OPS 16-85
MEMORANDUM OF AGREEMENT
Between
BURLINGTON NORTHERN RAILROAD COMPANY
And
BROTHERHOOD of LOCOMOTIVE ENGINEERS
Under the provisions of Article VIII of the Agreement dated May 13, 1971, intraseniority district service for Locomotive Engineers may be established to work (and/or deadhead) in unassigned through freight service between the Portland, Oregon/Vancouver, Washington, consolidated terminal and Pasco, Washington, through the existing terminal of Wishram, Washington, subject to the following provisions.
The home terminal will be the Portland/Vancouver consolidated terminal and the away - from - home terminal will be Pasco. Wishram shall not be a terminal for Engineers working in this service and the terminal release rule (presently SP&S Rule 11) shall not apply to them at Wishram. Except as otherwise specified in this Agreement, existing pool crew agreements and understandings shall apply.
(a) A pool of Engineers (hereinafter sometimes referred to as "long pool Engineers") will be established and maintained, as hereinafter provided, at Portland/Vancouver consolidated terminal to protect this intraseniority district service.
(b) The present arrangement for the use of Engineers (who are categorized as "short pool Engineers") headquartered at Wishram who protect such service between Wishram and Pasco and between Wishram and Bend may be maintained, subject to the mileage regulation agreement. Such short pool Engineers will rotate among themselves, separated entirely from the long pool Engineers.
(a) The long pool of Engineers, assigned to protect this intraseniority district service, shall be subdivided and used as follows for eastbound trips:
(1) Four of the long pool Engineers shall be assigned to a preference pool to operate the first train originating at Portland/Vancouver (destined to Pasco) at or after 5:15 a.m. If such a train is not operated within eight hours thereafter, the engineer who would have been entitled to be called for it, will have preference to the first Pasco-bound deadhead or service call for a long pool crew.
(2) Four of the long pool Engineers shall be assigned to a preference pool to operate the first train originating at Portland/Vancouver (destined Pasco) at or after 5:15 p.m. If such a train is not operated within eight hours thereafter the engineer, who would have been entitled to be called for it, will have a preference to the first Pasco-bound deadhead or service call for a long pool crew.
(3) The balance of the long pool Engineers headquartered at Portland/Vancouver shall be assigned initially to another pool to operate all other trains in unassigned through freight service between Portland/Vancouver and Pasco.
(B) The Engineers assigned to the three freight pools under the provisions of paragraphs (a)(1), (a)(2) and (a)(3) above, will rotate (each pool separately) among themselves first-in / first-out at Portland/Vancouver (subject to the restoration-of -turn provisions contained in this agreement).
(a) If no engineer (assigned to these pools) is available for a service or deadhead call at Portland/Vancouver to which the particular pool is entitled, an extra engineer will be called and used. Such extra engineer will be treated as though he was an assigned long pool engineer until he returns to Portland/Vancouver.
(b) (1) The number of Engineers to be assigned to these pool will be regulated in the basis of assigning a sufficient number of Engineers so they will average between 3600 and 4100 line miles per month, unless otherwise agreed to locally.
Section 4 (b),(1) of the agreement, the BLE Division at Portland-Vancouver may index the mileage regulation figures specified to the extent desired to offset the loss of earnings attributable to the increase in the basic day occurring as a result of Article IV, Section 2 of the Award of Arbitration Board No. 458 and related provision of Public Law 102-29. It is understood that the decision to index mileage is left to the sole discretion of the BLE Division at Portland-Vancouver (as expressed through and by the BLE Local Chairman) subject only to the limitations as set forth below.
The mileage range as specified in Section 4(b),(1) may be increased from the existing 3600 to 4100 miles per month up to, but not to exceed, 4126-4626 miles per month. It is intended that the pool will be regulated to provide an average falling with this range.
(2) For the purpose of adjusting the number of Engineers’ turns in these freight pools, only line mileage for the road trip service shall be used. Within 5 days following the close of the semi- monthly pay period, the carrier shall furnish the involved Local Chairman a semi-monthly report showing line miles run by Engineers in these pools. Line miles, both working and deadheading, will be treated as equals for regulation purposes.
Section 4(b),(2) of the agreement would be amended so as to provide that for the purpose of mileage regulation, deadheads in the ID pool would be counted as 100 miles instead of the actual mileage as written. This is in recognition of the provisions of Article VI of the Award of Arbitration Board No. 458.
