Brotherhood of Locomotive Engineers & Trainmen
Dennis R. Pierce |
GENERAL COMMITTEE OF ADJUSTMENT |
VICE
CHAIRMEN |
|
General Chairman |
801 CHERRY ST., SUITE 1010 Unit 8 |
J.H. NELSON SECRETARY-TREASURER GALESBURG, IL 61401 |
ALL LOCAL CHAIRMAN | August 8, 2005 |
BNSF NORTHLINES AND MRL | File: Portland Yard Sale/ UTU Misinformation |
Dear Sirs and Brothers:
It would appear that the UTU International office has finally spun so much
disinformation that the proverbial egg is now on UTU's own face. This is in
reference to a post that appeared on www.utu.org
on Friday August 5, 2005 titled "How to smoke out a pair of skunks". UTU's post
was apparently written in reply to the BLET post titled "UTU seeks sell out of
BNSF Engineers". In its post of August 5, UTU went to great lengths to avoid the
actual facts of the BLET post. Instead UTU followed its classic Frank Wilner
style by throwing distraction and misrepresentations at the issue, ultimately
making several cheap name calling personal attacks against BLET, IBT and myself.
As Abe Lincoln was quoted to have said, "You may fool all the people some of the
time; you can even fool some of the people all the time; but you can't fool all
of the people all the time." Nothing could be more on point in this latest pack
of UTU distortions.
In its post, UTU makes multiple references to a "proposal" that BLET and the
undersigned officer made in an attempt to avoid line sales on BNSF. UTU went so
far as to personally attack the undersigned for making the so called "proposal",
while avoiding any discussion on BLET's original complaint. That complaint being
the proposal that UTU wrote and submitted to BNSF that would have eliminated
yard engineers in the Portland Yard while allowing ground men to operate
locomotives in conventional fashion. While it is true that BLET "proposed" that
both unions adopt an agreement that retained one engineer and one conductor to
avoid the sale of the involved assignments, UTU overlooked one key fact in
BLET's so called proposal.
BLET did not write an agreement proposing the elimination of one groundman on
the affected jobs at Portland as UTU purports. Instead, BLET proposed that both
unions adopt the agreement that BLET and UTU have already implemented on BNSF
eliminating one groundman to avoid a line sale. Yes that is correct, back before
Paul Thompson decided that no one in UTU could discuss "Crew Consist", UTU and
BLET jointly negotiated an agreement with BNSF that reduced crew size to one
engineer and one conductor to avoid a line sale in Texas. That agreement was
approved by the UTU International is now in affect on the former ATSF portion of
this railroad. (see attached.) You will note that it was UTU that negotiated and
agreed to reduce its own crew size to avoid a line sale, the key portion of both
agreements being found in Section 7:
Section 7. Except as provided in this agreement, all schedule rules and
agreements will apply to these assignments. While there are references to both
engineers and conductors in this agreement, its adoption is contingent on the
signature by each organization for the portions where they hold jurisdiction-
Imagine that - both unions at the same table, retaining their respective craft
jurisdictions, each side having the right to agree or disagree, could it be
"craft autonomy"? That's what BLET proposed to avoid the Portland sale, and no
amount of UTU spinning by "Frank-and-Paul" can change those facts. In its haste
to distract from the plan that UTU wrote by itself to eliminate the engineer, (a
craft that they do not represent on BNSF), UTU looked for someone else to blame
in its classic form. Unfortunately, this time they forgot that they are the ones
that agreed to reduce ground crew size in the past to avoid line sales and
adoption of that UTU agreement is all that BLET "proposed".
Not only was the jointly negotiated BNSF/UTU/BLET Agreement implemented by both
unions in Texas, a similar agreement was agreed to by the parties to avoid a
line sale in Whitefish, Montana. While UTU General Chairman Fitzgerald now
denies initialing that proposal, we have attached an initialed copy of that UTU
proposal that we received prior to sending the BLET copy out for ratification to
jog his memory. In this climate where no one in UTU can discuss Crew Consist, we
understand John's "amnesia", but it doesn't change the fact that UTU signed the
agreement in Texas and later initialed the same agreement in Montana. How silly
of BLET to suggest that we look at that same proposal again to avoid a later
line sale.
