CREW CONSIST AGREEMENT

Between

BURLINGTON NORTHERN INC.

and

Its Employees Represented By

UNITED TRANSPORTATION UNION

Effective

June 29, 1984

 

BURLINGTON NORTHERN RAILROAD COMPANY

(Formerly Colorado and Southern, Fort Worth and Denver and Joint Texas Division of the Chicago, Rock Island and Pacific/Fort Worth and Denver)

and the

UNITED TRANSPORTATION UNION

IT IS AGREED:

The consist of all road freight and yard crews, except as otherwise provided in this Agreement, shall be not less than a conductor (foreman) and two brakemen (helpers). Such crews will hereinafter be referred to as standard crews. As used in this agreement, "foreman" is intended to also Include those foremen who are designated as "footboard yardmasters" and, "Yardman" Includes foremen, helpers and any other yard service assignment or work that is governed by the applicable yardman's schedule.

Questions and Answers

Q. #1 Does this Agreement change or in any manner affect the consist of crews in passenger service?

A. #1 NO.

Q. #2 Does "brakeman (helper)" indicate a combined brakeman and yardman or combined road/yard extra board?

A. #2 No. It means a brakeman or yard helper depending upon whether the statement is being applied to a road crew or a yard crew in a particular instance.

Article I

The reduction of a road freight service brakeman or yard helper position from any crew shall be made solely on pure attrition basis; i.e., no road freight brakeman or yardman helper position available to a protected employee under schedule rules will be blanked, nor will a protected

employee be furloughed or remain on furlough as long as a reduced crew is operating on his seniority district, except under certain conditions hereinafter provided.

Article 2

(a) All employees holding a seniority date on brakemen and/or yardmen seniority rosters on the effective date of this agreement shall be known and designated as "protected employees." Any such employee in a dismissed or suspended status as of the effective date of this agreement, or there-after, who is subsequently reinstated with seniority rights unimpaired shall also be a protected employee.

Question and Answer

Q. #1 Does "or thereafter" apply to future dismissals?

A. #1 Yes.

(b) A protected employee shall retain the right to exercise seniority to must fill, blanked or blankable second brakeman or second yard helper positions (except those specified in Article 15 below and assignments which could be manned by one conductor (foreman) and one brakeman (helper) prior to the effective date of this agreement), subject to certain conditions provided for in this agreement.

Questions and Answers

Q. #1 Will blankable second brakeman/helper positions continue to be bulletined?

A. #1 Yes, where rules now require. When no bid is received for such a position from a protected employee the position will be blanked.

Q. #2 Does a protected employee retain the right to exercise seniority to a blanked second brakeman/helper position?

A. #2 Yes, if he is entitled to a bump, except on those positions that are subject to the above parenthetical exception.

Q. #3 Are protected extra employees to be called to fill a position that has been blanked?

A. #3 No.

Q- #4 Are protected extra employees to be called for a vacancy on a blankable position?

A. #4 Yes, to the extent they are rested and available (subject to, the limitation that is in Article 7(c) and (d) hereof).

(c) Brakemen and/or switchmen establishing seniority after the effective date of this Agreement shall be known and designated as "non-protected employees" and shall not have the right to exercise seniority to or otherwise be used on blanked or blankable second brakeman or second yard helper positions. Other limitations on their seniority rights are as contained in Articles 6 and 7.

Question and Answer

Q. #1 If a protected employe declines or fails promotion, does he lose his protected status?

A. #2 No.

Article 3

(a) The term "must-fill positions" refers to positions covered by agreements between Carrier and UTU, except second brakeman (helper) positions in road and yard service which may be blanked pursuant to this Agreement.

(b) The term "blanked position" refers to a second brakeman or yard helper position to which no protected employee has bid (i.e., it has been blanked) and, consequently, that crew works as a "reduced crew".

(c) The term "blankable position" refers to a second brakeman or yard helper position on a standard crew which is assigned to a protected employee and which, under certain specified conditions, can be operated as a "reduced crew".

(d) A "reduced crew" is a crew that operates with a conductor (foreman) and one brakeman (helper).

Questions and Answers

Q. #1 Is it necessary to bulletin a blankable brakeman (helper) position?

A. #1 Yes, if required by schedule rules.

Q. #2 Will blankable second brakeman (helper) positions continue to be bulletined?

A. #2 Yes, until no bids are received on such a position from a protected employee and in which event the position will be blanked.

Q. #3 May protected employees exercise seniority to blanked positions that are under bulletin in accordance with schedule rules or agreements?

A. #3 Yes, to the extent permitted by schedule rules.

Q. #4 Does a protected employee retain the right to bump onto a blanked or blankable position even though it was passed up previously?

A. #4 Yes, provided he is entitled to an exercise of seniority under the applicable schedule rules.

Q. #5. May the Local Chairman request a blanked position be rebulletined without a request from an interested employee during the vacancy?

A. #5. Yes, provided the Local Chairman must identify which particular blanked vacancies he desires bulletined in both road and yard service, but not more often than ninety days.

Q. #6. When the Local Chairman requested that a blanked position be rebulletined, will the blanked vacancy be filled from the extra board during that bulletined period?

A. #6. No, but a protected regular or extra brakeman or yardman may fill the job for the life of the bulletin.

Article 4

No Carrier supervisor, official, or non-craft employees including yardmasters) shall be used to supplant or substitute in the exclusive work of any train or yard cren working under UTU Agreements.

Article 5

No protected employee will be moved from a standard crew of a conductor (foreman) and two brakemen (helpers) to reduced crew of a conductor (foreman) and one brakeman helper) In order to make such crew a standard crew of a conductor (foreman) and two brakemen (helpers), except as provided in Articles 6, 7 and 14 hereof.

Question and Answer

Q. #1 Is it intended that this Article places any restriction on the use of a brakeman onto a conductor vacancy or using a yard helper as a foreman in accordance with their promoted qualifications under existing schedule agreement rules?

A. #1 No.

 

Article 6 - Permanent Vacancies

(a) Non-protected employees may not bid for or displace (bump) onto any regular assignment as conductor, brakeman or yardman (including foreman, helper and single-position assignments such as pilots, herders, etc.) or claim a temporary vacancy on such an assignment, if there is a qualified protected employee on the extra board (subject to the exception that is paragraph (d) of this Article). Additionally, they may not bid on or be assigned to any must-fill permanent vacancy if the following provisions of this Article will then result in the assignment of a protected employee who is occupying a blankable assignment.