Section 5
(a) Engineers in all of these long pools that work or deadhead into Pasco (i.e. the 2 sets of Engineers in the preference pools and in the other long pool) will be intermingled upon arrival at Pasco and will be called for service and/or deadheading to Portland/Vancouver (on-duty or report-for- deadhead times), subject only to their availability and the requirements for rest.
(b) At Pasco, if one of these Engineers is to be called to deadhead on the same train on which another engineer is to be called to work, and one of them is not rested, the rested engineer will operate the train and the other engineer will deadhead. (If both engineers are rested, the first-out engineer is to deadhead and the second-out engineer to operate the train).
(c) Upon arrival at Portland/Vancouver, Engineers in all three of these long pools will be marked up on their respective pool lists in the order of their last order of call at Portland/Vancouver (on-duty or report-for-deadhead time).
(d) At Portland/Vancouver, if the first-out engineer is not rested under the hours of service act, the next following long pool engineer who is rested will be used. No "run-around" penalty will be due when this occurs.
(e) At either of the two terminals, if possible when no other trains would be delayed thereby, the first- out Engineers call may be held up for as long as 30 minutes so that he may obtain full rest and depart in his proper standing.
(f) Engineers assigned to all three of these long pools may be called to go on duty (or report for deadheading) at either Portland or Vancouver yard (or at the passenger stations when called to deadhead via passenger trains) for an eastbound working (or deadhead) trip. However, if they do not work or deadhead via freight train back to the same yard on their return trip, ,they will be promptly furnished transportation to the on/off duty point.
(g) There shall be no "run-around" penalty due for departing the terminal in other than order of call. This refers to so-called "terminal run-arounds" and not to "board run-arounds" (the latter, subject to exceptions contained in this agreement, will be allowed under the provisions of Schedule Rule 46).
Section 6
(a) The mileage to be paid these long pool Engineers for working between Portland/Vancouver and Pasco will be as follows, depending upon the yard at which they obtain their eastward-bound train.
(I) Portland to Pasco, 234 miles
(ii) East St. Johns to Pasco, 227 miles
(iii) Vancouver to Pasco, 224 miles
Section 6 of the agreement and amending paragraph (a) thereof to provide that Engineers working between Vancouver and Pasco and visa versa will be paid 224 miles at appropriate basic day and overmile rates; Engineers working between any other location in the consolidated Portland-Vancouver BN terminal and Pasco and visa versa will be paid 234 miles at appropriate basic day and overmile rates.
The mileage to be paid from or to other points within these terminals will be agreed upon locally (but operating their train to and from a foreign line yard is covered by paragraph © of this Section. All such miles will be paid at the rate applicable to the first 100 miles.
(b) The mileage to be paid these Engineers for working westward from Pasco to Portland/Vancouver (because of the application of the final terminal delay rule) shall be 224 in all cases, at the rate applicable to the first 100 miles.
Paragraph (b) is amended to read:
All miles run in excess of the miles encompassed in the basic day shall be paid for at a rate calculated by dividing the basic daily rate of pay in effect on May 31, 1986 by the number of miles encompassed in the basic day as of that date. Weight on drivers additives will apply to mileage rates calculated in accordance with this provision.
Pursuant to Article V of the Award of Arbitration Board No. 458, Paragraph (c) would no longer have application.
(c) When one of these Engineers delivers his inbound train to a foreign line yard, he will not be paid additional miles (instead, his final terminal delay is computed until he ties up at his regular on/off duty point). When one of these Engineers obtains his train and departs from a foreign line yard he will be entitled to the additions train miles, if any, commencing at the foreign line yard(but the computation of initial terminal delay ceases when the train commences it’s departure from that foreign line yard, subject to the application of section 8(h) hereof).
(d) Long pool Engineers deadheading in either direction between Vancouver and Pasco by train will be allowed 224 miles, and between Portland and Pasco, they will be allowed 234 miles, both at the appropriate deadhead rate of pay. All such miles to be paid at the rate applicable to the first 100 miles. When deadheading via other than train, they will be allowed actual miles traveled.
With regard to Paragraph (d), it was further understood that payments for deadheading will be in accordance with the provisions of Article VI of the Award of Arbitration Board No. 458.