Without getting into each and every tired old accusation that UTU has peppered
its post with, you can rest assured that BLET did no negotiating behind closed
doors to attack the ground men's craft. Once notified of the proposed sale, we
asked for a joint meeting with UTU and BNSF to discuss the possible adoption of
the attached agreements. Ironically, unlike any agreements that UTU has
negotiated on its own, the agreements that BLET proposed considering actually
have hard fast language preventing the Carrier from selling the covered portion
of the operation so long as the agreement is in effect. UTU obtained no such
protection in its remote control sell out, in fact yards where UTU represented
employees operate RCO are also up for sale and UTU has no agreement to prevent
the sales.
As for our request to meet jointly, UTU did not even respond, instead they met
alone with BNSF behind closed doors in our absence , returning to their offices
after the meeting to draft an agreement that was clearly intended to eliminate a
craft for which UTU holds no jurisdiction on this property. UTU General Chairman
Fitzgerald summed it up in his letter defending the proposal where he stated,
"In sum, the undersigned represents the interest of ground service employees. I
do not represent the interest of engine service employees....". While UTU's "E"
membership may not realize it, Mr. Fitzgerald's statement is more true than any
of them realize. Even so, it is no justification for UTU's latest attempt to
grab conventional operations from the engineer's craft. Ironically, General
Chairman Fitzgerald wrote to BNSF on August 2, 2005, just days before the post
on utu.org, asking if the joint "one engineer/one conductor" agreement that BLET
proposed was still available to avoid the sale of the Pasco, WA yard. Its ok
when UTU suggests it, but when BLET suggests it, the hypocritical name calling
begins.
We certainly empathize with UTU in its current plight. They were very
comfortable in the Carrier's bed during implementation of "remote control" in
yard service; so comfortable that this new Carrier run at Crew Consist offends
them. Apparently, they never thought that the classic Carrier whipsaw would
point at them again, but that is where it appears to be pointed. In spite of
BLET's offers to bargain jointly, either on property or nationally, UTU refuses,
instead attacking everything BLET and IBT along the way. While former UTU
"Enterprise" President Boyd openly stated during the remote control grab that
UTU had learned its lessons on saying no during the caboose wars and the last
crew consist war, "Just say NO!" appears to again be the enterprise logo.
UTU can dust off all of the tired old pot shots over MRL that they want, but the
fact remains that the involved former BN trackage was sold the last time UTU
"Just said No", and for what? UTU ultimately agreed to new crew consist language
on the northern lines of Burlington Northern and BNSF crews on those lines are
the same size now as those on MRL. History now stands to repeat itself. The
Carrier has said it will sell large portions of this property if UTU will not
discuss crew size and all indications are that they will. Apparently even the
lessons history provides are being ignored, instead UTU puts out spin after spin
blaming BLET and IBT for all of the industry's woes. All of this from a union
that has publicly said that it will negotiate on one man road crews in this
bargaining round so long as it is the engineer that goes by the wayside.
The bottom line in all of this is that while BLET did not write an agreement
that eliminated a ground craft position, UTU did write an agreement that
eliminated the engineer. BLET was not invited to the table in UTU's effort, but
the proposal that BLET suggested was jointly created and required both unions'
approval. No amount of petty name calling and misrepresentations by UTU can hide
these facts. One thing is for certain, Paul Thompson is no "Honest Abe" and he
wont fool all of the people all of the time.
Fraternally,
/s/ Dennis R. Pierce
General Chairman
cc: Advisory Board, BLET National Division
Members, BLET Western General
Chairmen's Association
Kent Confer, BLET Mobilization
Coordinator
UNITED TRANSPORTATION UNION (From August 5, 2005- posted at http://www.utu.org)
How to smoke out a pair of skunks
The BLET has an outright fabrication on its website, with an equally dishonest
headline: "UTU seeks sell-out of BNSF engineers."
The BLET wrongly charges that UTU proposes to eliminate locomotive engineer jobs
on the BNSF in Washington and Oregon.
The truth is that BNSF Railway is seeking to eliminate -- with the assistance of
their lapdog union, the BLET -- job protections that the UTU painstakingly
achieved for its members.