Questions and Answers

Q. #1. The second sentence of paragraph (a) of this Article prohibits a non-protected employee from bidding on or being assigned to any "must-fill permanent vacancy" If there is a protected employee assigned to a blankable position. Does this sentence prohibit the force-assignment (i.e., when he has not "bid") of a non-protected employee to a must-fill conductor, brake-man, foreman or yard helper position while a protected employee is assigned to a blankable position?

A. #1 Yes. It intends that he may not "bid or be assigned" (i.e., either).

Q. #2 Does the second sentence of paragraph (a) of this Article prohibit a non-protected employee from becoming assigned to the Conductors' Extra Board while a protected demoted conductor is occupying a blankable brakeman's position?

A. #2 Yes. For purposes of this sentence the Conductors' Extra Board is considered a regular assignment. This is reinforced by the fact that this extra board protects only must- fill assignments (i.e., all conductor assignments that are worked are "must-fill").

Q. #3 Does the second sentence of paragraph (a) of this Article prohibit a non-protected employee from bidding for or being assigned to any conductor regular assignment while a protected demoted conductor is occupying a blankable brakeman position?

A. #3 Yes, but only if a protected employee can be forced assigned under the provisions of this agreement and applicable schedule rules.

Q- #4 What does the word "occupying" mean in the second sentence of paragraph (a) of this Article?

A. #4 An employee is "occupying" an assignment when he is assigned to an assignment, either temporarily or "permanently", as a result of the voluntary or involuntary (i.e., force assignment) exercise of seniority. For example, it includes such things as having obtained a regular assignment by bidding or bumping on it, or being forced assigned to it. It does not include protecting an assignment on a daily or round trip basis by reason of being called from an extra board or by reason of having been used off his regular assignment in accordance with agreement rules.

Q. #5 When a conductor's regular assignment is bulletined and there are no bids (at a time when non-protected employees are prohibited from bidding because a protected employee is occupying a blankable brakeman position), who does this Agreement intend to have forced assigned?

A. #5 A demoted conductor will be assigned, as provided in the applicable schedule rules except that the person assigned must be a protected employee under this Agreement.

(b) When a permanent vacancy on a blankable brakeman or yard helper position is bulletined and there are no bids, notice will be issued blanking the position.

Questions and Answers

Q. #1 When a notice has been issued "blanking" a position under the provisions of Paragraph (b) of this Article, how does this Agreement intend that it can be reopened and assigned?

A. #1 Obviously, a non-protected employee may not reopen a blanked assignment. Insofar as a protected employee is concerned, if he has been displaced by a senior employee or his job has been abolished (or he has been displaced as a consequence of that happening to another employee), be may displace any junior employee or may reopen a blanked job.

Q. #2 How does this Article intend to handle the matter of seniority preference of other employees when a protected employee has displaced onto a previously blanked assignment?

A. #2 The reopened assignment is to be bulletined for bid from senior employees, but the displacing employee remains on it while it is under bulletin. If any senior employee bids on the assignment, be will be assigned; but if there is no bid from a senior employee, the displacing employee will remain assigned.

(c) When a permanent vacancy on a must-fill brakeman or yardman assignment (including helper, foreman and single-position yardman assignments) is bulletined and there are no bids, the assignment will be filled by force assigning (subject to the exception that is paragraph (d) of this Article) the most junior protected brakeman or most junior

qualified protected yardman on the extra board except that:

(i) A permanent must-fill brakeman vacancy on an existing pool turn, or on a new pool freight turn, that is not voluntarily filled by a protected brakeman will be filled by force assigning the most junior protected brakeman holding a blankable position in that pool or on the extra Board at the point of supply.

Question and Answer

Q. #1 Will the junior protected extra board employee be assigned or, the junior of the

protected employees on the extra board and those on blankable pool positions?

A. #1 The junior protected employee In the group composed of a combination of those on the extra board at the point of supply and those on blankable pool positions.

(ii) A permanent must-fill brakeman vacancy in regular assigned road service (i.e., a local freight, road switcher, etc.) not voluntarily filled by a protected brakeman will be filled by force assigning the most junior protected brakeman holding a blankable position in regular assigned road service headquartered at the same point (same seniority district), or on the extra board at the point of supply.

Question and Answer

Q. #1 Will the junior protected extra board employee be assigned or, the junior of the protected employees on the extra board and those on blankable positions on regularly assigned service crews at the vacancy point?

A. #1 The junior protected employee in the group composed of a combination of those on the extra board at the point of supply and on blankable positions on regularly assigned service crews at the vacancy point.

(iii) A permanent must-fill yardman vacancy that is not voluntarily filled by a protected employee will be filled by force assigning the most junior protected qualified employee holding a blankable yardman position on the same shift (i.e., that starting time bracket) in the same terminal or on the extra board: if one, then force assign the junior protected qualified employee assigned to a blankable position on the next later shift: if none, then assign the junior qualified protected employee assigned to a blankable position on the next following shift at that same terminal. EXCEPTION: A protected employee assigned to a blankable position

on the first shift (normally 6:30 -8:00 A.M. starting time) may not be forced assigned to the second and/or third shifts under the provisions of this paragraph.

NOTE: "Qualified yardman", as used in this Agreement, refers to the fact that a yardman must be qualified as yard foreman if that is the type of vacancy that was bulletined or is to be filled.

Questions and Answers

Q. #1 Do the words "same shift" and "same starting time bracket", as they appear In Articles 6(c) and 7(c), refer to the time periods referred to in existing starting time rules ?

A. #1 Yes. For example: the time periods 0630 to 0800, 1430 to 1600, and 2230 to 2400 where three eight-hour shifts are worked in continuous service.

Q. #2 Is it the intent of Paragraph (c) of this Article to force yardmen to road service or brakemen to yardman service?

A. #2 Applicable schedule rules will apply.

(iv) A permanent must-fill brakeman or helper vacancy in road or yard service that has not been assigned under the foregoing provisions will be assigned to the junior non- protected brakeman or yardman (as the case may be) on the extra board that normally protects temporary vacancies on the assignment.

(d) If one or more non-protected employees are assigned the extra board, an equal number of protected employees may elect to remain on or may elect to revert to the extra board, displacing the non-protected employee(s). Protected employees eelecting to do so will, in reverse seniority order, lose their protected status in filling blankable positions so long as non-protected employees are holding must-fill positions. A protected employee who does so may still bid on bulletined vacancies, or may voluntarily exercise displacement rights to which he is entitled underapplicable schedule rules.

