Brotherhood of Locomotive Engineers & Trainmen

 

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

 

 

Mr. John J. Fleps                                                                                          December 21, 2004
Vice President Labor Relations
Burlington Northern Santa Fe Railway Co.
2600 Lou Menk Drive
Garden Level - NOC
Fort Worth, TX 76131-2380 

Dear Mr. Fleps:

 In accordance with the provisions of the Railway Labor Act, as amended, and the existing agreement, or agreements, now in effect on the Burlington Northern Santa Fe Railway Company, we hereby give notice that effective January 1, 2005 or as otherwise specified, we propose to revise and supplement said agreement or agreements, governing rates of pay, rules and other conditions of work for any and all of the employees of such railroad who are represented by the Brotherhood of Locomotive Engineers and Trainmen, in accordance with the Proposal(s) identified as BLET - ATTACHMENT "A", Sections 1 through 43, BLET ATTACHMENT "B" and BLET ATTACHMENT "C", Sections 1 through 30 appended hereto and made a part hereof.

 This General Committee of Adjustment is serving Attachment "BLET-A" (National Section 6 Notice) and Attachment "BLET-B" with the understanding that if there are any subject matters in this Attachment "BLET-A" or Attachment "BLET-B" that have a lesser value than current schedule rules on this property that this General Committee of Adjustment will retain our current rule.

 Further, if there is any subject matter that addresses issues identified in this Committee's Attachment "BLET-C" the parties may mutually agree that they may discuss these issues simultaneously with national handling.

 Written acknowledgement will be appreciated, and pursuant to the provisions of the Railway Labor Act, as amended, a conference for the purpose of discussing the Proposal(s) within thirty (30) days from the date receipt of this notice is respectfully requested. Due to the upcoming Holidays, the ten (10) day requirement to arrange the time and place of the above noted meeting is waived.

 Sincerely,

/s/ Dennis R. Pierce
General Chairman

Enclosure

cc:        All Local Chairmen
            BLET General Chairmen,
            BNSF Don Hahs, BLET National President


Brotherhood of Locomotive Engineers and Trainmen

A Division of the Rail Conference-International Brotherhood of Teamsters

NATIONAL DIVISION

1370 Ontario Street, Mezzanine Cleveland, Ohio 44113-1702
Phone:
(216) 241-2630 Fax: (216) 241-6516 www.ble-t.org

DON M. HAHS
National President

 

December 17, 2004

  

Robert F. Allen
Chairman - NRLC
1901 L Street, NW
Washington, DC 20036-3514

 Dear Mr. Allen: 

Please find enclosed a copy .of my December 16, 2004, letter to the General Committees of Adjustment for the Brotherhood of Locomotive Engineers and Trainmen involved in bargaining with the freight railroads for the 2005 Wage/Rules Movement.

 Also enclosed is a copy of the Attachments BLET -A and Attachment BLET -B which the general committees of adjustment will be serving on the appropriate carrier officer. In accordance with the BLET Bylaws, I am requesting from our General Chairmen, authorization to represent our general committees of adjustment during this round of bargaining with the understanding that the BLET National Division and the National Carrier's Conference Committee will allow, on a voluntary basis, the individual general committees of adjustment and the carrier to discuss any issues contained in Attachments BLET A, B and any subsequent notices served by the individual general committees of adjustment.

 As soon as I compile a list of the general committees of adjustment that have authorized me to represent them, I will apprise you accordingly. 

Very truly yours,

/s/ Don M Hahs
President
 

Cc:     Advisory Board
          BLET General Chairmen
 

Enclosure

Bc: D.C. Simmerman, Dir. Of Research


BLET-ATTACHMENT A WAGE ISSUES

1.         COST-OF-LIVING ALLOWANCE

2.         GUARANTEED WEEKLY MONTHLY AND YEARLY INCOME

3.         GENERAL WAGE INCREASE

4.         BASIC DAY THROUGH FREIGHT SERVICE a) Restore basic day to 100 miles

5.         MILES OVER THE BASIC DAY

 6.         OVERTIME

 7.         SHIFT DIFFERENTIAL

 8.         ENTRY RATES - TWO-TIER PAY SYSTEMS

 9.         WAGE DIFFERENTIAL

10.       CERTIFICATION/RECERTIFICATION ALLOWANCE

 11.       TECHNOLOGY ALLOWANCES

 