We smell a pair of skunks -- and their names are BNSF Railway and BLET.
Here is what the BNSF, with the assistance of its lapdog BLET, is seeking to
eliminate:
•A crew consist agreement requiring two UTU-represented employees -- a switch
foreman and a switchman -- on each crew;
•A rule granting UTU-represented employees the exclusive right to operate
remotely controlled locomotives;
•A rule granting UTU employees the exclusive right to perform all ground service
work;
•Rules stipulating that a UTU-represented employee (conductor or foreman) is the
employee in charge of the crew.
What is going on here is that the BLET has no job protection for its own
members, and is trying to sell out the job protections the UTU has achieved for
its members.
Fact: The BLET has no rule requiring BNSF to use a BLET-represented employee on
any crew.
Fact: The BLET has no rule requiring BNSF to use a BLET-represented employee to
operate RCL locomotives.
Fact: The BLET has no rule entitling a BLET-represented employee to perform
switchman's work.
Fact: The BLET has no rule stipulating that an engineer will be the employee in
charge of a crew.
Fact: The BLET could have had a guarantee of 50 percent of all remote control
assignments. That guarantee was offered by the UTU if the BLE merged with the
UTU. Instead, the BLE chose to merge with a truck driver's union.
So what has BLET General Chairman Dennis R. Pierce done to remedy the failure of
BLET to protect its own members? Pierce climbed in bed with BNSF management and
proposed eliminating a UTU-represented remote control position and replacing
that position with a locomotive engineer.
Pierce's screw-another-craft proposal came after the BNSF threatened to sell off
various yards to short-line operators, who would not be required to honor
existing labor agreements. The BNSF said it would relent if the BLET and UTU
agreed to concessions to reduce labor costs by 25 percent.
The UTU, knowing the BNSF is lower than a snake's belly in a wagon rut, said,
"Hell, no. We won't be intimidated." The UTU knows how the BNSF operates -- such
as the BN's failed attempt years ago to use its subsidiary, Winona Bridge, to
beat UTU crew-consist agreements.
But the BNSF is a crafty devil, ready to exploit differences between the UTU and
the BLET through a divide-and-conquer strategy.
This is just as BN did by selling off Montana Rail Link years ago -- with the
BLET jumping into bed with the carrier and freezing the UTU out of
representation. Of course, the UTU struck the BN and made it stick in court,
eventually winning a good measure of labor protection for trainmen who lost
their jobs on BN.
But when BNSF tried its scam again -- by threatening to sell yards to short-line
operators -- the BLET again took the bait while the UTU again told the carrier
to pound salt.
That bait was taken -- hook, line and sinker -- by the BLET's Pierce, who made
what he calls a "compromise." The BLET, said Pierce, "suggested that the carrier
operate with two-man crews in the yard -- one BLET-represented locomotive
engineer and one UTU-represented remote control operator."
These yard assignments currently consist of one locomotive engineer and two
yardmen, or two remote control yardmen assignments.
If you reduce the crew to two -- an engineer and a UTU-represented remote
control operator -- where is Pierce's compromise?
The compromise is a BLET sell-out of one UTU-represented train service position
while preserving the engineer on the assignment.
And, on a two-person remote control assignment, with two UTU-represented RCL
operators, where is Pierce's compromise?
Again, the compromise is a BLET sell-out of another craft, leaving one engineer
and one UTU-represented RCL operator.
Disgracefully, the BLET's so-called compromise eliminates UTU positions
protected by crew-consist agreements and remote control agreements in favor of
the engineer.
Those being the facts, the BLET is now trying to blame the UTU.
It was only after the UTU became aware of the BLET's attempt to sell-out a
UTU-represented employee that the UTU made its own proposal to the BNSF.
The UTU proposed two RCL operators, with one RCL operator being a conductor
qualified as an engineer.
This would have satisfied UTU's crew-consist agreements, protected
UTU-represented employees and addressed BNSF's concerns.
The BNSF turned down the UTU proposal in favor of the BLET's because the BNSF is
attempting to open up crew consist -- and the BLET is an all-too-willing partner
in this carrier treachery.
