MEMORANDUM OF AGREEMENT
between
BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY
and
THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN
Pursuant to the Carrier's notice dated August 19, 2005 to extend the present
switching limits at Portland, OR/Vancouver, WA, in accordance with Article II of
the May 13, 1971 BLE National Agreement, the parties agree to the following
conditions:
| Present General Switching Limits East - MP 13.16 (Eavan) North - MP 132 + 1260 (Vancouver Jct) West - MP 2.13 (Portland) South – Portland End of Track |
New General Switching Limits |
Each yard crew assignment will have a specified on and off duty point within the confines of the consolidated terminal. The designated on and off duty point will not be changed without 48 hours advanced written notice.
a) When an engineer is required to
report for duty or relieved from duty at a point other than the fixed on and off
duty point, the Carrier shall provide transportation for the engineer.
b) Suitable transportation includes Carrier owned or provided passenger-carrying
motor vehicles or taxi.
The utilization of yard engineers to perform Hours of
Service Relief and service to customers in road territory will continue to
be measured from the switching limits as they existed on July 26, 1978,
except by mutual agreement.
Engineers in road service will continue to operate in the
same manner; however; they will now be able to get or leave their trains at
any location within the new limits of the terminal with the additional
mileage added to their trip. A CA Code will be developed for the payment of
the additional miles run in delivering their train where final yarding
occurs.
Engineers will receive their normal mileage, plus any
terminal lite miles for which they qualify.
This understanding, except as specifically stated herein,
will not serve to modify, amend, nor otherwise supersede any applicable
schedule rule or agreement.
This Agreement and the Side Letters will become null and
void in the event the new switching limits cited herein are extended as the
result of a future notice and/or consolidation.
This understanding will become effective on _April 1, 2006, and will remain in effect subject to cancellation under the provisions of the Railway Labor Act, superseding any provisions of previous agreements to the contrary.
| The Brotherhood of Locomotive Engineers and Trainmen: |
Burlington Northern Santa Fe Railway Company: | |
| /s/ Dennis R. Pierce General Chairman BLET |
/s/ M H. Siegele M.H. Siegele, Jr. AVP Labor Relations /s/ RL Luther R. L. Luther General Director Labor Relations |
| BNSF Milton H.
Siegele Asst. Vice President Labor Relations |
BNSF Railway Co. |
| PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Fort Worth TX 76161-0030 Phone: 817-352-1068 Fax: 817-352-7319 Email: Milton.Siegele@BNSF.com |
February 3, 2006
File: Portland/Vancouver Side Letter No. 1 Extension General Switching Limits
Mr. D. R. Pierce
General Chairman BLET
801 Cherry Street, Suite 1010
Ft. Worth, TX 76102
Dear Mr. Pierce:
I am writing in connection with the Carrier's notice dated August 19, 2005,
regarding the extension of the general switching limits at Portland, OR/
Vancouver, WA pursuant to the provisions of Article II of the May 13, 1971 BLE
National Agreement.
In connection with the extension of the general switching limits at
Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP
120.0 at Ridgefield, WA, the parties agreed to establish road switcher service
at Portland/Vancouver to operate northward on the Seattle Subdivision utilizing
the provisions of the BN-BLE Road Switcher Agreement dated April 14, 1988 except
as modified herein.
The parties further agreed to the following provisions governing the road
switcher assignments:
The limits of these road switcher assignments will be the
consolidated Vancouver/Portland Terminal to MP 93 on the Seattle
Subdivision.
Road switcher assignments may operate in any direction
within the limits of their territorial boundaries, including into and out
of, the terminal of Portland/Vancouver.
In addition to their regular duties, these road switcher
movements in the assigned road territory will include hours of service
relief, shuttling trains to road territory from any location within the
consolidated terminal, shuttling trains from road territory to any location
within the consolidated terminal, or yarding trains received in road
territory within the consolidated terminal on designated tracks, to include
interchange.
These road switcher assignments will not be required nor
allowed to perform yard service or yard transfer service within the
consolidated terminal. However, these road switchers 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.
The Carrier may call extra road switcher assignments on as
needed basis due to its operational requirements. Extra road switcher
assignments may perform all service outlined above similar to regularly
assigned road switcher without penalty.
The Carrier may call extra road switcher assignments at any
time of the day except 12:01 a.m. to 5:01 a.m. These extra road switchers
may perform all service outlined above similar to these regularly assigned
road switchers. In the event extra road switchers are called for four (4)
consecutive days, a permanent road switcher assignment will be bulletined
and assigned to work.
The parties agree that relief road switcher assignments with varying start 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 extra board.
If the foregoing correctly describes our understanding, please signify your
concurrence in the space provided below.
Sincerely,
AGREED:
/s/ Milton H. Siegele
/s/ D. R. Pierce
General Chairman BLET
| BNSF Milton H.