Section 7
Extra Engineers will fill vacancies on these long pools and the Engineers assigned to these long pools will lay off and report at the pool’s home terminal, except in cases of sickness or other personal emergency. If a regular engineer lays off account sickness or other personal emergency at the away from home terminal, the vacancy will be filled by using the demoted engineer on the crew if there is one; if none, use the senior rested demoted engineer who is available at that point who is assigned on another crew in the long pool; if none, use the first-out extra engineer at the vacancy point (and then deadhead him back to his home extra board point).
Section 7 of the agreement is amended in its entirety to read as follows:
Except as otherwise provided extra engineers will fill vacancies on these long pools. Engineers assigned to the long pool turns will lay off and report at the home terminal (Portland-Vancouver), except in cases of sickness or other personal emergency. If an engineer in this pool lays off account sickness or other personal emergency at the away-from-home terminal, the vacancy will be filled in the following manner:
(1) Use the engineer standing next out at the away from home terminal in this pool. Whenever an engineer is shoved up in accordance with this paragraph an extra list engineer from the extra board at Portland-Vancouver is to be called and deadheaded to the opposite terminal to fill the vacancy created by the engineer(s) shoved up.
(2) If the extra board is exhausted use the senior demoted engineer at Portland-Vancouver.
(3) If none, use the senior rested demoted engineer available at the vacancy point who is assigned on another turn in the same pool.
NOTE: When engineers are moved up within the pool to fill vacancies as set forth above, it is understood that said engineer(s) will not carry more than one (1) turn with them, i.e., no "paper deadheading". It is further understood that engineers moved up will be restored to their proper position (as formerly held) upon arrival at the home terminal and will be paid the earnings of the trip or the amount s/he would have earned had s/he remained on their own turn, whichever is greater.
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that there would be one designated place where Engineers would go on and off duty at Portland-Vancouver and at Pasco.
Section 8
(a) Engineers (including demoted Engineers) who are assigned to this long pool service, will not be used in other engineer service except when there is no other qualified engineer (including demoted Engineers who is headquartered and available at that source of supply for the other service. If it is necessary to use a demoted engineer to protect a long pool vacancy at the home terminal of these assigned long pool crews: (1) Use the demoted engineer to the turn on which the vacancy exist; (2) if none, use the senior rested and available demoted engineer assigned to another long pool crew, and (3) if none, use the senior rested and available demoted (Portland/Vancouver-Wishram) zone) engineer in other road service assigned at that headquarters point and, (4) if none, use the senior rested and available demoted (Portland/Vancouver -Wishram zone) engineer who is assigned in yard service at that vacancy point.
(b) An engineer (or demoted engineer) assigned in this long pool service, who in other service because no other engineer is available (as defined in paragraph (a), above) will be paid not less than he would have earned had he remained on his pool turn.
(c) Long Pool Engineers called in this intraseniority district service will not be tied up between terminals of their runs or turned back to initial terminal, except when their movement is prevented (e.g., derailment of their trains), or their route to destination is obstructed or impassable (i.e., wrecks and washouts). If the engineer is returned to his initial terminal for these reasons, he shall be paid continuous miles for the trip terminal - until return (but not less than the straight - away mileage terminal-to-terminal ) or hours if greater, and the engineer shall be restored to first-out position (available after rested). Subject to the foregoing exceptions; Long Pool Engineers will not be tied up en route or turned back to their initial terminal.
During our discussions it was understood that all payments for penalties in this agreement providing for 100 miles will, in recognition of the provisions of Article IV, Section 2 Award 458 and PL 102-29, respectively, be at the appropriate basic daily mileage in effect on the date of the occurrence giving rise to a particular claim.
(d) Long Pool Engineers who are tied up under the hours of service law (as contemplated by the agreement rule) will be transported back to their initial terminal or on to their final terminal, as soon as possible except that when such crews are tied up en route because their train’s movement is prevented or their route is obstructed or impassable, they may be required to take rest and then handle their train to their original destination.
(e) Long Pool Engineers that are tied up under the hours of service law, and if to be relieved by another road crew will be furnished in a manner as agreed to locally.