What we have is another tawdry example of how the BLET operates -- disguising
its own ineptness in failing to protect engineers by seeking to sell-out another
craft -- and then blaming the UTU. It's like the child who murdered his parents
and then who pleads for mercy on account of his being an orphan.
As with the Lake Erie Plan, as with its capitulation in the Montana Rail Link
deal, as with the sell-out of conductors on VIA Rail, as with its collaboration
with carriers in helping to eliminate the fireman's craft in the 1960s, as with
its scabbing when attempts were made to restore firemen, and as with its
scabbing against the UTU on the Soo Line in the 1990s, the BLET is back to its
foul ways.
Had the BLE and UTU come together under the UTU's craft-autonomy protection,
carriers would not be able to play the two organizations against one another.
Instead, the BLE chose to align itself with a truck drivers' union.
The BLET is just unable to stop selling out other crafts. The leopard can't
change its spots. What a shame, because all of rail labor is the loser as a
result.
August 5, 2005
WOW! Mr. Wilner is an amazing spin
doctor. Too bad reality doesn't enter his thoughts.
Below are listed the various agreements and proposals that have already been
negotiated.
BNSF Railway
WENDELL BELL General Director Labor Relations |
The BNSF Railway Company |
PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Garden Level NOC Fort Worth TX 76161-0030 Phone: 817-939-8249 Fax: 817-352-7482 |
June 2, 2004
Mr. Paul Tibbit, GC
United Transportation Union
Dear Mr. Tibbit:
This letter will cover the terms and conditions that we have agreed upon for
operation of the Venus -- Hale industrial trackage as an internal short line.
These terms are being reached as a new, experimental arrangement, in the mutual
interest of both parties, and as an alternative to the sale or lease of this
trackage.
We have agreed that the following terms will apply:
1. This agreement will apply only to the assignments that work on the industrial
trackage in the Venus vicinity, presently designated as RTEX 0101, RTEX 0091 and
RTEX 0121 and RTEX 0071.
2. All four of these assignments will operate as Conductor-only. All four of
these assignments may be operated as remote-control operations (RCO). Present
plans, however, are to operate only the RTEX 0091, the Red Bird industrial job,
In that manner.
3. A utility man position will be established, and may work with any of the jobs
involved in this agreement. The utility man may be required to use a company
vehicle to go between the areas where he is needed to work with these
assignments, or he may, at his own option, use his own vehicle. If he uses his
own vehicle, he will be allowed auto mileage as expenses at applicable IRS
mileage rates.
4. If any of these road switcher assignments are required to utilize remote
control equipment in the performance of their duties, the crew shall consist of
one engineer and one conductor, and they will utilize the RCO equipment in the
performance of their duties. Only RCO-qualified employees will be eligible to
bid for or work on the positions on road switcher assignments utilizing remote
control equipment. For vacancies on any such RCO assignments, only RCO-qualified
employees on the extra list are subject to call.
5. Training for the positions on the assignments that utilize remote control equipment will be done under BNSF's FRA-certified training program and OPS 166-03.
6. Each employee working on the assignments covered
by this agreement will be paid a special internal shortline rate of $195.
Overtime, paid at time and one-half, will apply after 8 hours; no other
arbitraries, special allowances or special CA Code payments will be applicable
to these assignments. At the company's option, any of these road switcher
assignments may be allowed a rate of $260 for 10 hours or less, with overtime,
at time and one-half, applicable after 10 hours on duty. These rates will be
subject to future general wage increases and cost-of-living allowances. For
purposes of vacation pay, personal leave days and other provisions that
contemplate payment at basic day rates, the basic day payment In road switcher
service will remain applicable.
7. Except as provided in this agreement, all schedule rules and agreements will
apply to these assignments. While there are references to both engineers and
conductors in this agreement, its adoption is contingent on the signature by
each Organization for the portions where they hold jurisdiction.
8. Employees who become RCO-qualified to perform service in this operation will
not be forced to protect RCO operations at Alliance, and they will not be
force-assigned to any other RCO assignments beyond the normal application of
seniority rules.