When a force assignment becomes necessary (at the time the bulletin expires) and that force assignment is to be made from an extra board composed of both (fully) protected and non-protected employees (or the force assignment will otherwise result in a non-protected employee being added to the extra board):

(i) If the junior (fully) Protected employee on that extra board has filed a written request to remain on the Board and thereby waive his rights to fill blankable vacancies, the junior non-protected employee on the board will be force assigned if it is a must-fill vacancy (if not, it will be blanked):

(ii) if another force assignment then (later) becomes necessary, the next junior employee who is fully protected, has the same waiver privilege.

It is the intention that the exercise of this waiver will result in one "limited-rights" protected employee on the board for each non-protected employee (1 for 1) on a

"must-fill" assignment.

If a force assignment becomes necessary and the junior (fully) protected employee on the extra board does not have a waiver request (to remain on the board) on file with the caller, he would be force assigned as contemplated by other provisions of this Article 6. He may later, however, give up the assignment to revert to the extra board (displacing the junior non-protected employee then on the board)in the manner and under the conditions set forth in the schedule agreement.

Questions and Answers

Q. #1 Do protected employees who waive their protected employee status (by permitting a non-protected employee to hold a must-fill position) lose their trip credits and participation in the Productivity Fund during their period of time they are considered non- protected?

A. #1 No. They are entitled to trip credits for trips (or tours of duty) actually worked.

Q. #2 When a protected employee who has waived his protected employee status elects to bid on (and becomes assigned to) a bulletined vacancy or exercises his voluntary displacement rights, what are his rights.

A. #2 He will regain Hs (fully) protected employee status.

Article 7 - Temporary Vacancies

(a) Protected brakemen and yardmen on the extra board (subject to the exception that is Article 6(d), above) shall be used on blankable second brakeman/Yard helper temporary vacancies and on must-fill temporary vacancies to the extent specified below.

(b) Non-protected brakemen/yardmen on the extra board shall be used only on must-fill temporary vacancies and shall have no claim if runaround by a protected brakeman/yardman being used on a blankable vacancy.

(c) YARDMEN'S EXTRA BOARD

After all available extra board yardmen have worked their 11 straight-time shifts in the workweek (or 11 straight-time shifts in the seml-monthly pay period where C&S schedule rules are applicable), as provided in applicable agreements (or when the extra board is exhausted), must-fill temporary vacancies (only) for the remainder of the workweek (or so long as the extra board remains exhausted, if that is the case) will be filled by the most junior available protected yard helper (who must be qualified if it is a foreman vacancy) assigned to work that day on a blankable position in the same starting time bracket in which the vacancy exists and those so used will receive no less compensation than they would have earned on their own assignment.

In the event there is no available protected yard helper holding a blankable position in the same starting time bracket in which the vacancy exists, the must-fill vacancy will be filled in accordance with applicable schedule rules.

NOTE: As used in this Agreement, "exhausted" means that there is no one on the extra board who is rested and available to protect the vacancy.

Question and Answer

Q. #1 A blankable yardman's vacancy exists and there are no protected men on the extra board; also, there are no protected men furloughed. There are, however, a number of regular assigned men who have signed up to protect extra work. Is it required that we call the senior available regular assigned yardman to fill this blankable yardman's vacancy?

A. #1 No.

(d) BRAKEMENS EXTRA BOARD

When a road Brakemen's Extra Board is exhausted a must-fill vacancy at the extra board point will be filled by the most junior available protected brakeman holding a blankable position at that point. If the vacancy is in regular assigned service at an outlying point, the most junior available protected brakemen holding a blankable position in regular assigned service at that point will be used. If there are none, the vacancy will be filled in accordance with applicable schedule rules.

Questions and Answers

Q. #1 If no protected extra brakeman was available to deadhead (at normal deadhead time) to protect an out-lying blankable vacancy, but one later becomes available, are we required to call him to fill the vacancy?

A. #1 No. The vacancy will be blanked for the day or round trip.

Q. #2 When an outlying blankable vacancy has been blanked for the day or round trip because no protected extra man was available, must the Carrier call a protected extra brakeman who is available to fill the blankable vacancy on the next day or trip?

A. #2 Yes.

Q. #3 There is a blankable vacancy and the extra board is exhausted, but there are furloughed protected men who have signed up to protect extra work, must they be called?

A. #3 Yes. If none have signed up or none who have signed up are available, the vacancy will be blanked for the day or round trip.

(e) COMBINED YARDMEN-BRAKEMEN EXTRA BOARD

When a combined road-yard extra board is exhausted, must-fill vacancies in yard service will be filled by the most junior available protected yard helper (who must be qualified if it is a foreman vacancy) assigned to work that day on a blankable position in the same starting time bracket in which the vacancy exists (if none, as the applicable schedule rule provides), and those so used will receive no less compensation than they would have earned on their own assignment. Thereafter, such vacancies will be filled in accordance with applicable schedule rules.

When a combined road-yard extra board is exhausted, must-fill vacancies in road service at the extra board point will be filled by the most junior available protected brakeman holding a blankable position at that point. If the vacancy is at an outlying point, the most junior available protected brakeman holding a blankable position at that point will be used. If there are none, the vacancy will be filled in accordance with the applicable schedule rules.

Question and Answer

Q. #1 In the first paragraph of this Section (e), does the language "received no less compensation than they would have-earned on their own assignment" include overtime and arbitraries?

A. #1 Yes.

Article 8

The Carrier will maintain a sufficient number of regular and extra employees to permit reasonable lay-off privileges and to protect must-fill vacancies, vacations, personal leave day(s) and other extended vacancies.

There will be no change in the existing practice or agreements in the regulation of the number of turns (crews) in freight pools or in the number of employees assigned to the extra boards.

Article 9

In the event a standard yard crew member fails to report for duty at the assigned reporting time, the remaining crew members may be required to work on a reduced crew basis for one period of time not to exceed 90 minutes; but if the crew is to work in excess of that time and there is an available protected helper on the extra board at that point, he will be called to fill the vacancy. If there is no available protected helper on the extra board at that point (or no extra board is maintained at that point), the position will be blanked and the Carrier may require the remaining crew members to finish that tour of duty. If they are required to work more than the one 90-minute period as a reduced crew, they shall be paid the Special Allowance and payment will be made to the productivity Fund as provided for in Articles 18 and 19 of this Agreement.

