MEMORANDUM OF AGREEMENT

between

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY

and the

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

This understanding is in reference to numerous previous conferences concerning periodic instruction classes and whether such classes are permissible under the provisions of OPS 3-91.

In particular, we discussed the two year provision of Section 3 of OPS 3-91.

Therefore, it is agreed:

The agreement OPS 3-91 is hereby canceled.

Periodic instruction classes will be continued to assure that engineers have an excellent working knowledge and understanding or our operating and safety rules. This of course, is directly applicable to a safe railroad operation. Given that both parties recognize the importance of these instructional classes and safety classes, it is agreed that when an engineer is required to attend such period instruction classes such engineer will be made "whole" for earnings lost as a result of attending the class. If an engineer is required to attend such classes without loss of time from the engineer's regular assignment, the engineer will be compensated a minimum of a basic day's pay at the rate of the last service performed for each calendar day the engineer is required to attend class.

Such periodic instruction classes will not affect an engineer's certification as defined in 49CFR Part 240 or employment status.

This agreement is not intended to apply to secondary safety meetings, safety committee participation or similar activities; or to any other safety, instructional or information activities which are conducted immediately before, during or immediately after an engineer's tour of duty.

This agreement will become effective on 20th day of April 1997.

Brotherhood of Locomotive Engineers

Dear Sirs and Brothers:

Enclosed you will find a recent letter of understanding, entered into by former General Chairman Geiger, addressing compensation for attending periodic training and instruction classes. The primary change from previous handling is for those engineers assigned to guaranteed extra boards when required to attend classes. The new understanding allows payment of a basic day for each day attending class, with no deduction in the number of guarantee days on the extra board for attending the class. This resolves the previous issue of tracking lost wages, as well as days removed from the board for guarantee purposes in previous handling

Please contact the Office if you have any questions.

Fraternally yours

Dennis R. Pierce
General Chairman

Enclosures

September 17, 2001

Mr. W. Geiger Jr.
General Chairman, BLE
801 Cherry St., Suite 1010
Fort Worth, TX 76102

Dear Mr. Geiger:

This letter is in reference. to recent discussions concerning compensation for Locomotive Engineers required to attend periodic supplemental training and instruction classes as agreed to in Memorandum of Agreement signed April 4, 1994 (Guaranteed Extra Board Agreement) and Memorandum of Agreement signed April 24, 1997 (Revised OPS 3-91). From those discussions, the parties agreed that proper compensation is as follows:

Pool turn Engineers (assigned or unassigned) required to attend classroom instructions will be compensated "make whole" if they miss their assignments, or, a basic day if class is attended on their day off.

Extra Board Engineers required to attend classroom instructions will be compensated a minimum of a basic day's pay at the rate of the last service performed for each calendar day the engineer is required to attend class. It is understood that each calendar day an engineer attends class that day will not offset days marked up and available on the extra board during the payroll period (e.g., each day in attendance will be prorated as if the engineer remained on the extra board during the payroll period.)

If you concur with the above clarification, please. indicate by signing in the space provided below and return a copy to the undersigned.

Sincerely yours,

BN 4/18/74 B

MEMORANDUM OF AGREEMENT

between

BURLINGTON NORTHERN INC.

and

BROTHERHOOD of LOCOMOTIVE ENGINEERS

Engineers shall, at intervals to be determined by management, be required to pass re-examination in the Consolidated Code of Operating rules and Safety Rules in the form and manner as prescribed by management.

Failure to pass scheduled examination will require the employee to present himself a second time within 30 days of such failure for re-examination.

If second failure occurs, the employee will be required to take the examination within 30 days of such second failure. At such third examination he may be accompanied by his Local Chairman, who will be permitted to review the examination results should the employee fail to pass on the third examination.

If third failure occurs, the employee will not be permitted to resume active service until such times as he has passed the required examinations.

Subsequent re-examinations, under such circumstances, will be arranged at the employee's request within reasonable limits, but not to exceed ten days beyond the date requested by the employee.

It is understood withholding the employee from service account failure to pass the required examinations the third time does not require formal investigation unless such is requested by the employee.

Failure to appear for re-examination as required will be considered the same as failure to pass the examination, unless evidence can be produced by the employee that such failure was due to illness, emergency, or conditions beyond his control.

This agreement shall become effective on the date signed.

Signed at St. Paul, Minnesota, this l8th day of April, 1974.