 RULES

 12.       GUARANTEED EXTRA BOARDS

 13.       JOB SECURITY

 14.       ASSISTANT ENGINEERS

 15.       DEADHEADING

 16.       CAB CONDITIONS

 17.       ENGINEER RESPONSIBILITY/AUTHORITY

 18.       HELD-AWAY-FROM-HOME TERMINAL TIME

19.       LODGING AGREEMENT

 20.       REST PERIOD

 21.       STANDARDIZE LAY-OFF/MARK UP RULE

 22.       MAXIMUM WORK HOURS

23.       ENGINEER/TRAINMEN TRAINING

24.       MEAL EN ROUTE

25.       CALLING RULE

26.       AMEND INITIAL AND FINAL TERMINAL DELAY RULES

27.       INTERDIVISIONAL SERVICE


BENEFITS

 28.       PAID PERSONAL LEAVE DAYS

 29.       SUPPLEMENTAL SICK LEAVE PLAN

 30.       PROFIT SHARING

 31.       SHORT TERM/LONG-TERM DISABILITY

 32.       401 K RETIREMENT ACCOUNTS

33.       HOLIDAYS

34.       OFF-TRACK VEHICLE INSURANCE

 35.       BEREAVEMENT LEAVE

36.       VACATIONS

 37.       AMEND ARTICLE VIII OF AWARD OF ARBITRATION BOARD 458

 38.       FAMILY AND MEDICAL LEAVE ACT

 39. INFORMATION REQUESTS

 40. SALES, LEASES AND ABANDONMENTS

 41. MISCELLANEOUS

 42.  LABOR-MANAGEMENT COMMITTEES TO BE ESTABLISHED BY AGREEMENT ONLY

43. SAVINGS CLAUSE



ATTACHMENT "BLET-B"
HEALTH & WELFARE

Railroad Employees National Health and Welfare Plan GA-23000

Eligibility -

  1. Provide extended benefit coverage to eligible dependents for one full calendar year following the death of a covered employee.

  2. Provide extended coverage to furloughed employees for twelve (12) months following the month in which such employees last rendered compensated service or received vacation pay, provided the employer has transmitted at least three (3) monthly payments to the Plan on behalf of such employees prior to furlough. During such 12-month period, the furloughed employee shall be reported under "active" employee status.

  3. Provide full Plan coverage to an employee who is suspended or dismissed from service, and to his eligible dependents, until final disposition of the matter under the Railway Labor Act. Until such final disposition, the employee shall be reported under "active" employee status.

  4. Provide full Plan coverage to an employee who becomes disabled, and his dependents, until such time as the employee and/or his dependents become eligible for Medicare.

  5. Eliminate the seven (7) calendar days per month eligibility requirement (the so-called "7-day rule") for benefit coverage under the health and welfare, dental and vision plans.

  6. Employees on active military status (and their dependents) will be covered to the same extent as provided for under disability provisions.

  7. Extend full coverage for college students under age 25 for six months following their graduation date.

Life/AD&D Insurance -

  1. Increase Active Employee Life Insurance to $50,000.00.

  2. Increase Retired Employee Life Insurance to $10,000.00.

  3. AD&D - increase coverage to the following:

TABLE OF COVERED LOSSES AND BENEFIT AMOUNTS

COVERED LOSSES

BENEFIT AMOUNTS

Life

$30,000

A hand

$8,000

A foot

$8,000

Sight of an eye

$8,000

Loss of more than one of the above
in any one accident

$16,000

Paralyzation

$25,000

 Loss of sight of an eve means that the eye is entirely blind and that no sight can be restored in that eye.

Loss of a hand means that all of the hand is cut-off at/or above the wrist.

Loss of a foot means that all of the foot is cut-off at/or above the ankle. *Loss of a hand or foot shall also include the loss of use of a hand or foot even if the limb is still intact.

Paralyzation means the loss of use of the extremities of the body as a result of an accident, such as, but not limited to paraplegia, quadriplegia, or hemiplegia occurring from a traumatic brain injury.

Not more than $30,000 will be paid for all covered losses caused by all injuries which are sustained in one accident.

Prescription Drug Benefit -

  1. Prescription drug co-pays shall be as follows:

Coordination of Benefits -

  1. Increase Coordination of Benefits to allow reimbursement up to a maximum of 100% of allowable charges.

Lifetime Maximum -

  1. Increase lifetime maximum under CHCB and MMCP out-of-network to unlimited.

Reasonable and Customary Determinations -

  1. Increase the threshold for R&C determinations to the 95th percentile of data selected by the Plan,

Hearing Benefits -

  1. Provide an annual hearing benefit of $1500 for each covered person.

  2. In addition to the $1500 benefit describe in (1) above, provide hearing tests as a covered benefit when medically necessary to diagnose or treat illnesses

  3. other than hearing loss.

