This proposal being reviewed at this time for a temporary fix for the 620 assigned car until a meeting can be set up between the GCA and local committee and BNSF.

 February 10, 2004

Rick Etienne
BLE Local Chairman  

This is a letter of understanding referencing the local agreement between the BLE and BNSF dated April 7, 1995 concerning assignment 620/661 which today is the M PTLPAS1 and return M PASVAW.  The train has been moved for transportation planning to an 1800 departure which does not match up with the return trip.  We would like to increase the call window from 2200 until 0400 beginning February 16, 2004 after the morning train departs and allow the crews to work on any train at Portland/Vancouver to Pasco until we resolve the assignment agreement.   

This is not an agreement and is a letter of understanding which may be canceled by either party with 10 days written notice.

/s/ Daryl Ness
Terminal Superintendent

 
________________________________             ____________________________
BLE                                                                            BNSF

February 4, 2004

Mr. D. Pierce
General Chairman BLE  

Mr. R. E. Etienne
Local Chairman BLE

Mr. J.P.  Allen
Local Chairman BLE  

Second notice with correction –

Under the provisions of the local agreement establishing crew assignments operating in the Vancouver – Pasco interdivisional pool service and crew assignments operating between Wishram and Bend , please accept this letter as notification of our intent to cancel the existing agreement.  

On Tuesday, January 13, 2004 , a meeting was held at the Vancouver Terminal Yard Office in Vancouver , Washington to review service requirements and how we may best meet the needs of our customers, while at the same time, improve working conditions for train service employees.  We were unable to reach a resolution for the issues presented.  Our intent is to cancel the above mentioned agreement effective 2359 February 10, 2004.   

We are prepared to negotiate a new agreement that would allow specific crew assignments which are currently operating to remain in effect.   Due to operational impediments, we feel it is necessary to alleviate only the following assignments at this time:  

Between Vancouver – Pasco  

620/661             M-PTLPAS1 and M-PASVAW1

664/011             M-PTLPAS2 and M-PASINB1 or first train after 1201  

Between Wishram – Bend

671                   H-EVEBAR9

681                   H-PASBAR1  

If you would like to discuss the possibility of maintaining all remaining assignments, please contact me by February 9, 2004 .

Respectfully,

 /s/ Daryl Ness
Terminal Superintendent

Daryl Ness
Vancouver Terminal Superintendent
BNSF Rwy. Co.
1313 W. 11^th St .
Vancouver WA . 98660
 

February 6, 2004
 

Mr. Ness,
 

I know we have been going ‘round and ‘round for some time on BNSF’s cancellation of the Letter of Understanding of April 7, 1995 . Please understand that under the RLA, things need to be done a certain way. T’s need to be crossed, and I’s need to be dotted.  

Under side letter 12 of Ops 16-85 (Vancouver-Pasco ID Agreement) (reproduced below), BNSF has failed to follow proper procedure needed for cancellation. Under side letter 12, BNSF is required to have a meeting between the General Chairman of our Committee of Adjustments and Labor Relations of BNSF in order to try and resolve any issues or disputes. This has not happened at this time. This means under the terms of the agreement Ops 16-85, BNSF cannot cancel any existing agreements concerning assigned cars at Vancouver WA .  

Further, your office has served several notices of cancellation that for one reason or another did not meet the criteria of qualification for cancellation. Your latest missive of February 4, 2004 meets the criteria needed for issuing a cancellation with the following exception. In order to serve the proper cancellation for this Letter of Understanding, a ten (10) day notice needs to be given. This ten (10) day notice cannot be “backdated”. As such, the 10 day clock needs to be started upon the issuance of a proper notice. This means that upon receipt of a proper notice with the proper date of cancellation 10 days in the future, the official clock would start.  

Therefore, please understand that the chain of events needed to occur before any cancellation is able to take place, is that first, the GCA and LR need to meet to try and iron out any differences, and second, a properly issued letter of cancellation must be issued in order for any cancellation to take place. This said, it is the understanding of this committee that any cancellation of assigned cars at Vancouver will not and cannot take place until said steps are fulfilled.