(f) If an engineer who is working (or deadheading) in this long pool service is tied up under the hours of service act before completing the trip, he will be paid on a minute basis at the rate of 3/16 of the basic daily rate per hour (12-1/2 MPH for deadheading) applicable to his trip from the expiration of the legally permissible "on-duty" hours until he arrives at (1) the fixed on/off duty point at Portland/Vancouver or Pasco, or (2) a location where lodging and meals are available, whichever occurs first. The provisions of Article II (expenses Away From Home) of the June 25, 1964 National Agreement, as amended, and Burlington Northern labor Agreement 8/1/80 apply at Pasco.
(g) It is understood that the extended through freight runs referred to herein are bona fide through freights, and it is not intended that these runs be required to perform station or industry switching. If, however, such service is required of an engineer , he will be allowed the additional time consumed with a minimum of one hour at the pro-rata rate for the trip for each occurrence (i.e., each station where such is required), in addition to all other compensation for the day or trip.
(h) In the application of initial terminal delay rules, the phrase "train leaves the terminal" means when the train actually starts on it’s road trip from the track where the train is first made up. However, if the train is moved off the assembly track for the convenience of the Carrier and not with the intent of making a continuous outbound move, initial terminal time will continue until continuous outbound movement is started. The continuous move is not disrupted when a train is stopped to permit the lining of a switch or because the block is against them.
(I) When a long pool Engineer qualified for any payment under Schedule Rule 28(a), captioned "Train Abandoned", he will continue to stand first-out in either case mentioned therein. When he has performed some service or has been called or released under that rule and is returned to the first-out position, he will not be called for service again until he is rested (except he may be called to Deadhead to his home terminal before he is rested) and in such event, he will be allowed not less than 100 miles for the call and release, and it is recognized that other Engineer(s) may be called around him without penalty while he is resting.
Notes: (1) The provisions of this paragraph do not apply to individual Extra Engineers when the call and release occurs at their Extra Board terminal; but, instead such Engineers will be handled (and paid) in accordance with applicable schedule agreement rules.
(2) It is understood that when a crew has been called and released in a manner that did not interrupt their "rest" under the hours of service act, then the crew retains their position and are already rested (i.e., they do not require an additional eight hours rest before being subject to another call).
(j) Nothing contained in this agreement is intended to prohibit these long pool turns from being used on trains that traverse only part of the specified long pool territory provided they are then transported forward to the opposite terminal as contemplated by paragraph (c), above. Likewise, nothing in this agreement is intended to prohibit these long pool turns and other crews from exchanging or combining trains en route so long as they work to their objective terminal, consistent with Section 16(a) of this Agreement.
Section 9
(a) When an engineer is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service established hereunder, the Carrier shall authorize and provide suitable transportation between the reporting or relief point and the normal on/off duty point.
NOTE: Suitable transportation includes Carrier owned or provided passenger-carrying motor vehicles or taxi, but excludes other forms of public transportation.
(b) Normally, Engineers working or deadheading via freight train in this long pool crew service will not be permitted to stop their train for the purpose of taking a meal but, instead, will be allowed $3.85. However, if an engineer requests to be permitted to leave his train in order to eat en route and if he is granted permission to do so, he will not be entitled to the $3.85 allowance. If the meal allowance of $3.85 now provided for in the National Agreement pertaining to expenses away from home is subsequently increased, the amount provided for in this paragraph will be increased to the same extent.
Section 10
(a) Suitable lodging (as defined in BN labor agreement 8/1/80) shall be provided at Pasco for long pool Engineers in the service. When the lodging is 3/4 mile or more from the on-and off-duty point, the Carrier will provide suitable transportation in both directions. At such locations, if transportation is not available within 30 minutes following the time the engineer is released from duty, the engineer will be paid on a minute basis at the pro rata rate of the last service (or deadheading ) performed, for all time in excess of 30 minutes, until transportation is provided. If rooms are not available when an engineer arrives at lodging facility, the engineer will be paid on the minute basis at the pro rata rate of the last service (or deadheading) performed, for all time in excess of 30 minutes until a room is available or he commences duty for deadheading, whichever occur first.
(b) At the away-from-home terminal, when the nearest acceptable restaurant facility is 3/4 mile or more from the designated lodging facility, Carrier will provide transportation between such restaurant facility and lodging facility and visa versa so that Engineers may obtain a meal upon arrival and a meal prior to departure, each trip.
