Memorandum of Agreement
between
Brotherhood of Locomotive Engineers and Trainmen
and the
Burlington Northern Santa Fe Railway Co.

 

The parties acknowledge the need to address promotional responsibility to engine service at the locations that LETP classes are assigned. In that resolve, this agreement will establish parameters addressing those needs. Additionally, the parties recognize that employees need to understand their obligations and responsibilities to engineer seniority. Accordingly, those demoted engineers who entered LETP after January 1, 2005 will be required to protect their engine seniority at the location where they entered the LETP Class for 3 years from the date of promotion as described herein. This application will be referred to as "primary recall".

1. In the event an engineer permanent assignment goes "no-bid" in accordance with the working schedules of the respective former roads, the junior demoted engineer at the location of the "no-bid" assignment will first be force assigned, if none, the junior demoted engineer at the supply point location or in the zone of the assignment will be force assigned.

2. If none, demoted engineers standing for "primary recall" shall be force assigned to the "no-bid" position ahead of other demoted engineers. This force assignment of the engineers standing for this "primary recall" will be accomplished by force assigning the junior demoted engineer standing for primary recall to the involved location who is assigned at the closest point by highway miles.

3. If none, the existing rules governing force assignment to assignments on the former BN Northlines, C&S, FWD, JTD and ATSF will continue to apply as currently described by the specific agreements governing force assignments to the respective former properties. For assignments on the former SLSF, the junior demoted engineer that does not stand for primary recall to the involved location will be force assigned from the closest point by highway mile, unless modified and/or amended by subsequent agreement(s).

4. The methodology for ascertaining the mileage between these locations for the purpose of force assigning will initially be accomplished by using an agreed upon method.

5. This agreement shall not be construed as changing or amending existing schedule rules, agreements or understandings with the Brotherhood of Locomotive Engineers and Trainmen, except as it is necessary to make the provisions of those schedule rules, agreements or understandings conform with this agreement. If there is any conflict between an existing schedule rule, agreement and/or understanding and a provision of this agreement, the provisions of this agreement shall apply.
 

This agreement shall become effective on    _______March 15, , 2005, and shall continue in effect accordance with the provisions of the Railway Labor Act, as amended.

For the Organization:                                              For the Carrier:

 

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Gentlemen:

This is to acknowledge our recent discussions regarding "primary recall" for demoted engineers. During our discussions it was understood that the "force assignment" provisions found in Section 1 of the agreement would not add to or subtract from the promotional responsibilities of engineers who are "prior righted" under existing agreements.

 It was also understood that the application of Section 1 will not affect the "Zone" specific application of ebb and flow in place at locations where there are multiple zones. When the individual zones are exhausted of demoted engineers at these locations, Section 2 will then be applicable.

Sincerely,

 

/s/ Milton H. Siegele, Jr.