working from an extra board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the extra board, but would not have performed service on one of the days on which leave was taken. Is he eligible for two days or three days of bereavement pay?

A-2: A maximum of two days.

Q-4: Will a day on which a basic day's pay is allowed account bereavement leave serve as a qualifying day for holiday pay purposes?

A-4: No; 'however. the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability and that the first work day preceding or following the employee's bereavement leave, as the case may be, should be considered as the qualifying day for holiday purposes.

Q-5: Would an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother, or stepsister, stepparents or stepchildren?

A-5: Yes; as to half-brother or half-sister, no as to stepbrother or stepsister, stepparents or stepchildren. However, the rule is applicable to a family relationship covered by the rule through the legal adoption process.

Q-6: Would bereavement leave be applicable during an employee's vacation period?

A-6: No.

Q-7: An employee qualifies for holiday pay on a holiday which occurs on a day the employee also qualifies for bereavement leave pay. Under these circumstances, is the employee entitled to be paid both the holiday and bereavement leave allowance?

A-7: No. The employee would be entitled to only one basic day's pay.

Q-8: An employee in pool freight service is granted bereavement leave on Wednesday, Thursday and Friday. He was paid under the bereavement leave rule for Wednesday and Thursday-, however, his claim for Friday, a day on which the crew of which he was a member was at the away from home terminal and received an authorized return deadhead trip for which they were allowed 141 miles, was denied. Is he entitled to pay under the bereavement leave rule for Friday?

A-8: Yes, inasmuch as the deadhead trip was authorized and represents time lost on a separate-qualifying calendar day.

Brotherhood of
Locomotive Engineers                                                                             January 2, 1979
B OF L. E.  BUILDING
CLEVELAND, Ohio  44114
JOHN F SYTSMA

Mr. W. M. Dunegan
General Chairman
Burlington Northern Incorporated
1003 Pioneer Building
336 N. Robert Street
St. Paul, Minnesota 65101

Dear Sir and Brother:

This refers to that part of your letter dated November 3, 1978, concerning the application of Article XI - Bereavement Leave of the National Agreement of July 26, 1978, under the example and question cited below:

"An employee covered by the BLE Agreement of 7-26-78 is on a regular five day work yard assignment; the assignment works Monday through Friday, with Saturday and Sunday off; a death occurs on Friday; bereavement leave encompasses only Saturday, Sunday and Monday; therefore, BN is only obligated to pay the employee for Monday - as bereavement leave.

Question 1: Is BN's position correct?"

As you may know, meetings are being held with the National Railway Labor Conference to consider questions which have arisen out of the interpretation and application of the provisions of the National Agreement of July 26, 1978. Our next meeting is scheduled for January 4 and 5, 1979 and it is hoped that many of the issues being considered will be resolved before the meeting of the Association of General Chairmen to be held January 25, 1979 here in Cleveland. Subject to whatever may be finally agreed upon concerning the above question, it is my understanding that under the above example the employee would be entitled to bereavement pay for Monday only. This assumes, of course, that Monday was a working day lost. I am, however, of the opinion that in a case where the death occurs prior to the time the employee is required to report for duty the employee should not be precluded from commencing bereavement leave on the day of the death if he so desires.

Trusting the above will suffice until we have a more definite answer to your question, I am

Fraternally yours.

s/ John F. Sytsma
President