Brotherhood of Locomotive Engineers

 

Dennis R. Pierce

GENERAL COMMITTEE OF ADJUSTMENT 
BNSF/MRL

                            VICE  CHAIRMEN
                                 M. 0. WILSON
                                S. J.  BRATKA
                                D.W. MAY

General Chairman

          801 CHERRY ST., SUITE 1010 Unit 8
                FT. WORTH, TX 76102-4237
                TEL (817) 338-9010 · FAX (817) 338-9088

                                 J.H. NELSON
           SECRETARY-TREASURER
              
GALESBURG, IL 61401

 

ALL LOCAL CHAIRMAN March 5, 2004
BNSF NORTHLINES AND MRL                                               File: Proposed Agreements
Foot of the Board/
No Call List

 
Dear Sirs and Brothers:  

Enclosed for review and determination are three proposals that would establish new methods for the management of manpower. The first two proposals are “Foot of the Board” agreements each with a slight variation from the other. The third agreement is identified as the “No Call List”. I will briefly describe both agreements.  

The Foot of the Board agreements are a new concept to the former BN property, but are widely used by our Brothers on the former Santa Fe property. Under both proposals, employees in pool service are allowed to drop to the foot of the board one time during each lay over and there are two ways to accomplish that drop. Under the first method (FOB), employees can manually notify that they wish to drop while laying in, and, when they do, they will take their assigned turn with them assuming the last out position. Depending on when the move is initiated, an engineer could drop just a few turns or drop several turns, allowing the involved employee to have some control over the length of time that they are home. Under the second method (NFB), the engineer can designate his/;her turn to be “pending foot of the board” and they will then drop when they reach a predetermined number of times out or threshold specific to each pool. This drop will occur with no further action necessary by the employee. Using both methods, a predetermined threshold or cut off point will be in place for each pool and the intention is to retain some predictability for those close to getting called. For instance, if a pool averages one train called per hour, we would suggest that the threshold be set at eight to ten times out. If the trains were then called consistent with the average, no employee could drop back in the pool when they were within eight hours of being called.  

There are slight differences between the two Foot of the Board agreements, one is called the “Full” version and the other is the “Abridged” version. Under the Abridged version, an employee will take their turn with them when they FOB/NFB, but if they lay off for any reason, their turn will remain in rotation for the extra board to fill. Under the Full version, pool lay offs will be treated like existing extra board lay offs and the turn will be removed from the rotation while the engineer is off. This “chain gang” style of pool management will obviously have a more dramatic affect on extra boards as the pool in essence becomes self supporting.  

The Abridged version also allows for a 7/3 Overlay to be incorporated, while the “Full” version does not. In addition, Attendance Guidelines are suspended for those pool engineers working under the Full version. Both agreements allow engineers to exercise the foot of the board option with no offset to protective guarantees.

We know that these proposals present a departure from our current pool management methods, but we do feel that they are worthy of your consideration. Our efforts have long been to find a way to accommodate the varied desires of the membership regarding how much they will work. Under these proposals, those that never take FOB will work more than they do today, those that exercise FOB occasionally can work at the same pace as today, while those that exercise the option every trip to the maximum allowable can work substantially less than they do today. Exercising FOB is not counted against any Attendance Guidelines formula so that more time off can be obtained without coming under attendance criticism. This is largely possible because the next engineer in the pool works the job when any engineer drops to the foot.

We are aware that there are predictability concerns that come with people dropping to the foot. The threshold language was added to minimize the real impact, but there is no doubt that employees in FOB pools will need to vigilantly monitor their standing. We have been advised that the NFB designation is visible in TSS and those behind you can see in advance that you have opted for NFB and plan to drop when you reach the threshold. The total impact of these items is hard to determine, until we actually test the agreements by trying them for a period. On the positive side, if an overlay is also in place with the abridged FOB, employees might actually be able to speed up their work cycle enough by not taking the foot to be able to afford to take all of their overlay days. Conversely, overlay days would still be available over and above the additional time off created by dropping to the foot for those that opt to work less.  

Again, we know that the proposals represent a departure from what we are currently used to, but we would like to see several locations try them if even for 90 days to see if the involved engineers enjoy the change.  

