Brotherhood of Locomotive Engineers

All LCs 
BNSF NORTHLINES                                                                                    February 18, 2000 
                                                                                                                        File: AA458, Art. VI Deadheading

Dear Sirs and Brothers:

This is in regard to basic day claims filed for post ‘85 Engineers who are paid on an hourly basis when deadheaded from the away from home terminal exactly 16 hours after previous service. Initially we had convinced the Carrier of the validity of such claims, and had been successful in collecting them. Recently, however, the Carrier has taken the position that such claims are not payable and, therefore, ceased to allow them even in conference.

Due to this action, we contacted the International regarding this issue. Enclosed you will find a correspondence received from the International President on this matter Which should prove self-explanatory.

As a result of this correspondence we are withdrawing claims of record and in future such claims will be returned due to lack of agreement support.

Fraternally,

M.W. Geiger Jr.
General Chairman
SJB

cc: J. Nelson, Secy/Treas GCA

Enclosures

Brotherhood of Locomotive Engineers

Mr. E. Dubroski                                                                                               January 28, 2000
President                                                                                                          File: Post ‘85 DH
Brotherhood of Locomotive Engineers
Standard Building, Mezzanine
Cleveland, Ohio 44113-1702

Dear Mr. Dubroski:

Article VI — Deadheading, of Arbitration Award 458 reads in part; "... if deadheading from service at other, than the employee’s home terminal does not commence within 16 hours of completion of service, a minimum of a basic day at such rate will be paid..."

This Committee is currently handling a number of claims for post ‘85 Engineers for a basic day deadhead, as opposed to hourly deadhead, where the Engineer was ordered exactly 16 hours after the completion of his/her last service.

Since these claims deal with interpretation of Arbitration Award 458, would you please advise whether these claims have validity, and if so how they may be most effectively supported.

Fraternally yours,

S.J. Bratka
Vice Chairman

cc: J.C. Edwards, LC Div. 135

1370 ONTARIO STREET
CLEVELAND, OHIO 44113-1 702
TELEPHONE: (216) 241-2630
FAX: (216) 241-6516

 

EDWARD DUBROSKI
International President

February 11,2000

Mr. S.J. Bratka
Vice Chairman - BNSF/MRL
500 Throckmorton, Suite 1820
Ft. Worth, TX 76102

Dear Sir and Brother:

 

This will acknowledge your letter dated January 28, 2000, in which you requested an interpretation of Article VI — Deadheading, of Arbitration Award 458, reading in pertinent part, .... .if deadheading from service at other than the employee’s home terminal does not commence within 16 hours of completion of service, a minimum of a basic day at such rate will be paid..." Your question asked if this provision would apply when a post-85 engineer was called to deadhead exactly at 16 hours after the completion of his/her last service.

 

Brother Bratka, it is my opinion that the reference to 16 hours in this provision of the agreement was meant to be triggered in the same manner as the reference to 16 hours in the provisions of away-from-home-terminal time agreements. Therefore, a post-85 engineer called to deadhead from service exactly 16 hours after the completion of his or her last service would not be entitled to the basic day as stated in Article VI of Arbitration Award 458.

Hoping that this reply provides clarification for you, I am

Fraternally yours,

Edward Dubroski
President

cc: J.L. McCoy, FVP
M.W. Geiger, Jr., GC - BNSF/MRL