BN
MEMORANDUM OF AGREEMENT
Between
BURLINGTON NORTHERN RAILROAD COMPANY
And The
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
The purpose of this agreement is to establish uniform conditions governing the transfer of engineers
from one seniority district to another on Burlington Northern Railroad Company's system, Including
the relinquishment and establishment of engineer seniority dates. Now, therefore, it is agreed:
SECTION 1 - TRANSFERS BY RIGHT
Employees who have seniority dates as engineers will be entitled, under this Section, to transfer as
engineers to other seniority districts whenever they are unable to hold any positions In train, yard or
engine service on their present seniority districts. Employees eligible to transfer under this Section
may transfer to any location on any other seniority district where they can hold service as an engineer
immediately upon their transfers, utilizing the seniority dates they will establish pursuant to the terms
of this agreement.
SECTION 2 - TRANSFERS BY PRIVILEGE
Employees who have seniority dates as engineers who wish to transfer to other seniority districts but
are not entitled to transfer under Section 1 above, may, at the Carrier's discretion be allowed to
transfer as engineers under this Section. Before employees may transfer under this Section the
transfers must be authorized by the Carrier, in writing, Including the effective date of the transfers and
the seniority districts to which transferred specified. The Carrier has the sole discretion to authorize
transfers under this Section and to specify the seniority district to which an employee is allowed to
transfer.
SECTION 3 - RELINQUISHMENT AND ESTABLISHMENT OF SENIORITY
(a) Employees transferring under this agreement will be required to relinquish, in writing their seniority
as engineers on the seniority districts from which transferring at the time of their transfers.
(NOTE: This agreement only deals with the transfer of employees as engineers and,
in connection therewith, the effect on those employees' seniority as engineers. When an employee
transfers under this agreement, the effects if any, on the employee's seniority in any other crafts or
classes would be governed by the collective bargaining agreements covering those crafts or classes.)
(b) Except as provided in paragraph (c) below employees transferring under this agreement will
establish seniority dates as engineers on the seniority districts to which they are transferred that Is
the same as their seniority dates on the districts from which transferred, provided however that their
new seniority dates will be no earlier than the effective date of this agreement. The employees will be
ranked on the rosters according to these new dates, behind all other engineers on the rosters with the
same date, as if they had established seniority on those districts in the usual manner.
(c) Employees who have established seniority dates as engineers prior to the effective date of this
agreement are subject to the provisions of this Section, provided, however, that employees who
relinquish their seniority dates due to transfers to other seniority districts under the terms of this
agreement and subsequently transfer back to their original seniority districts pursuant to Sections 1 or
2 above will, upon transferring back to their original seniority districts, establish seniority dates on
those districts as engineers that are the same as their original seniority dates as engineers, and they
will be ranked on the engineers' roster according to their original rankings thereon.
(d) If two or more engineers have the same seniority date, they will be ranked according to their
earliest date of hire with the company (continuous employment), the employee with the earliest date
of hire being ranked ahead of the others. If the earliest date of hire is the same, the oldest employee
in attained age will be ranked first.
SECTION 4 - EFFECT
(a) This agreement does not apply to temporary transfers as engineers for periods of
ninety (90) days or less duration.
(b) This agreement supersedes all other agreement provisions that are in conflict with
it, and shall become effective on the first day of November, 1990.
Signed at Fort Worth, Texas this 1st day of NOVEMBER, 1990.
For: BROTHERHOOD OF LOCOMOTIVE For: BURLINGTON NORTHERN
ENGINEERS RAILROAD COMPANY