Article 10

In the event that any member of a standard yard crew discontinues duty before completion of the crew's tour of duty, he shall be paid for the actual tame on duty and the remaining two crew members may be required to work for one period of time not to exceed 90 minutes without penalty. However, if the Carrier elects to work the two remaining crew members more than the one 90-minute period, it will call a protected extra employee if one is available at that point. If no protected extra employe is available at that point and the Carrier elects to work the remaining two crew members more than the one 90-minute period, they will receive the Special Allowance and payment shall be made to the Productivity Fund as hereinafter provided In Articles 18 and 19.

Article 11

(a) The following car limits and train length limitations shall be made effective in road freight service:

Trains of one to 71 cars but not to exceed 4015 feet in length, including caboose(s) may be operated with a reduced crew of one conductor and one brakeman, subject to other provisions of this Agreement.

Trains of 72 cars to 121 cars but not to exceed 6840 feet in length, including caboose(s), may be operated with a reduced crew of one conductor and one brakeman on those territories specified by understanding between the UTU General Chairman and Carrier's Director of Labor Relations.

Trains consisting of more than 121 cars or exceeding 6840 feet in length, including caboose(s), may be operated only with a standard crew, except as otherwise provided in this Agreement.

(b) Employees will not be required to operate with less than the required train crew consist specified in this Agreement, nor will they be censured or disciplined in any manner for refusal to do so.

] Questions and Answers

Q. #1 Does this Article 11 contemplate that the Carrier will make arrangements to implement some system whereby a reduced crew will be able to determine the length of their train?

A. #1 Yes.

Q. #2 Does this Article 11 contemplate that the operating locomotive is to be included in the car count or in the train length computation?

A. #2 No.

Article 12

In the event that a member of a standard road crew fails to report before departure of his train from the terminal (i.e., before the train departs on its road trip from the yard track where the train is first made up), the crew may be used (subject to the NOTE, below) on a reduced crew basis to and from the away-from-home terminal provided the trains they operate do not exceed 121 cars, including caboose(s), but not to exceed 6840 feet in length including caboose(s). The two crew members so used will be paid the Special Allowance and payments will be made to the Productivity fund as provided in Articles 18 and 19 of this Agreement.

NOTE: If an employee is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.

Article 13

In the event that a member of a standard road crew marks off at other than the extra board point for reasons of his own, the remaining two crew members may be required to work back to their home terminal (or layover point), providing the train does not contain more than 121 cars or is not more than 6840 feet in length, for which they will receive the Special Allowance and payment will be made to the Productivity Fund as provided in Articles 18 and 19 of this Agreement.

Questions and Answers

Q. #1 Does this Article intend that it will apply if a member of the crew becomes sick, is injured or some other emergency causes him to leave his standard crew after be commences duty at the initial terminal (or at the home terminal) or at some intermediate point?

A. #l Yes.

Q. #2 What does this Article 13 intend when the employe who marks off is the conductor?

A. #2 In that event, it intends that the senior demoted/emergency (C&S-FW&D/JTD) conductor on the crew will be used as the conductor.

Q. #3 Does this Article intend that the crew may complete the assigned work at their final terminal?

A. #3 Yes.

Article 14

At the away-from-home terminal, when (1) a vacancy exists on a reduced crew, or (2) in order to restore a reduced crew to a standard crew to operate a train in excess of 121 cars or 6840 feet as provided in Article 11, the vacancy will be filled (if the crew is to be worked) in the following sequence:

(a) By stepping up the first rested and available brakeman from a blankable position in the same set of pool crews (but use the junior brakeman on a crew when both brakemen are rested and available).

(b) By stepping up the first rested and available brakeman from a must-fill position in the same set of pool crews.

(c) By deadheading a brakeman from the extra board point or by deadheading the remaining crew member(s) of the short crew to the home terminal.

In the application of Subparagraphs (a) and (b), it is understood that subsequent brakemen will not be stepped up to flll a vacancy on a crew from which a brakeman had been stepped up in order to make that crew a standard crew. The brakeman who is stepped up to restore a crew to a standard crew as provided for in the first paragraph of this Article 14 will be allowed the Special Allowance as provided in Article 18f this Agreement, separate and apart from the make-whole provisions set forth next below.

Brakemen used off their regular assignment under Subparagraphs (a) or (b) above, will be returned to their regular assignment at the home terminal and will receive no less compensation than they would have earned had they remained on their regular assignment.

Questions and Answers

Q, #1 Does the penultimate paragraph of this Article, and particularly the last sentence thereof, intend that the moved-up brakeman can collect the Special Allowance because of being moved up and then collect it again in his "make whole" if his regular crew collects it for their trip (which he missed because of the move-up)?

A. #1 No.

Q. #2 A brakeman on a standard crew lays off for reasons of his own at the away-from- home terminal and his crew is to be called for a train that consists of more than 121 cars and on which the crew will be required to make set outs and pickups en route: A brakeman on a succeeding standard pool crew is stepped up in accordance with Article 14(a), thereby making that brakeman's regular crew a reduced crew. Is it permissible for the "stepped up" brakeman's regular crew to be used on a reduced crew basis from the away- from-home terminal to the home terminal on a train that does not exceed 121 cars?

A. #2 Yes.

Article 15

(a) New business or new service operations of trains not exceeding 121 cars or 6840 feet in length, including caboose(s), such as piggyback, unit and single-commodity trains, established to compete with other modes of transportation, such as trucks, ships and barges; and all non-revenue trains, such as snowplows, work or wreck trains (including handling of wreck trains, terminal to terminal) may be operated with a reduced crew of not less than one conductor/foreman and one brakeman/yard helper.

(b) Where such service is protected from extra boards or by crews exclusively assigned to such service, it may be manned by reduced crews. When such service is protected by standard crews, second brakeman (helper) vacancies will be filled by available protected extra board brakemen (helpers) to the extent provided for in Article 7 of this Agreement.

(c) Car limits and train lengths set forth in this agreement do not apply to Hours of Service reduced relief crews, except that if the train consists of more than 71 cars or 4015 feet, including caboose(s), no scheduled work will be performed en route to the terminal.

Questions and Answers

Q. #1 A road or yard assignment regularly services an industry or industries. A new industry(s) is later established which generates new business requiring an additional road or yard assignment. May this road or yard assignment be operated with a reduced crew

under the new business concept?

A. #1 Yes If the new industry(s) work does not warrant such an assignment and existing assignments cannot absorb the work, the carrier could serve the new industry(s) (only) with extra crews, which could be reduced crews. If existing crews do absorb the work at he new industry(s), the crew consist does not fall within this new rule.

Q. #2 May a new road switcher assignment be considered as new business or service?

A. #2 Consistent with Question and Answer #1 above, a new road switcher assignment may be operated with a reduced crew when providing new service to exclusively accommodate the new business.