9. This agreement will be effective upon 5 days' written notice (which will be
issued after necessary training is completed), and will continue in effect until
July 1, 2008. On that date and thereafter, this agreement will be of no further
force or effect, and applicable schedule rules and agreements will apply. During
the period that this agreement is in effect, BNSF will not sell, lease or
otherwise "short-line", under Sec. 10901 or similar provisions, the lines and
territory where this agreement applies.
10. It is agreed that this agreement, except for purposes of its own
enforcement, is completely non-referable, and will never be cited by anyone
before any forum for any purpose whatsoever.
Please indicate your acceptance of these understandings by signing this
letter.
Sincerely
/s/ Wendell Bell
Accepted:
/s/ PW Tibbit
General Chairman - UTU
(signature illegible)
Vice President-UTU
BNSF Railway
WENDELL BELL General Director Labor Relations |
The BNSF Railway Company |
PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Garden Level NOC Fort Worth TX 76161-0030 Phone: 817-939-8249 Fax: 817-352-7482 |
June 2, 2004
Mr. Pat Williams, GC
Bhd. of Locomotive Engineers and Trainmen
Dear Mr. Williams:
This letter will cover the terms and conditions that we have agreed upon for
operation of the Venus - Hale industrial trackage as an internal short line.
These terms are being reached as a new, experimental arrangement, in the mutual
interest of both parties, and as an alternative to the sale or lease of this
trackage,
We have agreed that the following terms will apply:
1. This agreement will apply only to the
assignments that work on the industrial trackage in the Venus vicinity,
presently designated as RTEX 0101, RTEX 0091. and RTEX 0121 and RTEX 0071.
2. All four of these assignments may be operated as remote-control operations
(RCO). Present plans, however, are to operate only the RTEX 0091, the Red Bird
industrial job, in that manner.
3. If any of these road switcher assignments are required to utilize remote
control equipment in the performance of their duties, the crew shall consist of
one engineer and one conductor, and they will utilize the RCO equipment in the
performance of their duties. Only RCO-qualified employees will be eligible to
bid for or work on the positions on road switcher assignments utilizing remote
control equipment. For vacancies on any such RCO assignments, only RCO-qualified
employees on the extra list are subject to call.
5. Training for the engineer's positions on the assignments that utilize remote
control equipment will be done under BNSF's FRA-certified training program and
training will be afforded to a sufficient number of engineers to both fill the
assignments and provide relief. Engineers in this training will be compensated
at the yard engineers rate of pay plus one Code RE payment per tour of duty if
actually handling RC equipment.
6. If any of these road switcher assignments are required to utilize remote
control equipment in the performance of their duties, the engineer will be paid
a special internal shortline rate of $195. Overtime, paid at time and one-half,
will apply after 8 hours; no other arbitraries, special allowances or special CA
Code payments will be applicable to these assignments. At the company's option,
that engineer may be allowed a rate of $260 for 10 hours or less, with overtime,
at time and one-half, applicable after 10 hours on duty. These rates will be
subject to future general wage increases and cost-of-living allowances. For
purposes of vacation pay, personal leave days and other provisions that
contemplate payment at basic day rates, the basic day payment in road switcher
service will remain applicable.
7. Except as provided in this agreement, all schedule rules and agreements will
apply to these assignments. While there are references to both engineers and
conductors in this agreement, its adoption is contingent on the signature by
each organization for the portions where they hold jurisdiction.
8. Employees who become RCO-qualified to perform service in this operation will
not be forced to protect RCO operations at Alliance, and they will not be
force-assigned to any other RCO assignments beyond the normal application of
seniority rules.
9. This agreement will be effective upon 5 days' written notice (which will be
issued after necessary training is completed), and will continue in effect until
July 1, 2008. On that date and thereafter, this agreement will be of no further
force or effect, and applicable schedule rules and agreements will apply. During
the period that this agreement is in effect, BNSF will not sell, lease or
otherwise "short-line", under Sec. 10901 or similar provisions, the lines and
territory where this agreement applies.
10. It is agreed that this agreement, except for purposes of its own
enforcement, is completely non-referable, and will never be cited by anyone
before any forum for any purpose whatsoever.
Please indicate your acceptance of these understandings by signing this letter.
