Brotherhood of Locomotive Engineers & Trainmen

 


Mr. R.L. Luther
General Director, Labor Relations  BNSF Railway
P.O. Box 961030
Ft. Worth, TX 76161-0030

Dear Mr. Luther:

This is in reference to UTU General Chairman Fitzgerald's letter dated April 17, 2006 concerning application of our just recently executed Agreement governing the extension of the Portland/Vancouver Switching Limits. Specifically, Chairman Fitzgerald complains about the manner in which the Road Switchers described in our agreement are being utilized within the confines of the extended terminal.

We have reviewed our agreement and compared it to Chairman Fitzgerald's account and this is to advise that we agree with the position taken by Chairman Fitzgerald. Would you please advise of the steps being taken to advise local management of the requirements of the agreement. As you can expect, when agreements are violated in wholesale fashion before the ink is even dry it rarely generates the results your office or ours set out to accomplish.

Sincerely,

/s/ Dennis R. Pierce
General Chairman

cc:                 John Fitzgerald, General Chairman, UTU
                    Gary Virgin, Associate General Chairman, UTU
                     Rick Etienne, LC 758

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

 

Fax (817) 352-7462
And U.S. Mail

April 17, 2006

R.L. Luther
General Director - Labor Relations
BNSF Railway. Company
P.O. Box 961030
Ft. Worth, TX 76161-0030

                                                                                                                                                            Re: Clarification, NP Road Switchers
Dear Mr. Luther:                                                                                                                                   On duty Vancouver, WA

In regard to the above reference, this inquiry concerns paragraphs 3 and 4 of Side Letter No. 1 associated with the Extension of General Switching Limits. The two (2) paragraphs read as follows

"3. In addition to their regular duties, these road switcher movements in the assigned road territory will include hours of service relief, shuttling trains to road territory from any location within the consolidated terminal, shuttling train from road territory to any location within the consolidated terminal, or yard trains received in road territory within the consolidated terminal an designated tracks, to include interchange.

4. These road switcher assignments will not be required nor allowed to Perform yard service or yawl transfer service within the consolidated terminal. However, these road switchers will be allowed to advance solid over the road trains within the limits of the consolidated terminal for outbound staging purposes only, to include over-the-road interchange trains."

1. As shown by attached delay reports on April I5. 2006, the Road Switcher was utilized to double a train together, air test and transfer to North Portland Jct.
   On April 15, 2006, the Road Switcher received a train at Vancouver Jct, totally within the old terminal limits, delivered the train to UP Albina Yard, deliver power to Willbridge Yard and van to Vancouver.
    

2. On Aril 16, 2006, the Road Switcher was used to dog catch train MPASLYD at 8th Street, setout at T-6, East St. John, W-Yard, Lake Yard and return power to T-6; the same crew then used to dog catch train MVBCPAS at Vancouver proper and deliver to UP Albina Yard with power beck to Vancouver.
    

3. On April 17, 2006, the Road Switcher was used to dog catch MPASVAW at FMC (Vancouver proper) and yard train in B-2 Vancouver, with power to the house at Vancouver.
    

The above movement in 1) does not comport with either paragraph 3 or 4. The above movement in 2), 3) and 4, all occurred within old switching limits, let alone outside the new limits.

As such movements in 2), 3) and 4) do not comport with paragraph 3 nr 4.

Request response.

With best wishes, I am

Yours truly,

/s/ JD Fitzgerald
General Chairman

cc:                 G.K. Virgin
                     D.R. Pierce
                     J.L. Shollmeyer