Q #3 Does the restriction contained in Paragraph (c) of this Article also apply within the initial or final terminal?

A #3 No, this will not affect the rights granted the carrier under Article IX of the January 27, 1972 National Agreement.

Article 16

(a) Operable portable radios will be furnished each member of reduced crews consisting of one conductor (foremen) and one brakeman (yard helper). Such radios will not exceed three pounds in weight and will be equipped with a suitable holder which will firmly hold the radio close to the body or will be of such size as to permit being placed in coat pocket. Employees will not be held responsible for accidents caused by failure of radio equipment to properly function. the Carrier will be responsible for maintenance of radios and employes will not be held responsible for failure or malfunction of radio equipment unless obviously caused by employee abuse or tampering.

(b) sufficient frequency channels will be utilized to provide safe communication.

(c) Except in an emergency, reduced crews will not be required to commence work at the start of their shift without operable portable radios, nor will they be censured or disciplined in any manner for refusing to do so.

(d) Except in an emergency, reduced crews in road service will not be required to perform switching or depart a terminal with train not having radio communication between the caboose, if any, and head end of train in addition to operable portable radios, nor will they be censured or disciplined in any manner for refusing to do so.

NOTE: "Emergency", as used in preceding Paragraphs (c) and (d), is defined as wrecks, fires, washouts, or main line obstructions.

Questions and Answers

Q. #1 Does Paragraph (d) of this Article intend that the Carrier is required to install and maintain "fixed" radios on cabooses not now equipped (i.e., those cabooses used on locals, road switchers, mine switchers, etc.) if they are to be used by reduced crews?

A. #1 No. The Agreement simply requires that the reduced crews using such cabooses must have portable radios to provide communication between the locomotive and the caboose.

Q. #2 Does Paragraph (d) of this Article intend to restrict the Carrier in its use of foreign line cabooses or locomotives?

A. #2 No. The Agreement simply requires that the reduced crews using such cabooses or locomotives must have portable radios to provide communication between the locomotive and the caboose.

Q. #3 When a local freight crew leaves their initial terminal with all portable radios properly working but at an intermediate point a portable radio fails, can they perform switching at this and other intermediate points?

A. #3 Yes, for the balance of that tour of duty. The restrictions contained in Paragraph (d) of this Article are applicable only at the initial terminal for that trip or tour of duty.

Article 17

(a) The Carrier is not restricted by this Agreement from establishing or continuing assignments which have been single-position assignments such as, but not limited to, Pilots and Herders.

(b) Where the Carrier elects to operate a job with a crew consist in excess of that required by this Agreement, and the excess position on a crew is filled for five consecutive days, the senior employe making written application for the position will be assigned on the sixth day (in accordance with the temporary vacancy rule on the individual property). if the position is to be continued. The position may be abolished at any time pursuant to the usual notice requirements.

 

Article 18

Beginning on the effective date of this Agreement, road freight train and yard service crew members, both protected employes and non-protected employes, working on reduced crews shall be paid an additional Special Allowance of $4.00, as adjusted, for each tour of duty worked, as compensation for the additional services and responsibilities consistent with the operation of a reduced crew.

The $4.00 Special Allowance is subject to all retroactive wage and cost-of-living allowance increases from January 1, 1978, and to all future wage and cost-of-living allowance increases becoming effective on or subsequent to the date of this Agreement. (This allowance is $7.11 effective January 1, 1984.)

Questions and Answers

Q. #1 Does the Special Allowance payment apply to payments such as held time, runarounds, deadhead, call and release (no work performed), guarantees, holiday pay when service not performed on holiday, personal leave pay, vacation pay, payments made due to violation of agreement rules, etc.?

A. #1 No. The Special Allowance is paid only for road service trips and yard tours of duty actually performed (worked) where the additional responsibility in working with a reduced crew is involved.

Q. #2 Does a reduced crew that is called on duty, performs service (work) and is subsequently released, qualify for the Special Allowance?

A. # 2 Yes, because service (work) was actually performed.

Q. #3 In reference to the preceding question, the crew performs no service (work) but qualifies for the payment prescribed in the schedule rules.

A. #3 The crew would not qualify for the Special Allowance because no service (work) was performed.

Article 19

(a) For each yard tour of duty or road freight service trip that a crew is operated with one conductor or foreman and one brakeman or yard helper, the Carrier will pay into the Employees' Productivity Fund the sum of $48.25. This payment will be made on a pay-period cash basis for the sole and exclusive benefit of the eligible protected train and yard service employees represented by the United Transportation Union and is to be considered as an account or trust of and for the protected employees as a sharing in productivity savings. The $48.25 payment will not be subject to future general wage increases or cost-of-living adjustments.

Question and Answer

Q. #1 Under the provisions of Paragraph (a) of this Article will the Carrier make a payment ($48.25) to the Employees' Productivity Fund for such items as held time, runarounds, deadhead, call and release (no work performed), guarantees, holiday pay when service not performed on holiday, personal leave pay, vacation pay, payments made due to violation of agreement rules, etc.?

A. #1 No. This payment is made only for road service trips and yard tours of duty actually performed (worked) where the additional responsibility in working with a reduced crew is involved.

(b) Separate Employee Productivity Accounts shall be maintained for each particular road and yard seniority district of the former C&S, FW&D and JTD unless otherwise agreed by an individual UTU C&T General Chairman and Carrier's Director of Labor Relations. At the end of each year, each protected employee performing service in that particular seniority district will share in the division of the Employees' Productivity Fund, according to the number of yard tours of duty and/or road freight trips performed in that district during that calendar year. For equity purposes, each paid vacation day taken by a protected employee in road freight and/or yard service will be credited in computing his share of the Productivity Fund.

EXAMPLE

Amount in Fund at end of year $288,000

Number of protected employes 200

Total number of road freight

service trips and yard tours of

duty by protected employees only l2,000

$288,000 divided by 12,000 = $24 per share

Each protected employee receives $24 x the number of his trips or tours of duty.

Questions and Answers

Q. #1 Will employees working single assignments such as pilots or herders share in the Productivity Fund?

A. #1 They receive the trip credits but they are not paid the Special Allowance and a Productivity Fund payment is not made.

Q. #2 In the event of the death of a protected employee who is entitled to payment from the Productivity Fund, will his part be paid to the estate or beneficiary?

A. #2 Yes, at the end of the year when disbursements are made.

(c) The productivity sharing provided for above is limited to the extent that the total amount of a protected employe's annual share of the Employees' Productivity Fund cannot exceed 1/3 of his total compensation for that calendar year.