Siegele Asst. Vice President Labor Relations |
BNSF Railway Co. |
| PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Fort Worth TX 76161-0030 Phone: 817-352-1068 Fax: 817-352-7319 Email: Milton.Siegele@BNSF.com |
February 3, 2006
File: Portland/Vancouver Side Letter No. 2
Extension General Switching Limits
Mr. D. R. Pierce
General Chairman BLET
801 Cherry Street, Suite 1010
Ft. Worth, TX 76102
Dear Mr. Pierce:
This refers to the Carrier's notice dated August 19, 2005, regarding the
extension of the general switching limits at Portland, OR/Vancouver, WA pursuant
to the provisions of Article II of the May 13, 1971 BLE National Agreement.
In connection with the extension of the general switching limits at
Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP
120.0 at Ridgefield, WA, the parties discussed the current operation of the
Longview Local that operates southward toward Portland/Vancouver. Presently this
assignment performs switching on the two (2) sidings located at Ridgefield, WA
on cars to be handled back north toward Kalama, WA. After the general switching
limits are extended to MP 120.0 to include Ridgefield, the parties agreed that
the Longview Local will continue to perform this switching service at Ridgefield
without penalty to any yard or road crew. It was further agreed that this
switching service performed, without penalty, within the general switching
limits is confined only to the Longview Local.
If the foregoing correctly describes our understanding, please signify your
concurrence in the space provided below.
Sincerely,
AGREED:
/s/ Milton H. Siegele
/s/ D. R. Pierce
General Chairman BLET
| BNSF Milton H.
Siegele Asst. Vice President Labor Relations |
BNSF Railway Co. |
| PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Fort Worth TX 76161-0030 Phone: 817-352-1068 Fax: 817-352-7319 Email: Milton.Siegele@BNSF.com |
February 3, 2006
File: Portland/Vancouver Side Letter No. 3
Extension General Switching Limits
Mr. D. R. Pierce
General Chairman BLET
801 Cherry Street, Suite 1010
Ft. Worth, TX 76102
Dear Mr. Pierce:
This refers to the Carrier's notice dated August 19, 2005, regarding the
extension of the general switching limits at Portland, OR/Vancouver, WA pursuant
to the provisions of Article II of the May 13, 1971 BLE National Agreement.
In connection with the extension of the general switching limits at
Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP
120.0 at Ridgefield, WA, the parties discussed the pending construction of a new
grain yard facility to be built near Woodland, WA, just outside the new limits
of the Portland/Vancouver Terminal on the Seattle Subdivision. The parties
agreed that upon completion of this new grain yard at Woodland, it would be
permissible to utilize Portland/Vancouver-Pasco ID engineers to operate to and
from the grain yard through Portland/Vancouver in order to service this
facility. It was further agreed that when these ID engineers operate to and from
the grain yard at Woodland, they will be allowed actual miles run.
If the foregoing correctly describes our understanding, please signify your
concurrence in the space provided below.
Sincerely,
AGREED:
/s/ Milton H. Siegele
/s/ D. R. Pierce
General Chairman BLET
| BNSF Milton H.
Siegele Asst. Vice President Labor Relations |
BNSF Railway Co. |
| PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Fort Worth TX 76161-0030 Phone: 817-352-1068 Fax: 817-352-7319 Email: Milton.Siegele@BNSF.com |
February 3, 2006
File: Portland/Vancouver Side Letter No. 4
Extension General Switching Limits
Mr. D. R. Pierce
General Chairman BLET
801 Cherry Street, Suite 1010
Ft. Worth, TX 76102
Dear Mr. Pierce:
This refers to the Carrier's notice dated August 19, 2005, regarding the
extension of the general switching limits at Portland, OR/Vancouver, WA pursuant
to the provisions of Article II of the May 13, 1971 BLE National Agreement.
In connection with the extension of the general switching limits at
Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP
120.0 at Ridgefield, WA, the parties agreed to establish road switcher service
at Portland/Vancouver to operate northward on the Seattle Subdivision utilizing
the provisions of the BLE/BN Labor Agreement BN 4-14-88, OPS 1-88, including the
March 31, 1988 side letter.
Rates of Pay for these Road Switchers will be as follows; Road Switcher rates of
pay in effect for engineers on former NP territory working under BLE/BN Labor
Agreement BN 4-14-88, OPS 1-88 (5 Day Yard Rate) will be increased by 12.5%. All
permanent General Wage Increases and COLA increases found in the December 16,
2003 and subsequent BLE National or On Property Agreements will be applied to
these rates in the same manner prescribed for a typical GWI or COLA.. These road
switcher assignments will also be allowed a payment of thirty (30) minutes at
the new working rate in lieu of eating. Crews will be expected to carry a lunch
and the Carrier will not be obligated to provide a road meal, however, the 30
minutes will be payable whether the crew is instructed to take a road meal or
not.
In addition, pursuant to Article 8 of BLE/BN Labor Agreement BN 4-14-88, OPS
1-88, when it is decided that an assignment is to be annulled for more than two
(2) consecutive bulletined working days, because of an Act of Providence as
described in Article 8, if requested by the incumbent engineer, the assignment
will be abolished and the incumbent engineer will be allowed to exercise their
seniority in accordance with prevailing schedule rules and agreements.
If the foregoing correctly describes our understanding, please signify your
concurrence in the space provided below.
Sincerely,
AGREED:
/s/ Milton H. Siegele
/s/ D. R. Pierce
General Chairman BLET