Mr. Chris James
Trainmaster
BNSF Railway
725 Waverly Dr. NE
Albany OR 97321

September 23, 2000

Mr. James,

Regarding your letter dated March 21, 2000 addressed to Mr. Stan Ferguson, UTU local chairman and myself, concerning 2nd beans at Albany Oregon:

While I can see the position you wish to take regarding payment for a second meal period after 10 1/2 hours on duty for yard crews, unfortunately you are incorrect on your interpretation. Paragraph (b) of the 1974 letter of understanding says a crew being required to work in excess of 10 hours and 30 minutes, and not granted a second meal period will be permitted to claim an additional 30 minutes at the punitive rate in addition to all other allowances for the tour of duty. The crew must be given their meal period prior to the expiration of 10 hours 30 minutes.

It is the position of the General Committee of Adjustments, BNSF/MRL, and this committee that in order for the carrier to avoid a punitive payment for a 2nd beans, the second meal period must be completed before the expiration of 10 hours 30 minutes. Like the first meal period, if this is not accomplished within this period, the employee is entitled to the 30 minutes at punitive rate, plus the employee is still entitled to the meal period.

If it is your desire to put the yard crew to lunch after 10 hours 30 minutes, this is fine, as the crew will be allowed the meal period, plus the punitive payment.

I remain,

Respectfully,

RE Etienne
Local Chairman
Div. 758

Cc: MW Geiger Jr.
R. Read Fay
Ken Iverson
Stan Ferguson UTU

BURLINGTON NORTHERN

 

1101 NW. Hoyt St.
P.O. Box 571
OPERATIONS DEPARTMENT
Portland, Oregon 97207

Mr. D. C. Davis                                 November 7, 1974
Local Chairman - BLE
15802 N. E. 185th A
Brush Prairie, Washington 98606

Dear Mr. Davis

Following several conferences on the matter of engineers working in yards of former SP&S being required to work past their normal meal period, we agreed to the following:

(a) When yard engineers are not granted a 20-minute meal period per schedule rules, they will be given 20 minutes in which to eat at the first practicable opportunity and will be permitted to claim an additional 20 minutes at the punitive rate in addition to all other allowances for the tour of duty.

(b) A yard engineer required to work in excess of ten hours and thirty minutes and not granted a second meal period will be permitted to claim an additional 30 minutes at the punitive rate in addition to all other allowances for the tour of duty.

Time allowed under provisions of this understanding should be claimed as an arbitrary on face of the time slip and not included as actual time on duty.

Claims so made must be approved by the yardmaster or other authorized Carrier. officer before payment will be made.

This understanding will become effective November 16, 1974. It may be cancelled upon fifteen days' written notice of either party to the other of their desire to do so.

Very truly yours,

J.G. Edwards (S)
Superintendent                                        AGREED:
                           D.C. Davis (S)
                           Local Chairman BLE

LES/jbn

File: 2538 - General

 

BNSF            Chris James                            Burlington Northern Santa Fe
                                             Division Trainmaster                725 Waverly Dr. NE
                                                                                            Albany OR 97321
                                                                                                                           Phone (541) 967-6753
                                                                                                                           Fax (541) 947-6774

 

                                                                                                        March 21, 2000

SD. Ferguson, Vice Local Chairman,
UTU Albany, Oregon
Salem, Albany and Eugene Switch Crews

Re: Meal Periods for Switch Crews

On November 7,1974 a letter of understanding was signed between J. C. Edwards, Division Superintendent and James E. Hurley, General Chairman, UTU - T. This letter dealt with the issue of switch crews and their right to meal periods.

This letter of understanding reads in part:

When yard crews are not granted a 20 minute meal period per schedule rules, they will be given 20 minutes in which to eat at the first practicable opportunity and will be permitted to claim an additional 20 minutes at the punitive rate in addition to all other allowances for the tour of duty.

A yard crew required to work in, excess of 10 hours and 30 minutes and not granted a second meal period will be permitted to claim an additional. 30 minutes at the punitive rate in addition to all other allowances for the tour of duty.

Supt. Notice 209 item 12 addresses the first meal period policy for O.E. switch crews, Switch crews should be planning their work to take their meal period as per the schedule agreement.

Regarding the second meal period:

This letter of understanding entitles switch crews to a second meal period after 10 hours and 30 minutes on duty. It is not an automatic 30 minute punitive arbitrary. It is recognized that there are many times when a crew will not have the opportunity to stop and take the second meal period. In these cases, the claim for a code 22,30 minutes at the punitive rate would be correct.

However, if a switch job finishes their work (after 10 hours and 30 minutes) and there is sufficient time under the hours of service, the crew should take their meal period before tying up.

(ex) a switch crew finishes their work at 1900 (11 hours on duty), they should take their 30 minute meal period, then tie up prior to 2000 (Hours of Service}.

The penalty code 22 would not be applicable s the crew had the opportunity and should have eaten prior to tying up.

Chris James
Division Trainmaster
Albany, Oregon

CC: Read Fay, Ken Iverson