The third proposal in the packet is a “No Call List” agreement. While the Foot of the Board agreements are to be considered pool by pool, the No Call List is location based for all road engineers. The intent of the agreement is to allow those that only wish to protect their own permanent assignment to avoid calls for step up or emergency work. Both the employees and the Carrier benefit under these conditions as the Carrier is not obligated to call those employees who indicate that they wish to be left out of the canvassing order for emergency calls. If no action is taken by the employee, the Carrier remains obligated to call them as they are today, but those that wish to get a good nights sleep and only be called for their own turn will be able to accomplish that. Similar agreements are currently in place at a few locations on the Nebraska Division and they are generally viewed as an improvement. While an attempt was made to include language precluding the Carrier from “paper deadheading” as part of this proposal, that language was not available. Even so, we do view this proposal as a positive step in the right direction and are confident that you will too.

Therefore, in accordance with Section 41(b) — GENERAL COMMITTEE RULES OF THE BYLAWS of the BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, it is requested that the enclosed be discussed and acted on at the next regular (or special) meeting of your Division. Please indicate on the enclosed ballot if you are “FOR” or “AGAINST” the proposals. You will note that the ballot also includes a space for you to identify the pools that desire to try the FOB agreement. If you have any questions concerning the proposed agreement, please contact the Office. Return of your ballot as soon as possible would be appreciated, but it must be returned to this Office on or before April 16, 2004.

Fraternally yours,  

/s/ Dennis R. Pierce
General Chairman  

Enclosures

cc:         J.H. Nelson, Sec./Treasurer
             BLET General Chairmen, BNSF


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(Full Version)

MEMORANDUM OF AGREEMENT  

Between  

The Burlington Northern and Santa Fe Railway Company  

And  

Brotherhood of Locomotive Engineers

   

As part of the Safety Summit process, this Agreement is designed to enhance employees’ work/rest schedules as well as provide the manpower necessary to meet our customers’ expectations.  

FOB/NFB  

1.    An employee assigned to the ___________________ pool at _________________ may, at anytime before reaching ___________ times out, request to move his turn to the foot of the board (FOB). Upon receipt of the request, crew management shall immediately move that turn to the bottom of that board.  

2.    An employee assigned to this pool may at anytime before reaching _____ times out, request that his turn be marked pending foot of board (NFB). Upon such election, the turn will remain in rotation until reaching ______ times out, at which time the NFB will change to a FOB designation and the turn moved to the foot of the board. The employee may, at his option, remove the designation NFB from his turn at any time before it reaches the predetermined position and the turn will be called in normal rotation.  

3.    An employee may make a request to mark his turn FOB/NFB only once during a layover at his home terminal.  

4.    Pools covered by this Agreement shall be regulated in accordance with existing Agreements.  

5.    Boards under the jurisdiction of this General Committee that currently have an FOB/NFB agreement in force my choose to retain the original agreement in place of the provisions for FOB/NFB contained in this Agreement provided that the pool freight concept of removing turns as described in Paragraph 6 is contained in the pre­existing FOB/NFB.  

6.    An employee who is absent from his assignment for less than seven days will have his turn removed from the pool during that absence without creating a vacancy. The turn will be restored to the foot of the board upon the employee’s return unless other agreement provisions apply. Vacancies of seven days or longer shall be filled by standing bid or other pre-existing agreement.  

7.    With the positive effects that the FOB/NFB provisions will have with regard to more flexibility and time off at the home terminal while at the same time not causing a detriment to individuals desiring a higher earning opportunity, it is envisioned that the traditional attendance issues such as chronic weekend absenteeism and part-time employment will be resolved. While the full-time employment obligation of the 2002 TYE Attendance Guidelines will stand, the lay-off tracking and accounting process will not be applied to permanently assigned employees in this pool. In the event that trains protected by this pool are delayed account of the FOB/NFB and/or lay-off privileges, the parties representing those attesting to this agreement will immediately meet to review all pertinent work records and develop an action plan that corrects the problem.  

8.    Employees working under this Agreement who are covered by a protective agreement will not have their guarantee offset when utilizing FOB/NFB.

 9.    This Agreement is made on a without prejudice basis and either party may cancel the Agreement by serving ten days’ written notice on the other party.