Birth Control/Reversal -

  1. Provide coverage under the plan for voluntary sterilization and/or reversal, as well as benefits for contraceptive medications.

Employee Contributions -

  1. Eliminate any and all reference to required employee contributions as referred to in current National Agreement.

Employee Opt-Outs -

  1. Allow all employees to opt-out of Plan coverage and receive $200 per month.

Mobile Facilities -

  1. Amend the current Plan definition of a facility to include a mobile facility  used by licensed physicians or other qualified medical personnel to deliver services to employees and their dependents billed under covered codes as directed by the American Medical Association or other governing bodies.

Managed Medical Care Program (MMCP)‑

  1. Reduce all co-payments under MMCP to $5.00 per visit including emergency room.

  2. Reduce all out-of-network penalties to 10%.

  3. Reduce annual out-of-network out-of-pocket maximums to $500 per person and $1,000 per family.

  4. Provide out of network coverage for:

  1. Establish defined criteria for new managed care markets that, when met, will trigger the automatic establishment of MMCP is such markets.

Comprehensive Health Care Benefit -

  1. Provide uniform application of immunizations and well-person physical benefits provided under MMCP to CHCB and/or BHCB without annual caps to include annual routine physical exams, (including diagnostic testing and immunizations); well-woman visits (including breast examination and/or mammogram, pelvic examination and pap smear); child preventive care given in connection with routine routine pediatric care, (including immunizations for children as recommended by CDC).

  2. Provide 90/10 co-insurance under the CHCB plan.

  3. Eliminate the annual deductible.

  4. Provide benefits comparable to MMCP for employees who do not live in MMCP network areas.

  5. Reduce annual out-of-pocket maximums to $500 per person and $1000 per family.

  6. Provide annual prostate cancer screening at no cost to the participant.

  7. Provide annual influenza vaccinations at no cost to the participant.

  8. Provide Sigmoidoscopy or colonoscopy for participants over 40 years of age at no cost to the participant.

  9. Provide other screening tests as recommended by the United States Preventative Disease Task Force at no cost to the participant.

Managed Mental Health and Substance Abuse Benefit (MHSA)

  1. Reduce all co-payments under MHSA to $5.00 per visit including emergency room.

  2. Reduce all out-of-network penalties to 10%.

  3. Amend the current requirement that Out-of-Network outpatient services be administered by a license psychologist to allow that such care may be administered by Masters level clinicians.

  4. Eliminate lifetime maximum benefit for Mental Health services.

CHCB, MMCP (BHCB, HMO, If Applicable) - Cost Containment Through Health Management

  1. Establish toll-free Nurse Line and other services to provide employees and their families' resources to help in decision making.

  2. Implement a more comprehensive disease management program. Research and interview vendors that provide disease management programs that can be targeted to Plan members who need to manage emerging chronic and acute conditions such as cardiac disease, diabetes, asthma, low back pain, depression. Adopt comprehensive disease management programs to reduce emergency room visits, inpatient admissions, and acute episodes while promoting quality of care, treatment compliance and slowing rate of disease progression.

 Railroad Employees National Early Retirement Major Medical Benefit Plan (GA-4600) 

Eligibility -

  1.  Provide coverage for anyone collecting an annuity pursuant to the Railroad Retirement Act who was formerly covered by GA-23000.

  2.  Provide automatic enrollment into GA-46000, with a written notification to the employee.

  3.  Provide extended benefits for up to five (5) calendar years to a dependent spouse who is under the age of 65 when the retired employee qualifies for Medicare due to age.

  4.  Eliminate the COBRA exclusion from age annuitant eligibility.

  5.  Increase the lifetime maximum under GA-46000 to $250,000 and provide for annual increases consistent with the rate of medical inflation.

Managed Care -

  1. Establish managed care benefits under GA-46000 that are identical in all respects to the MMCP under GA-23000.

 Comprehensive Care -

  1.  Establish comprehensive care benefits under GA-46000 that are identical in all respects to the CHCB under GA-23000.

 General -

  1. Provide lifetime benefit limits, deductibles, and out-of-pocket maximums that are identical to GA-23000.

Railroad Employees National Dental Plan (GP12000-A)

Eligibility -

  1. Provide full Plan benefits to new employees and eligible dependents on the first day of the month following the month in which such employees render compensated service.