Respectfully,

/s/ Richard Etienne
Local Chairman
Div. 758

Cc:       D.R. Pierce
            D.W. May
            J.P. Allen
            File

SIDE LETTER NO. 12                                              June 22, 1994                   

File; BN 6/13/85 OPS 16-85

Mr. D.L. McPherson
General Chairman
Union Depot Place , Suite 3
214 E. 4th Street
St. Paul , MN 55101

Dear Mr. McPherson:
 

This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco . During our discussion regarding Section 3 of the above captioned agreement is was understood that the matter of assigned trains would be best handled locally between the Local Chairman and the local Carrier officer and it was therefore our mutual intention to leave disposition of this matter to them. In the event, however, the Local Chairman and the designated Carrier officer are unable to reach agreement, the General Chairman and Labor Relations will meet to discuss and resolve the matter of assignments.  

If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.

Sincerely,                                                                                           I Concur:  

/s/ DJ Kozak                                                                                      /s/ DL McPherson
AVP-Labor Relations                                                                       General Chairman

Mr. Daryl Ness
Vancouver Terminal Supt.
BNSF Rwy. Co.
1313 W. 11^th St .
Vancouver WA . 98660

 
February 3, 2004

Mr. Ness,  

This committee is in receipt of your notice of cancellation of a local agreement between the carrier and BLE dated April 7, 1995 . Sadly, this cancellation is without merit as it refers to items that seem not to exist. It's unfortunate that the letter of agreement quoted refers to complying with the provisions of Paragraph 14 and 15 of the Letter of Understanding between BNRR and BLE dated April 7, 1995 . Sadly, that letter of agreement between BLE and BNRR contains neither a paragraph 14 nor a paragraph 15. As such, this committee is bewildered as to what requirements are being fulfilled. As such, the notice of cancellation is without merit.

Respectfully,

/s/ Richard E. Etienne
Local Chairman
Div. 758

Cc:       Dennis R. Pierce
            Ronald D. Jackson
            Raymond E. Stephens
            R. Read Fay
            Gary L. Hein
            Martin J. Molitor
            Randy L. Luther
            Rob S. Karov
            Terry Keene
            JD Fitzgerald
            JL Schollmeyer

January 30, 2004

Mr. J. D. Fitzgerald
General Chairman UTU

Mr. J. L. Schollmeyer                                        Allen Rosa
Local Chairman UTU                                          Local Chairman UTU

Mr. D. Pierce                                                     J.P. Allen
General Chairman BLE                                       Local Chairman BLE

Mr. R. E. Etienne
Local Chairman BLE

 
Under the provisions of the local agreement dated April 7, 1995, establishing crew assignments operating in the Vancouver – Pasco interdivisional pool service and crew assignments operating between Wishram and Bend, please accept this letter as notification of our intent to cancel the existing agreement.  

On Tuesday, January 13, 2004 , a meeting was held at the Vancouver Terminal Yard Office in Vancouver , Washington to review service requirements and how we may best meet the needs of our customers, while at the same time, improve working conditions for train service employees.  We were unable to reach a resolution for the issues presented.  We have complied with paragraph (14) of the aforementioned agreement which states, “Should problems arise concerning operating of these assigned trains, Carrier and/or Organization will call for a meeting to alleviate such problems prior to serving any cancellation notices.”  Within paragraph (15) of the agreement, the following verbiage exists, “Any party signatory may cancel this local agreement upon ten (10) days written notice to the other.”   Our intent is to cancel the above mentioned agreement effective February 10, 2004 .   

We are prepared to negotiate a new agreement that would allow specific crew assignments which are currently operating to remain in effect.   Due to operational impediments, we feel it is necessary to alleviate only the following assignments at this time:

 Between Vancouver – Pasco

 620/661 M-PTLPAS1 and M-PASVAW1

664/011 M-PTLPAS2 and M-PASINB1 or first train after 1201  

Between Wishram – Bend  

671                   H-EVEBAR9

681                   H-PASBAR1  

If you would like to discuss the possibility of maintaining all remaining assignments, please contact me by February 6, 2004 .  

Respectfully,  

/s/ Daryl Ness
Terminal Superintendent