BN_{_____1992___________}

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD COMPANY

And The

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

SUBJECT: Locomotive Engineer Trainers.

IT IS HEREBY AGREED:

Article I - Selection of Engineer Trainers

Section 1. Upon the effective date of this agreement, the BLE will provide the Carrier with a list of local BLE officials to contact in connection with the selection of engineer trainers. These local BLE officials will provide the designated Carrier officers with a list of engineers, who are willing to act as engineer trainers, working at each location where the Carrier intends to train trainees. After consulting with the designated BLE officers the Carrier will select engineer trainers at a given location from the list provided by the BLE or from other engineer volunteers working at the location. The local BLE officials will update this list from time to time, as necessary.

Section 2. If there are not sufficient engineers an the list provided by the BLE together with other volunteers, to meet the Carrier's need for trainers at a given location, the Carrier may designate additional engineers as trainers. Before the Carrier makes such additional designations, a local Carrier officer will meet with the designated local BLE officer to discuss the selection and designation of additional engineer trainers.

Article  II - Trainer Supplemental Pay:

An engineer trainer working with a trainee, or at the direction of the Carrier, with another engineer for purposes of maintaining the other engineer's qualifications will be paid for the trip at daily and mileage rates that are 1.1 times the regular basic daily rates and mileage rates. This premium rate will not apply to duplicate time payments including arbitraries and special allowances that are expressed in time or miles or fixed amounts of money.

(EXAMPLE- - An engineer working with a trainee who makes a through freight trip of less than the miles in a basic day, will be paid for the basic day received for the trip at 1.1 times the applicable daily rate. In other words, he will be paid a 10% premium over and above the regular pay for the basic day.)

Article III - Specialized Training and Duties:

The Carrier may require specialized training for engineers selected as engineer trainers, with pay for such specialized training to be in accordance with the training agreement dated 11/1/91 (OPS 3-91). However this specialized training will not be covered by the limitation in the training agreement on training sessions per year.

Article IV - Engineer Trainer's Responsibilities:

Section 1. The engineer is expected to permit the trainee to operate the engine and perform other functions of an engineer while under his direction to the degree and in the areas where he feels the trainee has reached the level of competency to do so.

Section 2. The engineer trainer will be expected to comply with the operating rules, safety rules and mechanical book of instructions and to require that the trainee does likewise. The engineer trainer will not be held responsible for such things as broken knuckles, damaged drawbars or rough handling when the engine is operated by a trainee.

Section 3. If the trainee is actually operating the engine, the engineer must call attention to any oversight or error on the part of the trainee and, in cases where the situation warrants, take immediate and positive action to see that the engine and train handling is properly performed in accordance with the rules and safe handling procedures. Particular attention must be given to observance of such items as speed restrictions, signal aspects and other conditions which would require immediate action to avoid serious consequences. Further, at points where it is known that the speed of the train must be reduced such as but not limited to meeting points, an observance of a signal indicating reduced speeds, slow orders etc., the engineer trainer must place himself in close proximity to the trainee in order that the trainer may take immediate action to correct any oversight on the part of the trainee to properly control the train.

Section 4. If an incident occurs while the trainee is operating the engine, the engineer trainer will not be held out of service or have his engineer certification suspended pending investigation (either a disciplinary investigation held under the terms of the collective bargaining agreement or a hearing under the FRA regulations governing the certification of engineers) of the alleged violation of the rules, except in serious cases where fault seems apparent. By way of illustration but not limitation, "serious cases" in intended to mean such matters as gross insubordination, use of intoxicants, or where continuance in service would constitute in Carrier's opinions a hazard to the public, the Carrier, its employees or equipment. If the incident occurring while the trainee is operating the engine results in a formal investigation, the degree of responsibility of the engineer trainer will be carefully weighed in light of the performance and compliance with the above criteria as developed in the record of the investigation. 

(Notes The parties understand that the FRA regulations concerning the qualification and certification of locomotive engineers govern the initial certification of engineers and tile subsequent suspension or revocation of the certification and that in the case of any conflict between this agreement and the regulations which may arise, the requirements of the regulations govern.)

Section 5 Engineer trainers will be required to complete progress, performance and evaluation reports on trainees assigned to them, - as may be directed. Incompetence, lack of judgment, or other detrimental traits or attitudes an the part of the trainee will be reported.

Article V - Relief from Working with Trainees:

Trainers may, after working with trainees for six (5) consecutive calendar months, request relief from training for a period of up to sixty (60) consecutive calendar days. If there are sufficient experienced trainers (trainers previously selected and used to train trainees) available at a location to meet the Carrier's needs, trainers may request and be granted relief from training beyond the sixty (60) consecutive calendar days provided In this Article.