  2. Provide full Plan coverage to an employee and eligible dependent who is suspended or dismissed from service until final disposition under the Railway Labor Act.

  3. Establish dental benefit coverage for employees who are eligible for GA-46000.

Benefits‑

  1. Eliminate the annual deductible.

  2. Increase the annual maximum to $3,000.00

  3. Increase Type B coverage to 100%.

  4. Increase Type C coverage to 75%.

  5. Increase orthodontia benefit to 90% with a maximum of $2,500.00

  6. Provide orthodontia coverage to all employees and covered dependents regardless of age.

  7. Eliminate the alternate treatment provisions of the Plan.

 RAILROAD EMPLOYEES NATIONAL VISION PLAN

Network -

  1. Expand network coverage to the Vision Service Plan (VSP) Standard Network to all covered employees.

  2. Provide full Plan benefits to new employees and eligible dependents on the first day of the month following the month in which such employees render compensated service.

In-Network Benefits -

  1. Increase the frame allowance to $250.

  2. Provide full coverage for the following options:

  1. Increase allowance for contact lenses to $250 annually.

  2. Add laser surgery benefit. Provide full coverage for laser surgery to correct vision in one or both eyes.

 Hospital Associations -

  1. Hospital Association benefits will continue to be set by the individual Hospital Association.

  2.  Effective January 1, 2005, the so-called "Dues Offset" formula for Hospital Association members, as provided in Article V, Financing the Policy Contract, of the 1973 Collective Bargaining Agreement, will be amended to provide a monthly payment equal to the individual COBRA rate projected for the calendar year of providing employee medical care for the Railroad Employees National Health and Welfare Plan (the National Plan).

  3. Thereafter, adjustments, if any, shall be made annually on January 1st of each subsequent year.

  4. The so-called "pick-up fees" for any employees (or dependents, if applicable) transferring from Hospital Association Railroads to Non-Hospital Association Railroads will be borne by the Railroads.

  5. Disabled or Retired Hospital Association members whose coverage is disrupted for any reason other than non-payment of Association dues will be allowed to enroll in the Railroad Employees National Early Retirement Major Medical Benefit Plan (GA-46000) without penalty provided they would have met the eligibility requirements at the time they retired.

  6. Provide that all employees receiving FO healthcare benefits from a Hospital Association shall receive, at a minimum, the treatment contained in side letter #6 to the NCCC\BRS agreement of September 28,2003.

Supplemental Sickness Benefit Plan - Provident Policy R-5000

Amend the provisions of Provident Policy R-5000, the Supplemental Sickness Benefit Plan, to provide the following effective January 1, 2005:

  1. Amend the Plan so that the combined benefit limits payable under the Plan are 90% of the employee's regular daily rate, including payments from RRB, if eligible.

  2. Remove requirement that employee must be eligible for Railroad Retirement sickness benefits in order to qualify for benefits hereunder.

  3. Amend the Plan to change the maximum duration for the payment of benefits to 18 months from 12 months.

  4. Employees will be eligible for these benefits after three months of service, regardless of eligibility under RRB.

GENERAL

(1) The JPC shall be joint policyholders and will jointly participate in the selection of the insurance company or companies or other administrators required to administer all benefit Plans covering employees subject to this Agreement, shall jointly determine the plan benefits needed to meet the changing needs of the employees and otherwise jointly administer all of the Plans' activities. The Joint Plan Committee shall oversee and administer the Railroad Employees National Health and Welfare Plan, the Railroad Employees National Early Retirement Major Medical Benefit Plan, the Railroad Employees National Dental Plan, the Railroad Employees National Vision Care Plan, the various plans established to provide supplemental sickness benefits to covered employees and any and all plans which may hereafter be developed or introduced to provide health and welfare benefits to active and retired employees and their eligible dependents.

