Brotherhood of Locomotive Engineers

October 6, 1999                                                                                                        File: Ops-35-81
                                                                                                                                         Temporary Vacancies

Mr. Milton H. Siegele, Jr.
Asst. Vice President/Labor Relations
Burlington Northern Santa Fe
2600 Lou Menk Drive
P.O. Box 961030
Ft. Worth, TX 76161-0030

Dear Sir:

It has come to this office's attention that the carrier has taken certain positions and issued instructions to crew callers that do not comport with the agreements to which this office is signatory. More specifically Ops-35-81 dated April 24, 1981, most commonly known as the 700 Rules.

My concerns involve the proper application of Section 708.1 (filling temporary vacancies). I have been informed, albeit not by your office, that the carrier has arbitrarily decided when an engineer marks to a temporary vacancy that said engineer will be expected to be available for his/her regular assignment if said regular assignment is called prior to the temporary vacancy to which said engineer placed. This office vehemently disagrees with that position.

Section 708.1 is very specific as to when an engineer will be removed from a temporary vacancy. Protecting his/her regular assignment while placed to a temporary vacancy is not listed and is, in fact, a violation of the agreement. Claims for the extra board for a lost work opportunity and a claim for the engineer involved, if a trip was missed on the temporary assignment, would be the appropriate remedy for this violation of the agreement. Copy of this letter will be sent to all local chairmen and the claims as described will be initiated immediately if this practice is not revoked.

Further, this office has been informed that the crew office has taken the position that when an engineer who is on a temporary vacancy is ultimately displaced, that said engineer will be automatically placed back to his/her regular assignment without notification.

The carrier is correct regarding immediate placement to one's regular assignment upon displacement, but to expect an engineer to know this without notification is ludicrous. Until the engineer assigned in temporary status is properly notified that he/she is displaced that engineer cannot and will not be expected to protect their regular assignment.

In this day and age when the industry is attempting to address fatigue related issues, it is inconceivable to me that BNSF would contrive to create a situation that engineers would be required to protect service to which they were unaware and most probably not prepared for nor rested for.

I would appreciate a timely response to this letter. If you disagree with this office's interpretation and application of the rules in question, I would request a meeting as quickly as possible in an attempt to resolve this dispute.

Sincerely,

M.W. GEIGER, JR.

GENERAL CHAIRMAN

cc: D.M. Hahs, VP - BLE
     A.G. Morrison, GC
     All BNSF Local Chairmen

BROTHERHOOD OF LOCOMOTIVE ENGINEERS
DIVISION 94
GILLETTE, WYOMING

October 1,1999

RE: 700 Rules dealing with Temporary Vacancies

Dear Brother,

Division #94 Gillette, Wy. Is requesting that the CC of A give some direction as to Temporary Placement and automatic markup. The BNSF has taken the stance that if an Engineer is on any type of temporary placement, upon displacement by the pool owner, will be automatically placed back to his/her original job with no notification. That this Engineer will be expected to be rested for his/her assignment and will be marked up for missing a call if he/she fails to protect the assignment That there will be no notification of displacement. that the Engineer will automatically be placed back to his/her original assignment. Example: Engineer F.L. Black places on GILGUE 32, Engineer R.J. Mary comes back off vacation and is placed back on turn GILGUE 32, his original job assignment. Engineer Black's own original assignment is GIL 67A Gillette Engineer's X-BD. Upon markup by Engineer Mary, Engineer Black is placed back to (GlL 67A and is expected to protect the X-Bd vacancies upon being rested. If this Engineer misses a call ,not expecting to protect the X-Bd assignment and knows, that job GILGUE 32 is twenty times out. Absents himself from regular calling location and misses the call for X-Bd assignment. Could you please check into this matter immediately and respond to Division #94 as soon as possible.

Fraternally

MJ Reardon

LC #94
Gillette, WY. 82718