Signed this______ day of                           , ____, and effective on ________________

FOR THE BROTHERHOOD OF                     FOR THE BURLINGTON NORTHERN
LOCOMOTIVE ENGINEERS:                        AND SANTA FE RAILWAY COMPANY:

 APPROVED:

 _____________________________________                ___________________________________

K. J. McGinn
General Chairman
Brotherhood of Locomotive Engineers
 Asst. Vice President Labor Relations
Burlington Northern and Santa Fe Railway Company

                                               


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 (Abridged Version)

MEMORANDUM OF AGREEMENT  

Between  

The Burlington Northern and Santa Fe Railway Company  

And  

Brotherhood of Locomotive Engineers

 

As part of the Safety Summit process, this Agreement is designed to enhance employees’ work/rest schedules as well as provide the manpower necessary to meet our customers’ expectations.

 Foot of Board

 1.    An employee assigned to the ____________________ pool at __________________ may, at anytime before reaching ___________ times out, request to move his turn to the foot of the board (FOB). Upon receipt of the request, crew management shall immediately move that turn to the bottom of that board.  

2.    An employee assigned to this pool may at anytime before reaching _____ times out, request that his turn be marked pending foot of board (NFB). Upon such election, the turn will remain in rotation until reaching ______ times out, at which time the NFB will change to a FOB designation and the turn moved to the foot of the board. The employee may, at his option, remove the designation NFB from his turn at any time before it reaches the predetermined position and the turn will be called in normal rotation.  

3.    An employee may make a request to mark his turn FOB/NFB only once during a layover at his home terminal.  

4.    Pools covered by this Agreement shall be regulated in accordance with existing agreements.  

5.   Fatigue countermeasure programs such as the 7 & 3 overlay may be incorporated with FOB arrangements where applicable.

 6.   Boards under the jurisdiction of this General Committee that currently have an FOB/NFB agreement in force may choose to retain the original agreement in place of the provisions for FOB/NFB contained in this Agreement.

 7.    Employees working under this Agreement who are covered by a protective agreement will not have their guarantee offset when utilizing FOB/NFB.

8.    This Agreement is made on a without prejudice basis and either party may cancel the Agreement by serving ten days’ written notice on the other party.

Signed this_______ day of                          , _____, and effective on _________________

FOR THE BROTHERHOOD OF                     FOR THE BURLINGTON NORTHERN
LOCOMOTIVE ENGINEERS:                        AND SANTA FE RAILWAY COMPANY:

 

APPROVED:

_____________________________________                              _______________________________________

K. J. McGinn
General Chairman
Brotherhood of Locomotive Engineers
 Asst. Vice President Labor Relations
Burlington Northern and Santa Fe Railway Company

 


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MEMORANDUM OF AGREEMENT  

Between  

The Burlington Northern and Santa Fe Railway Company  

And    

The Brotherhood of Locomotive Engineers

 

 

1.    Engineers in road service with the home terminal of____________________ have the option of protecting, or not protecting, extra service.  

2.    Remaining in the calling order for extra service requires no action on the employee’s behalf and the employee will remain in the established calling orders until Crew Support receives notification under the provisions of Section 3 of the Agreement.  

2.1. Employees who elect to protect extra service will continue to receive calls for extra service in compliance with their schedule agreements.  

2.2. Failure to protect calls for extra service will not result in discipline.  

3.    Employees who take the option to not protect extra service will notify the Crew Support Center electronically on their tie up screen. If notification takes place between trips, the employee will provide the electronic notification through the Voice Response Unit (VRU) or their employee information screen.  

3.1. Employees who elect to not protect extra service will forfeit all rights to claims or penalties for not receiving extra service calls.  

4.    This Agreement does not apply to employees assigned to extra boards, demoted engineers, temporary transfers, reserve boards, yard service or activities employees must perform to maintain service qualifications.  

5.    Either party may cancel this Agreement by serving ten (10) days’ written notice upon the other.

Signed this_______ day of                          , _____, and effective on _________________

 

FOR THE BROTHERHOOD                              FOR THE BURLINGTON NORTHERN
OF LOCOMOTIVE ENGINEERS:                    AND SANTA FE RAILWAY COMPANY:

 

APPROVED:

__________________________                                    ________________________________
                                                                        

K. J. McGinn
General Chairman
Brotherhood of Locomotive Engineers
 Asst. Vice President Labor Relations
Burlington Northern and Santa Fe Railway Company