Sincerely,
Accepted :
/s/ Wendell Bell
/s/ Pat Williams
General Chairman - BLET
BNSF Railway
WENDELL BELL General Director Labor Relations |
The BNSF Railway Company |
PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Garden Level NOC Fort Worth TX 76161-0030 Phone: 817-939-8249 Fax: 817-352-7482 |
July 15, 2004
Mr. John Fitzgerald,
GC United Transportation Union
Dear Mr. Fitzgerald:
:This letter will cover the terms and conditions that we have agreed upon for
operation of certain assignments in the Whitefish area as a result of discussion
after Burlington Northern Santa Fe's (BNSF's) determination that the line from
Stryker to Eureka and the Kalispell branch would be sold or leased.
We have agreed that the following terms will apply:
1. This agreement will apply to the assignments
that work on the Stryker Eureka line and the Kalispell line (the territory
presently served by LNMW 808 and LNWE 802, respectively).
2. Per paragraph 10 below, when these conditions become effective, the
identified locals will be abolished. In their place, on a one--for-one basis and
serving the same territory, road switcher assignments under the road switcher
agreement will be established; it is agreed that the establishment of such
assignments, serving the specified territory, is permissible. The Kalispell line
road switcher assignment can be headquartered at either Whitefish or Kalispell.
3. Because the crews on these road switcher assignments will be utilizing remote
control equipment in the performance of their switching duties, following the
initial training and implementation only RCO-qualified employees will be
eligible to bid for or work on the positions on these road switcher assignments.
For vacancies on these assignments, only RCO-qualified employees on the extra
list are subject to call.
4. Training for the conductor's positions on the road switcher assignments will
be done under BNSF's FRA-certified training program and OPS 166-03. Training
will be afforded to a sufficient number of conductors to both fill the
assignments and provide relief.
5. On each of the road switcher assignments, the crew shall consist of one
engineer and one conductor, and they will utilize the RCO equipment in the
performance of their duties. It is understood and agreed that the remote control
operation will not be utilized within switching limits or when switching is not
being performed. As the GCOR Rules provide, "The conductor supervises the
operation and administration of the train." In addition, "The engineer is
responsible for safely and efficiently operating the engine. Crew members must
obey the engineer's instructions that concern operating the locomotive."
6. Each employee working on these road switcher assignments will be paid a
special allowance per tour of duty equal to one hour at the straight time hourly
rate of the applicable position in addition to all other earnings, including
Conductor-only allowance. In no event will there be more than one such payment
to an employee per tour of duty.
7, Except as provided in this agreement, all schedule rules and agreements will
apply to these assignments.
8. While there are references to both engineers and conductors in this
agreement, Its adoption is contingent on the signature by each organization for
the portions where they hold jurisdiction.
9. The above identified assignments will be prohibited from performing any
yard/road work In Whitefish, Montana that is not presently allowed under
existing applicable agreements including the May 20, 1993 Crew Consist
Agreement.
10. This agreement will be effective
________________ and the assignments covered by it will not be established until
the necessary training is completed. It will not be cancelled by either party
before July 1, 2006. During the period that this agreement Is in effect, BNSF
will not sell, lease (or otherwise "short-line") the lines and territory where
this agreement applies.
Please Indicate your acceptance of these understandings by signing this
letter.
Sincerely,
Accepted
/init/ WB
/init/ JDF
General Chairman . UTU
BNSF Railway
WENDELL BELL General Director Labor Relations |
The BNSF Railway Company |
PO Box 961030 Fort Worth TX. 76161-0030 2600 Lou Menk Drive Garden Level NOC Fort Worth TX 76161-0030 Phone: 817-939-8249 Fax: 817-352-7482 |
July 15, 2004
Mr. Dennis Pierce, GC
Bhd. of Locomotive Engineers & Trainmen
Dear Mr. Pierce:
This letter will cover the terms and conditions that we have agreed upon for
operation of certain assignments in the Whitefish area as a result of discussion
after Burlington Northern Santa's (BNSF's) determination that the line from
Stryker to Eureka and the Kalispell branch would be sold or leased.