EXAMPLE

The protected employee earns $27,000 for service performed. His payment from the fund for the year could not exceed $9,000 (1/3 of $27,000).

Question and Answer

Q. #1 Is it intended that the words "1/3 of his total compensation for that calendar year" and "1/3 of their annual compensation for the preceding calendar year," as they appear in Paragraphs (c) and (j), respectively, refer only to that compensation that is earned by a protected employee while working as a conductor, brakeman, and/or yardman?

A. #1 Yes. It includes those earnings that he makes by reason of protected seniority status. It would not include any earnings that he makes by "borrowing out" on or permanently transferring to another seniority district or craft.

(d) Payment made to protected employees out of the Productivity Fund shall not be included in computing vacation pay.

(e) When a protected employee has shares in more than one Productivity Account, the amounts due from each account will be combined and the total amount paid cannot exceed 1/3 of his total compensation for that calendar year.

(f) When computing 1/3 of a protected employee's total compensation in any calendar year, payments or credits received from the Productivity Fund will not be included in the computation.

(g) Administrative, legal and trustee fees and necessary expenses will be paid from the fund before distributions.

(h) Payments made to protected employees from the Productivity Fund and the Special Allowance for working on a reduced crew shall not be used in the computation of any monetary guarantee. The Special Allowance will be utilized in computing such things as loss of earnings and in "make whole" computations.

Questions and Answers

Q. #1 What is meant by the terms "loss of earnings" and "make whole" as they are contained in the second sentence of Article 19, Section (h)?

A. #l The term "loss of earnings" relates to computations made to determine what an individual would have earned if the Carrier had used him as he was entitled to be used (worked) under agreement rules. It may have been a case of the Carrier not using him at all or it may have been a case where the Carrier used him improperly on some other assignment or work.

Q. #2 Does the language "receive no less compensation than they would have earned on their own assignment" include overtime and arbitraries?

A. #2. Yes.

(i) A part-time union officer who is unable to work in road freight or yard service due to performing official union work will be credited for such actual days lost from his assignment toward his number of tours of duty or trips in computing his share of the Productivity Fund. The Secretaries of the respective UTU Locals will furnish the Carrier's Director Disbursements Accounting the information necessary to properly credit those individuals for the number of tours of duty or trips lost on local union work and the General Chairman will furnish this information when the time was lost on General Committee work.

(j) The Carrier's pay-period cash deposits to the Employees' Productivity Fund may be discontinued after the actual dollar amount deposited in the current calendar year is equal to not less than the full amount required to pay all protected employees a full 1/3 of their annual compensation for the preceding calendar year, adjusted to include cost-of-living and general wage increases due in the current calendar year. If the amount paid in is not adequate to pay all monies due under this Agreement, the Carrier will make up the deficit.

(k) The necessary arrangements for the establishment and administration of the Employees' Productivity Fund in compliance with ERISA and other applicable legal requirements will be finalized within 120 days from the effective date of this Agreement.

Article 20

To expedite attrition, an individual protected employee may request or may be offered in seniority order by the Carrier the opportunity for voluntary early separation and accept a lump sum separation allowance and other considerations in lieu of all other benefits and protection provided in this Agreement. Such employe will be given an opportunity to elect hospital-surgical coverage for himself and his dependents in lieu of a portion of all of the severance allowance agreed upon, if he so desires.

Such request or offer for early voluntary separation shall be in writing and subject to the approval and option of both the individual employee and the officer designated by the Carrier.

Article 21

(a) Effective January 1, 1985, all train service employes in road freight service not covered by the National Paid Holiday Rules will be entitled to personal leave day(s) on the following graduated basis (subject to the exception in the second paragraph hereof and to the limitation contained in Paragraph (b), below).

Years of Service Personal Leave Days

Less than 5 Years 2 days

Five years and less than 10 years 4 days

Ten years and less than 15 years 6 days

Fifteen years and less than 20 years 8 days

Twenty years or more 10 days

Effective with this agreement and for the remainder of 1984, train service employees will be entitled to one-half of the number of leave days specified above.

(b) The number of personal leave day(s) to which a road freight service employee is entitled and the number of paid holidays (or pay in lieu thereof) received, including the paid holidays he was deprived of through his own volition, cannot exceed 11 days in the calendar year. Once an employee has reached the maximum of 11 days, he will not be entitled to any additional paid holidays or personal leave day(s) in that calendar year. There shall be no duplication or pyramiding of this total limitation of 11 personal leave-holidays by reason of multiple seniority in train, yard and engine service.

If an employee takes any of his personal leave days before his service anniversary date, in a year in which his entitlement will increase, he may take up to the number of leave days he is entitled to prior to his anniversary date and then take the additional days that he is entitled to after his service anniversary date.

(c) Personal leave day(s) may be taken upon 24 hours advance request to an appropriate Carrier Officer and shall be granted consistent with the requirements of the service. The employee will be paid one basic day at the rate of the last service performed for each personal leave day taken. Should the carrier refuse an employee's request for personal day(s), those leave days will be carried over, but must be requested and granted prior to May 1 of the following year.

(d) Personal leave day(s) will not be scheduled or allowed to start on other than a workday of the employee's position. Personal leave day(s) for Extra Board employees and those in pool freight service will begin when they otherwise would have been called. When a member of a crew is on his personal leave day(s), if his position is not a must-fill position, it may be blanked. Paid personal leave day(s) will be counted as qualifying days for vacation purposes.

Questions and Answers

Q. #1 In Paragraph (d) of this Article, is it the intent that personal leave days cannot be taken on a rest day under any circumstances?

A. # 1 No. This provision requires that personal leave days must start on a calendar day on which the employees would have worked. When an employee takes more than one consecutive personal leave day, there can be one or more of these days that could be a day during which he would not have worked. For example, if a brakeman on a tri-weekly local (assigned more than 100 miles) takes personal leave days on Friday, Saturday and Sunday (missing a round trip on Friday and Saturday), he will receive 3 days' personal leave pay.

Q. #2 If an employee takes one personal leave day and would have otherwise worked 2 trips on that day, what is he to be paid?

A. #2 One basic day's pay at the rate of the last service performed.

Q. #3 Does the car increment rate apply when an employee is being paid a basic day for personal leave if the last service was through freight at the 126 car rate?

A. #3 No. Payment will be made at the basic rate of the last service performed for each personal leave day or days.

Q. #4 Does the basic rate, as referred to in Question #3, include the money differential that is applicable to the former C&S?