Section 11
Disciplinary hearings or investigations involving a long pool engineer will normally be held at the Engineers home terminal except when there are other principals who live elsewhere. However, if the investigation is held at a location other than the Engineer’s home terminal, he will be paid for travel time and the time consumed by the investigation on a minute basis at the pro rata rate of pay which he received for the last previous service performed unless it is established in the investigation that the engineer was guilty of a rules violation which results in suspension or discharge. However, should an engineer lose a trip as a result of attending an investigation which does not establish a rule violation by him which results in his suspension or discharge, he will be allowed not less than the earnings of the engineer who relieved him. Should an engineer be tied up at the location where the investigation is held the provisions of Article II (Expenses Away From Home) of the June 25, 1964 Agreement, as amended, will apply. Transportation to and from investigations held at other than home terminals will be provided by the Carrier.
Section 12
Engineers who are required to deadhead over the expanded district under the provisions of this agreement, will be provided with reasonable comfort while so deadheading. Whenever an engineer is required to deadhead on a freight train, comfortable seating for both the working crew and the engineer being deadheaded will be provided. If a caboose of the type now in service is used, no more than one crew will be deadheaded on the working caboose of the train.
During our discussions with regard to Section 12 of the agreement it was understood that engineers who are required to deadhead by freight train from the away from home terminal would have the opportunity to take rest (8 hours) prior to commencing the deadhead.
Section 13
(a) Engineers will be furnished lockers and adequate washroom facilities at Portland/Vancouver. Present locker arrangement at the Pasco lodging facility is satisfactory. New lockers purchased in the future, will be at least 21" X 18" X 72" unless otherwise agreed locally.
(B) The foregoing items on locomotives used in this intraseniority district service will be maintained in proper condition:
(i) Operable speed recorders on lead unit
(ii) Cab heaters
(iii) Cab weather-stripping
(iv) Windshield and wiper
(v) Drinking water and operable cooler
(vi) Toilet Facilities
(vii) Working radio on operating (lead) unit.
Engineers will report defects of items listed above on proper form supplied for such purpose. Notation by Engineers of defects will contain sufficient detail to enable prompt identification and correction of such defects.
Section 14
In this intraseniority district service, Engineers will not be expected to qualify themselves on their own time over territory with which they are not acquainted. The Carrier will provide pilots, who shall be Engineers from the Engineers’ working list when available for such service, or will pay Engineers on a mileage basis to make qualifying trips. To initially expedite their qualifications, for the first 45 days the Carrier may utilize Engineers assigned in this long pool service, augmenting them by using extra Engineers, to make combination qualifying/piloting trips. After an extra engineer becomes qualified on the territory, he may be bypassed on the extra board, in order to facilitate the qualification of another extra engineer.
The carrier may work such a pilot for the entire trip or only the portion on which he is needed, and in the latter instance may work and/or transport that pilot straight-away or turnaround with more than one crew (on a continuous-time or mileage basis) and without regard to the terminal release rules except at Portland/Vancouver and Pasco.
The carrier will determine the number of trips an engineer should make to become qualified.
Section 15
If any agreement is reached in negotiations between the Brotherhood of Locomotive Engineers and the National Railway Labor Conference which amends Article VIII of the May 13, 1971 Agreement and such amendments improve the conditions provided for in this agreement, those provisions will supersede the provisions of this agreement.
Section 16
(a) Except as specifically provided herein, nothing contained here shall be construed as modifying, amending or superseding any of the provisions of schedule agreements between the Brotherhood of Locomotive Engineers and the former SP&S Railroad or this Carrier, and the merger protection Agreement as implemented between the Carrier and the Brotherhood of Locomotive Engineers.
(b) This intraseniority district service may be inaugurated upon 30 days advance written notice by the Carrier.
(c) This agreement shall remain in effect until changed under the provisions of the Railway Labor Act, as amended.
During our discussions it was understood that engineers in this service will be allowed fifteen dollars ($15.00) in lieu of lodging at the away-from-home terminal. When such allowance is claimed the engineer will not be entitled to Carrier provided lodging.
Signed at Ft. Worth, Texas this 13th day of June, 1985
For: Brotherhood of Locomotive Engineers FOR: Burlington Northern Railroad Company
BY: s/ R. E. Pelava BY: s/ W. C. Sheak
General Chairman Director- Employee Relations
BY: s/ J. J. Ratcliff
Assistant Vice- President
Labor Relations
Local Chairman, Div. 758
Brotherhood of Locomotive Engineers