(2) Eliminate the exclusion of benefits for treatment by a family member who is otherwise a qualified provider, from any and all plans containing such exclusion 


BLET - ATTACHMENT C
SECTION 6 NOTICES

 

1.         ESTABLISH A SYSTEM AGREEMENT TO STANDARDIZE THE SCOPE OF ENGINEER'S DUTIES 

2.         STANDARDIZE SYSTEM TIME LIMIT AGREEMENT 

3.         STANDARDIZE SYSTEM DISCIPLINE AGREEMENT 

4.         STANDARDIZE SYSTEM VACATION AGREEMENT (SCHEDULING) 

5.         STANDARDIZE SYSTEM TEMPORARY TRANSFER AGREEMENT 

6.         STANDARDIZE SYSTEM AGREEMENT FOR TIME SPENT WAITING, i.e. waiting transportation, waiting at mines etc 

7.         STANDARDIZE SYSTEM AGREEMENT FOR EXCHANGING TRAINS IN ROUTE 

8.         STANDARDIZE SYSTEM AGREEMENT FOR TERMINAL RUN AROUNDS 

9.         ESTABLISH SYSTEM AGREEMENT TO PROVIDE FOR ENGINEER'S RESERVE BOARD 

10.       STANDARDIZE SYSTEM AGREEMENT FOR CALLED AND NOT WANTED/CALLED PERFORMED SERVICE AND NOT WANTED AND CALLED PRIOR TO LEGAL REST 

11.       STANDARDIZE SYSTEM AGREEMENT FOR APPLICATION AND USE OF SINGLE DAY VACATIONS 

12.       STANDARDIZE SYSTEM AGREEMENT GOVERNING TERRITORIAL QUALIFICATION, REQUALIFICATION AND FAMILIARIZATION

13.       STANDARDIZE SYSTEM AGREEMENT GOVERNING SPECIAL PAY DIFFERENTIAL (PD) AND CREW START (CS) 

14.       STANDARDIZE SYSTEM AGREEMENT GOVERNING BIDDING AND BUMPING 

15.       STANDARDIZE SYSTEM AGREEMENT GOVERNING THE USE OF UTILITY ENGINEERS 

16.       STANDARDIZE SYSTEM AGREEMENT GOVERNING THE RELEASE OF FORCE ASSIGNED ENGINEERS 

17.       DEADHEAD OF MAKE UP TURNS IN SINGLE OR DOUBLE-ENDED POOLS

a)         Establish a rule that requires that build-up crews utilized in either single or double-ended pool service shall be deadheaded back to the home terminal subsequent to the working trip by means of the first available transportation

18.       OVERTIME - REGULAR ASSIGNMENTS 

a)         Establish a rule that sets forth the practice that engineers shall have the choice of overtime on regular assignments, in seniority order

19.       CANCELLATION OF OPS-1-91 DATED AUGUST 10, 1991 

20.       UPDATE AND IMPROVE LODGING AGREEMENT 

21.       USE OF DEMOTED ENGINEERS 

a)         When demoted engineers are used in emergency service, one basic day at the Engineers Extra Board rate of pay shall be allowed in addition to all other earnings for the service performed 

22.       FOURTEEN HOUR REST OPTION 

a) Fourteen hours rest to be allowed an engineer who has been aggregated out of the away from home terminal on split rest and return trip does not meet minimum eight hour standard

b) Extra board engineers to be allowed the opportunity to book fourteen hours rest at their home terminal, if having worked a minimum of eight hours on a shift or run prior to request

c) When an extra board engineer exercises this option the fourteen hour rest period will not be held against any extra board guarantee payments

23.       OPS-35-81 DATED APRIL 24, 1981

a)         Amend Section 707.1 to include extra board vacancies

24.       EFFICIENCY TESTING

a)         BNSF Uniform Efficiency Testing files to be made available to the employee at the BLE Local Chairman's request

25.       ESTABLISH AN AGREEMENT THAT REQUIRES CARRIER PROVIDED COMPUTER ACCESS (CREW CALLING SYSTEM/INTERNET) AT AWAY FROM HOME TERMINAL LODGING FACILITIES

26.       ESTABLISH AN AGREEMENT REQUIRING PAYMENT OF ONE HOUR PER LOCOMOTIVE FOR EACH LOCOMOTIVE INSPECTION PERFORMED

27.       ESTABLISH AN AGREEMENT GOVERNING THE SELECTION OF REQUIRED FOOTWEAR

28.       ESTABLISH AN AGREEMENT GOVERNING 401K PERMITTING MAXIMUM EMPLOYEE INVESTMENT UNDER APPLICABLE LAW

29.       MODIFY CURRENT AGREEMENT GOVERNING ENGINEER ONLY HELPER OPERATIONS TO ALLOW ALL PAYMENTS AT 1 %2 TIMES CURRENT RATES

30.       ESTABLISH AN AGREEMENT REQUIRING THE CARRIER TO PAY INTEREST PENALTIES ON VALID TIME CLAIMS WHEREIN PAYMENT IS DENIED OR DELAYED