Brotherhood of Locomotive Engineers

M.W. Geiger Jr.                                                          

GENERAL COMMITTEE OF ADJUSTMENT                                  
                    BNSF/MRL RAIL LINK                                               

VICE  CHAIRMEN
General Chairman

            500 THROCKMORTON, SUITE 1820
                FT.WORTH,TX 76102 4237
                TEL (817) 338-9010 · FAX (817) 338-9088

D. R PIERCE
S. J.  BRATKA
M. 0. WILSON
J.H. NELSON
  SECRETARY-TREASURER
ORCHARD DRIVE
GALES8URG, IL 61401

October 5, 1999 File:                                                                                                     BNSF Availability Policy

ALL LOCAL CHAIRMEN
BNSF NORTHILINES (FORMER
CB&Q, GN, NP & SP&S)

Dear Sirs and Brothers:

Just a quick note to update you on the dispute between this Committee and the Carrier regarding the latest BNSF Availability Policy. I am sure all are aware that the Carrier sought and received a Preliminary Injunction against the Organizations concerning this dispute. This dispute was deemed a minor dispute under the provisions of the Railway Labor Act.

The Court found that the public interest would be best served by the granting of the preliminary injunction and, therefore, enjoined the Organizations from exercising any self help regarding this issue.

The Court further ordered that the parties proceed to expedited arbitration over the BNSF's adoption of the Availability Policy and that said arbitration was to be completed within thirty days. Originally, the arbitration hearing was to be held on September 30, 1999 with a decision to be rendered on October 8, 1999.

The Carrier requested more time to prepare its case and the parties agreed to an extension of time. In order to receive this extension, the Carrier agreed to suspend the policy, other than as an informational tool, for another month (until November 1, 1999). The arbitration hearing will be held on October 14, 1999 in Washington, D.C. The arbitrator will issue a decision by November 1, 1999.

Our case is being prepared by General Council Harold A. Ross. Obviously, this office will be in attendance at this hearing.

All of the information and concerns which many of you provided is greatly appreciated. The arrogance of this company never ceases to amaze me. This office along with the other BLE General Committees and the International will do our utmost to protect your interests and rights. Ultimately though, this decision rests with a third party.

This office will keep you appraised of further developments.

Fraternally yours,

M. W. Geiger Jr.

General Chairman

cc: J.H. Nelson, Sec./Treasurer