MEMORANDUM OF AGREEMENT
Between
BNSF RAILWAY
And
BROTHERHOOD OF LOCOMOTIVE ENG~NEEERS AND TRAINMEN

In recognition of the mutual benefits of expediting the movement of traffic through the Vancouver, WA area, the following provisions are agreed to concerning the operation of through freight assignments headquartered at Vancouver for Shuttle Service. These assignments may be called based on the following:

1. The limits of this service will be between Vancouver, WA and:

a. Seattle Subdivision - MP 76.7 near Vadar
b. Falibridge Subdivision — MP 30 near Washougal

2. Engineers called under this agreement can shuttle cars within the limits in Section 1 operating into and out of Vancouver encompassed within the above limits without penalty. The term “cars” in this agreement represents a block of oars or a train. These shuttle engineers will not be required nor allowed to perform yard service or yard transfer service within the consolidated terminal. However, these shuttle engineers will be allowed to advance solid over the road trains within the limits of the consolidated terminal for outbound staging purposes only, to include over-the-road interchange trains.

3. These engineers will have no mileage limitation and will be paid on an hourly basis at the daily rate of pay of$244.561. These engineers will be allowed a trip rate of $398.57, which includes 8 hours straight time, 2 hours overtime, CA Code PD and Code NE in lieu of meal. Engineers will be expected to carry a lunch and the Carrier will not be obligated to provide a real meal; however, the Code NB will be payable whether the engineers are instructed to take a meal or not. All other rules and agreements not specifically addressed in this agreement remain undisturbed and are still payable under the appropriate CA code. Engineers in this service on duty more than 10 hours will be paid overtime accordingly. Examples: 1) engineer on duty 8 hours will be paid a trip rate, which includes 2 hours overtime; 2) engineer on duty 12 hours will be paid a trip rate, which includes 2 hours overtime, plus 2 hours overtime.

It was understood that extra shuttle jobs would be paid an additional 3.1 miles under Code MS for an additional meal allowance.

4. It was understood that this service would be protected from the extra board for 30 days, After those 30 days, it was agreed that the Parties would meet locally to discuss the operation and establish assignments at that time, if possible. These assignments will work five days per week and will have an established on duty show-up time. Vacancies and extra jobs will be filled from Vancouver Engineer’s Extra Board #30. Extra jobs in this service can be called at any time. It was understood that BNSF will bulletin and assign a regular assignment if extra jobs are worked with an on duty time within a four hour window for four consecutive days. A relief assignment could only be established based on rest days of the regular assignments. If an assigned engineer is not rested for his next assignment due to overtime worked on his own job, the assigned engineer will show for work on his rest.

5. The parties agree that relief shuttle assignments with varying starting times may be bulletined and assigned. Four (4) day relief assignments may be bulletined, but in the event the assignment goes no bid, it will not be filled by force assignment. Instead, it will be filled from the Vancouver Engineer’s Extra Board 30.

6. Engineers in this service will not be required to perform yard switching but can perform permissible moves under PEB 219. Because these engineers may handle more than one set of cars, the permissible moves set forth herein are calculated based on the following. If the engineer handles cars out of the terminal, that move is considered the engineer’s initial terminal for those cars and the engineer can perform three moves in connection with those cars in accordance with PEB 219. If the engineer handles cars into the terminal, that move is considered the engineer’s final terminal for those cars and the engineer can perform three moves in. connection with those cars in accordance with PEB 219. If the engineer handles the same cars into and out of the terminal, Vancouver will be considered as an intermediate location for that train, and the engineer is limited to one pick up and/or one setout within the Vancouver switching limits with those cars.

8. As part of discussions this date, it was understood that Shuttle Service covered by this agreement would be considered assignments qualifying under the Holiday Pay Agreement but would be allowed to take Personal Leave Days. However, no crew covered by this Agreement shall receive more than eleven personal leave days and paid holidays in any calendar year.

Engineer Personal Leave Day and Holiday Pay - $244.56 1 (8 Hour Daily Rate)

Overtime for working a Holiday will only be applicable to the first 8 hours of the day, calculated on the 8 Hour Daily Rate of$244.561 for Engineers. Overtime when working a Holiday will not be applicable to the other components in the Shuttle Service Trip Rate.

Engineer Annulment- $336.271 (10 Hour Daily Rate minus meal and CA Code PD)

9. Provisions contained in this agreement are agreed to on a strictly non-referable basis and will only be applicable to these outlined assignments. It was understood that this agreement would not establish a precedent applicable to future assignmnents.

This agreement shall be effective February 1, 2011 and remain in effect unless cancelled by any party with a twenty (20) day written cancellation notice.

Signed at Fort Worth, Texas this 24th day of January, 2011.
 

January 31, 2011

File: Vancouver Shuttle                                                             Side Letter No. 1

Mr. M. O. Wilson
General Chairman BLET
801 Cherry Street, Suite 1010, Unit 8
Ft. Worth, TX 76102

Mr. Wilson:

This letter refers to Side Letter No. 1 File Portland/Vancouver Extension General Switching Limits.

It was agreed to change the General Switching Limits on the Seattle Subdivision from MP 120.0 at Ridgefield, WA to MP 130.7 near Felida.

If you agree that this reflects our discussion and understanding, please affix your signature below.

Sincerely,
 

File: Vancouver Shuttle                                                             Side Letter No. 2

Mr. M. O. Wilson
General Chairman BLET
801 Cherry Street, Suite 1010, Unit 8
Ft. Worth, TX 76102

Mr. Wilson:

It was understood that the shuttle jobs would not supplant the 2 NP Vancouver Road Switcher assignments currently used to service various customers. Therefore, it was agreed that BNSF would provide records showing the units handled to these industries. BNSF agreed that two road switcher assignments would remain in place so long as BNSF operated the Vancouver shuttle crews.

BNSF will not reduce the number of road switcher assignments below 2 unless it can be shown that the business units are reduced to a level not justifying 2 five day assignments.

We also discussed the SP&S Road Switcher (Camas) assignment and it was understood that this assignment would not be changed so long as this shuttle agreement is utilized.

It was understood that this side letter would no longer apply if either party exercises their right to cancel the Vancouver Shuttle Agreement.

If the above accurately reflects this understanding, please. affix your signature below.

Sincerely,

 

File: Vancouver Shuffle                                                           Side Letter No. 3

Mr. M. O. Wilson
General Chaliman BLET
801 Cherry Street, Suite 1010, Unit 8
Ft. Worth, TX 76102
Mr. Wilson:
In section 4 of the Vancouver Shuttle Agreement, the Parties agreed to meet after 30 clays
to review the records and determine if it was possible to establish assignments.
It was understood that the Parties would meet once every month thereafter to follow up
on the operation including the establishment of more assignments or making other
adjustments as necessary.
If the above accurately reflects our understanding, please affix your signature below.
Sincerely,