A. #4 Yes, in those cases where the money differential is considered a part of the basic rate as shown on current rate sheets.

Q. #5 May an employe request 4 personal leave days and after 2 days are taken, request to go back to work and be charged with only 2 personal leave days?

A. #5 No, once personal leave days are granted, they cannot be canceled by either the employe or the Carrier.

Q. #6 In the case of a (20-year) brakeman working the first part of the year on freight trains not governed by holiday pay, and during such time uses all 10 days of his "personal leave", then goes to a road freight run covered by Holiday Pay rules, or yard service covered by Holiday Pay rules, what is his eligibility for holiday pay?

A. #6 He would be eligible for one day's holiday pay, thus bringing him to the maximum of 11; similarly, if he used 5 days of personal leave, he would only be eligible for the 6 holiday pay opportunities the remainder of the year; i.e., in no event can an employe accrue more than 11 days personal leave and holiday pay in combination.

Q. #7 If a (20-year) employee received holiday pay (or could have but did not qualify due to unavailability on qualifying day or days) on New Year's Day, President's Day and Good Friday and the remainder of the year works in freight service on which holiday pay does not apply, how many personal leave days would be due him?

A. #7 He would be eligible for 8 personal leave days. He would not be eligible for holiday pay in the remainder of the year if he took the 8 days as personal leave; in other words, in no case can such individual have more than a total of 11 days in any combination of holidays and personal leave days.

Q. #8 Article 21, Paragraph (c), provides that an employee must make a 24-hour advance request to an appropriate Carrier Officer. Who is the appropriate Carrier Officer?

A. #8 Anyone the Superintendent designates. However, that person must be available to receive the requests when they are made.

Q. #9 Would an employee be entitled to a personal leave day and a bereavement day on the same day?

A. #9 No. Personal leave pay cannot be paid for any calendar day for which the employee receives (i.e., is credited with) other pay from the Carrier. This applies to such other things as jury service pay, vacation pay and pay under various guarantee rules.

Q. #10 A brakeman has 23 years of service which includes 11 years in another craft (clerk). Can this employee count this service in another craft toward his eligibility for personal leave days?

A. #10 No. The only years of service to be counted must be in the craft of conductor, brakeman or yardman.

Q. #11 If a brakeman with 2 years of service on one seniority district properly transfers with no break in service to another seniority district and works 3 more years, how many personal leave days would he be entitled to?

A. #11 4 days.

Article 22

The parties hereto recognize the complexities involved in this Agreement and , in keeping with its intent and purpose and the rights and responsibilities of the parties thereunder, arrangements will be made for periodic conferences for the purpose of agreeing on interpretations. It is further agreed that at least for the first year the agreement is in effect, disputes arising from its application will be handled expeditiously in conference by the General Chairman and the designated Labor relations officer. Such conferences will be held promptly at request of either party.

Article 23

the parties to this agreement shall not serve or progress, prior to the attrition of all protected employees, any notice or proposal for changing the specific provisions of this agreement governing pure attrition, protected employees car limits and train lengths, special allowance payment to reduced crew members, Employee Productivity Fund deposits and the administration thereof.

This Article will not bar the parties from making changes in the above provisions by mutual agreement.

Article 24

Except as provided herein, this agreement will remain in effect until revised or amended by agreement of the parties, or in accordance with the Railway Labor Act, as amended, and will supersede all other agreements, rules and/or understandings which are in conflict herewith.

Signed at Fort Worth, Texas and effective this 29th day of June, 1984.

 

FOR: Conductors, Brakemen FOR: BURLINGTON NORTHERN

and Yardmen represented by RAILROAD (Formerly C&S, FW&D

UNITED TRANSPORTATION UNION and the JTD of CRI&P/FW&D)

By:________________________ _____________________________

A. S. Driver General Chairman B. J. Mason, Director-Labor Relations

By:________________________

J. H. Rogers General Chairman J. J. Ratcliff, Assistant Vice President-Labor Relations

By:_________________________

C. R. Jones, General Chairman

 

APPROVED:

BY:________________________

J. A. Alford, Vice President

Side Letter #1

BURLINGTON NORTHERN RAILROAD

777 Taylor Street

Fort Worth Club Tower

P. 0. box 943

Labor Relations Department Fort Worth, Texas 76101

 

June 29, 1984

Mr. A. S. Driver

General Chairman, UTU

7651 W. 41st Avenue

Suite 98

Wheat Ridge, Colorado 80033

Mr. C. R. Jones

General Chairman, UTU

1201 Oak Street

Teague, Texas 75860

Mr. J. H. Rogers

General Chairman, UTU

3806 N. E. 16th Street

Amarillo, Texas 19101

Gentlemen:

This will have reference to our discussion today In my office concerning the application of Articles 18 and 19 of the Crew Consist Agreement signed this date.

The following question was raised:

Question: When a reduced crew is tied up between terminals in accordance with C&S - Rule 20, FW&D - Article 32 or JTD - Article 13 of the Conductors' and Brakemen's Schedule, and after receiving their rest they are recalled to duty on a continuous trip, they wlll be paid miles or hours, whichever is the greater, from the point tied up to the next tie-up point or to the terminal. When such a situation occurs, Is this crew entitled to an additional special allowance and wlll a payment be made to the Productivity Fund for that portion of the trip occurring after the rest period?

Answer: If the crew is paid 8 hours or more or 100 miles or more for that portion of the trip occurring after the rest period, they would also be allowed a special allowance and a payment will be made to the Productivity Fund for that segment of their trip. This crew will also be given credit for a share day for this segment of the trip.

If you agree the above correctly recites our understanding, will you please sign the duplicate copy of this letter.

Yours truly,

 

 

B.J Mason

Director, Labor Relations

 

AGREED TO:

 

_____________________________

A. S. Driver, General Chairman, UTU

 

_____________________________

C. R. Jones, General Chairman, UTU

 

_____________________________

J. H. Rogers, General Chairman, UTU

 

 

Side Letter #2

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD

(Formerly Colorado and Southern, Fort Worth and Denver and the Joint Texas Division of the Chicago, Rock Island and Pacific/Fort Worth and Denver)

and the

UNITED TRANSPORTATION UNION

 

IT IS AGREED:

Under the provisions of Article 11 of the Crew Consist Agreement between the parties this date, all territories of the former Colorado and Southern and Fort Worth and Denver Railroads, and of the Joint Texas Division, are hereby designated as territories on which the Carrier may operate reduced crews on trains of 121 cars or less, but not to exceed 6840 feet In length (both including the caboose but not the locomotive). The foregoing limitations supersede any "71 cars and 4015 feet" limitations that appear anywhere in that Crew Consist Agreement signed this date.