Article VI - Effect of this Agreement:

This Agreement supersedes all previous agreements, practices or understandings regarding locomotive engineer trainers and working with trainees.

Article VII - Effective Date

The effective date of this Agreement is ________________________

This Agreement signed at Fort Worth, Texas, this _ day of 1992.

Burlington Northern Railroad

Fort Worth, Texas
December 17, 1992

TO: Ms. J. M. Gibbs

FROM: M. J. Hoven

SUBJECT: Locomotive Engineer Trainer Agreement

Attached is a copy of the agreement reached between the BLE and BN governing the use of engineers to work with engineer trainees.

As discussed with Bob Bonkaski, Boris Kantor and Dave Blair of your staff, on December 9, 1992, 10% of the "Straight Time Daily" compensation, "Straight Time Mileage" compensation and "Overtime" compensation is to be paid as a lump sum under constructive code 024 to engineer trainers while working with a trainee.

The following constructive codes are to be included in the 10% calculation if such constructive codes are paid in connection with the "Trip" mileage:

• 025 Overtime Acct Work on Rest Day
• 029 Final Lite Miles 
• 032 Initial Lite Miles 
• 033 OT 2nd Shift Prior to 22 1/2 Hours
• 034 Hill Doubling
• 035 Side Trip
• 037 Lap Back 
• 134 Pre-Merger Miles 
• 491 Deadhead to in Conjunction with Service 
• 492 Deadhead from in Conjunction with Service

Deadhead payments made separate and apart from service are not to be included in the calculation.

If you have any questions, please give me a call.

cc: Mr. T. P. Sullivan

BN 12/11/78A

1978 Training Agreement

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN INC.

And

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

The parties have had several discussions concerning the responsibilities of a locomotive engineer to whom a trainee is assigned for the purpose of on-the-job training. The following is hereby agreed to:

1. In such cases the engineer is expected to permit the trainee to operate the engine and perform other functions of an engineer while under his direction, to the degree and in the areas where he feels the trainee has reached the level or competency to do so.

2. The engineer-instructor will be expected to comply with operating rules, safety rules and mechanical book of instructions and to require that the trainee does likewise. The engineer-instructor will not be held responsible for such things as broken knuckles, damaged drawbars or rough handling when the engine is operated by a trainee.

3. If the trainee is actually operating the engine, the engineer must call attention to any oversight or error on the part of the trainee and, in cases where the situation warrants, take immediate and positive action to see that the engine and train handling is properly performed in accordance with the rules and safe handling procedures. Particular attention must be given to observance of such items as speed restrictions, signal aspects and other conditions which would require immediate action to avoid serious consequences. Further, at points where it is known that the speed of the train must be reduced, such as but not limited to, meeting points, an observance of a signal indicating reduced speed, slow orders, etc., the engineer must place himself in close proximity to the trainee in order that he may take immediate action to correct any oversight on the part of the trainee to properly control the train.

4. If, in event of an occurrence which results in a formal investigation and the trainee was operating the engine at the time of the occurrence, the degree of responsibility of the engineer will be carefully weighed in light of his performance and compliance with the above criteria as developed in the record of the investigation. Engineer-instructors will not be held out of service pending investigation resulting from alleged violation of the rules while the trainee was operating the engine except in serious cases where fault seems apparent. By way of illustration but not limitation, "serious cases" is intended to mean such matters as gross insubordination, Use of intoxicants, or where continuance in service would constitute, in Carrier's opinion, a hazard to the public, the Carrier, its employees or equipment.

5. Engineer-instructors will be required to complete progress reports on apprentices assigned to them, as may be directed. Incompetence, lack of judgment, or other detrimental traits or attitudes on the part of the trainee will be reported.

6. (a) Engineer-instructors will be allowed the rate of pay applicable to single-man operation when accompanied by a trainee in a training program unless there is another fireman employed on the locomotive.

(b) An engineer will be allowed seven dollars ($7.00) for each tour of duty during which a trainee is assigned to him for training. This amount will not be subject to any increase for the duration of the current wage contract, as governed by Article XIII, the moratorium provisions of the July 26, 1978 BLE National Agreement.

7. The Organization will cooperate with the Carrier in selecting locomotive engineers to be engineer-instructors. Engineers who do not desire to participate in the training and qualifying of trainees to promotion to locomotive engineers will notify their local chairman and the Superintendent of the division on which they are working, in writing, to that effect. Such engineers will not be used as instructors and will have no claim for compensation under the provisions of this agreement.

This agreement will become effective December 16, 1978, and will remain in effect until modified or changed in accordance with the provisions of the Railway Labor Act, as amended.

Signed at St. Paul, Minnesota, this 11th day of December, 1978.