We have agreed that the following terms will apply:
1. This agreement will apply to the assignments
that work on the Stryker - Eureka line and the Kalispell line (the territory
presently served by LNMW 808 and LNWE 802, respectively).
2. Per paragraph 10 below, when these conditions become effective, the
identified locals will be abolished. In their place, on a one-for-one basis and
serving the same territory, road switcher assignments under the road switcher
agreement will be established; it is agreed that the establishment of such
assignments, serving the specified territory, is permissible. The Kalispell line
road switcher assignment can be headquartered at either Whitefish or Kalispell.
3. Because the crews on these road switcher assignments will be utilizing remote
control equipment in the performance of their switching duties, following the
initial training and implementation only RCO-qualified employees will be
eligible to bid for or work on the positions on these road switcher assignments.
For vacancies on these assignments, only RCO-qualified employees on the extra
list are subject to call.
4. Training for the engineer's positions on the road switcher assignments will
be done under BNSF's FRA-certified training program and training will be
afforded to a sufficient number of engineers to both fill the assignments and
provide relief. Engineers in this training will be compensated at the yard
engineer's rate of pay plus one Code RE payment per tour of duty if actually
handling RC equipment.
5. On each of the road switcher assignments, the crew shall consist of one
engineer and one conductor, and they will utilize the RCO equipment in the
performance of their duties. It is understood and agreed that the remote control
operation will not be utilized within switching limits or when switching is not
being performed. As the GCOR Rules provide, "The conductor supervises the
operation and the administration of the train." In addition, "The engineer is
responsible for safely and efficiently operating the engine. Crew members must
obey the engineer's instructions that concern operating the locomotive."
6. Each employee working on these road switcher assignments will be paid a
special allowance per tour of duty equal to one hour at the straight time hourly
rate of the applicable position in addition to all other earnings. In no event
will there be more than one such payment to an employee per tour of duty.
7. Except as provided in this agreement, all schedule rules and agreements will
apply to these assignments.
8. While there are references to both engineers and conductors in this
agreement, its adoption is contingent on the signature by each organization for
the portions where they hold jurisdiction.
9. The above identified assignments will be prohibited from performing any
yard/road work in Whitefish, Montana that is not presently allowed under
existing applicable agreements.
10. This agreement will be effective and the assignments covered by it will not
be established until the necessary training is completed. It will remain in
effect until cancelled, but will not be cancelled by either party before July 1,
2006. During the period that this agreement is in effect, BNSF will not sell or
lease (or otherwise "short-line") the lines and territory where this agreement
applies.
Please indicate your acceptance of these understandings by signing this letter.
Sincerely,
Accepted:
/init/ WB
/init/ DRP
General Chairman . BLET
J. D. FITZGERALD
The Academy. Suite 217
Telephone: (360) 694-7491
General Chairman
400 East Evergreen Blvd
Fax:: (360) 694-2049
Vancouver, WA 98660
E-mail: JDFITZ386@aol.com
UNITED TRANSPORTATION UNION
GENERAL COMMITTEE of ADJUSTMENT GO-386
Burlington Northern Santa Fe Railroad, Montana Western Railroad,
Colorado and Southern Railroad and Portland and Puget Sound Railroad
Of Counsel
M. M. WINTER
G.O. HARTSOCK
August 2, 2005
W.A. Bell
General Director - Labor Relations
BNSF Railway Company
P.O. Box 961030
Ft. Worth, TX 76161-0030
Re: Bell Letter of July 25, 2005 Involving Trackage in Pasco, WA Area
Dear Mr. Bell:
In regard to the above reference, this will serve as inquiry.
Would it be correct that should the BLET and UTU Committees having jurisdiction
come to terms with BNSF regarding operations on that trackage, such sale/lease
would be shelved.
By terms, the undersigned means an operation of road switcher assignments manned
by a conductor and engineer with the requirement the engineer be RCO qualified
and able to work from the ground or behind the engine console.
Please advise if that option remains open as expressed during our meeting in Ft.
Worth on T-6 and Rivergate in Portland/Vancouver Terminal.
Awaiting your response, I am,
JDF/aas
cc: D.R. Pierce
G.K. Virgin
R.K. Kerley
A.M. Johnston
J.L. Schollmeyer