This Agreement Is subject to the moratorium provision that is contained in Article 23 of that Crew Consist Agreement.

Signed at Fort Worth, Texas and effective this 29th day of June, 1984.

FOR: Conductors, Brakemen FOR: BURLINGTON NORTHERN

and Yardmen represented by RAILROAD (Formerly C&S, FW&D

UNITED TRANSPORTATION UNION and JTD of CRIP/FW&D)

 

By:_________________________ ______________________________

A. S. Driver, General Chairman B. J. Mason, Director- Labor Relations

BY:________________________

J. H. Rogers, General Chairman

 

By:_________________________

C R Jones, General Chairman

Side Letter #3

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD

(Formerly Colorado and Southern)

and the

UNITED TRANSPORTATION UNION

 

IT IS AGREED:

The yardmasters at Denver that are working under the provisions of the Colorado and Southern - United Transportation Union Schedule Agreement, effective March 1, 1981, will be entitled to a trip credit (and the resulting distribution participation) for each day thus worked, In the same trust fund account applicable to Colorado and Southern - United Transportation Union Denver Yard service employes.

This agreement shall become effective simultaneously with Crew Consist Agreement signed this date.

 

Signed at Fort Worth, Texas and this 29th day of June, 1984

FOR: Conductors, Brakemen, Yard- FOR: BURLINGTON NORTHERN

men and Yardmasters represented by RAILROAD (Formerly C&S)

UNITED TRANSPORTATION UNION

 

By:________________________ By:__________________________

A. S. Driver, General Chairman B. J. Mason, Director Labor Relations

 

 

Side Letter #4

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD

(Formerly Colorado and Southern, Fort Worth and Denver and the Joint Texas Division of the Chicago, Rock Island and Pacific/Fort Worth and Denver)

and the

UNITED TRANSPORTATION UNION

 

In the application of 15 (c) of the Crew Consist Agreement on the former C&S, FW&D and JTD, it is agreed that in the event a road crew is to be called to protect hours of service relief work, the selection of the crew (either a pool crew or made-up extra list crew) will be in accordance with existing agreement provisions on the applicable territory. If the applicable schedule rule provides for the use of a made-up crew, a reduced crew may be used.

 

 

 

Signed June 29, 1984

 

 

FOR: Conductors, Brakemen and FOR: BURLINGTON NORTHERN RAILROAD

Yardmen represented by (Formerly C&S, FW&D and JTD of CRI&P

UNITED TRANSPORTATION UNION /FW&D)

 

BY:__________________________ BY:_______________________________

A. S. Driver, General Chairman B. J. Mason, Director Labor Relations

 

BY:__________________________

J. H. Rogers, General Chairman

 

BY:__________________________

C. R. Jones, General Chairman

Side Letter #5

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD

(Formerly Colorado and Southern, Fort Worth and Denver and the Joint Texas Division of the Chicago, Rock Island and Pacific/Fort Worth and Denver)

and the

UNITED TRANSPORTATION UNION

IT IS AGREED:

Under the provisions of Article 11 of the Crew Consist Agreement between the parties this date, should the Carrier operate a train of over 121 cars with a reduced crew when the agreement actually requires that it be operated with a standard crew, the Carrier will pay each of the two working members of the crew one-half the amount that the third member of the crew would have made in addition to the special allowance provided for in Article 18 of this agreement; and the Carrier will make the payments to the Productivity Fund as provided in Article 19 of the agreement. This payment is to be made for only those working trip(s) on which the crew should have been a standard crew. No payment shall be due any other person because of this failure to use the proper size crew.

Q. 1 - Can a train with a reduced crew leave the Initial terminal with a train exceeding 121 cars or 6,840 feet?

A. 1 - No.

Q. 2 - Is it the intent of the Carrier to circumvent the prohibition against a crew departing the initial terminal with more than 121 cars by running cars out of the initial terminal and then have a reduced road crew pick the cars up and thereby exceed 121 cars or 6,840 feet?

A.-No.

Signed June 29, 1984

FOR: Conductors, Brakemen and FOR: BURLINGTON NORTHERN RAILROAD

Yardmen represented by (Formerly C&S, FW&D and JTD of CRI&P/FWD)

By:_______________________ By_____________________________

A. S. Driver, General Chairman B. J. Mason, Director Labor Relations

By:_______________________

J. H. Rogers, General Chairman

By:_______________________

C. R. Jones, General Chairman

Side Letter #6

BURLINGTON NORTHERN RAILROAD

777 Taylor Street

Fort Worth Club Tower

P.0. Box 943

LABOR RELATIONS DEPARTMENT Fort Worth, Texas 76101

June 29,1984

Mr. A. S. Driver Mr. C. R. Jones

General Chairman, UTU General Chairman, UTU

7651 W. 41st Avenue 1201 Oak Street

Suite 98 Teague, Texas 75860

Wheat Ridge, Colorado 80033

Mr.J . H. Rogers

General Chairman, UTU

3806 N.E. 16th Street

Amarillo, Texas 79107

Gentlemen:

In regard to the Crew Consist Agreement signed today covering the former C&S, FW&D and JTD.

The following question and answer is applicable to the preamble of the agreement appearing on page 1:

Q. Does this agreement change in any manner agreement rules and practices pertaining to the filling of conductor/foreman vacancies?

A. Yes, but only to the extent that a non-protected employe may not be assigned to such a position if there is a protected employe uho can be forced assigned and result in blanking a position.

Please indicate your concurrence below.

Yours truly,

B. J. Mason

Director, Labor Relations

____________________________________

A. S. Driver, General Chairman, UTU (C&S)

____________________________________

J. H. Rogers, General Chairman, UTU (FW&D)

_____________________________________

C. R. Jones, General Chairman, UTU (JTD)

REVISION

of

CREW CONSIST AGREEMENT

Between

BURLINGTON NORTHERN INC.

and

Its Employees Represented By

UNITED TRANSPORTATION UNION

Effective

February 1, 1985

MEMORANDUM OF AGREEMENT

between

BURLINGTON NORTHERN RAILROAD (former C&S, FW&D and JTD)

and

Its Employees Represented By

UNITED TRANSPORTATION UNION

IT TO AGREED:

The Crew Consist Agreement between the parties effective June 29, 1984 is changed as follows:

I. The Special Allowance contained in Article 18 (now $7.11) is revised to provide that for road crew Trainmen it shall be:

(a) