Brotherhood of Locomotive Engineers

John J. Fleps                                                                                     July 30, 2002
Vice President-Labor Relations                                                         File: Remote Control
Burlington Northern Santa Fe Railway                                               Via Fax and U.S. Mail
P. 0. Box 961030
Fort Worth, TX 76161-0030

Dear Mr. Fleps:

This is in reference to our previous conversations concerning the use of employees other than locomotive engineers to operate locomotives in yard service from the cab of the involved locomotives. In this regard, we previously discussed the use of so called "remote control operators" , who are not assigned as locomotive engineers, to operate locomotives from the controlling cab of the locomotive.

We are now in receipt of photographs as well as a signed affidavit detailing this continuing practice and must reiterate that we do not agree that this type of operation falls under the description of "remote control operations". The photographs show that although the "remote control operators" may be operating what has become a wireless controller from within the cab of the locomotive, they are not remotely controlling or remotely communicating with the locomotive. Rather, the employee in the controlling cab of the locomotive is receiving input in the traditional manner via hand signs and radio communications from other members of the ground crew and from track side signals. Acting on these same verbal and visual signals received from the ground, the "remote control operator" is operating the locomotive only inches from the standard control stand, utilizing the same throttle/brake technology found within that control stand, in the same manner as an engineer would.

With all due respect to the order of the United States District Court for the Northern District of Illinois in this matter, our review of the transcript in the those proceedings shows that the operations of which we complain are contrary to the representations made to the Court by Counsel for the Carriers, including BNSF, as to how the remote control would be used. In fact, due to those representations, the transcript establishes that this type of operation was neither contemplated by the Court, nor was it part of the operation that the Carrier was allowed to implement under the Court's order. For that reason, I again request that the Carrier discontinue the operation of locomotives by "remote control operators" from within the control cab of the locomotive. We do not agree that this type of operation is sanctioned by the Court's order and apart from our previously stated position on remote control operations, we ask that the Carrier refrain from utilizing other than locomotive engineers to operate locomotives from within the cab of the locomotive.

Respectfully,

Dennis R. Pierce
General Chairman

Cc: Carl Ice, Senior Vice President Operations
Dave Dealy, Vice President Transportation
Milton Siegele, AVP, LR
D.M. Hahs, BLE International President
H.A. Ross, Counsel
Steve Speagle, BLE Vice President
Rick Radek, BLE Vice President
All Local Chairmen
BLE General Chairmen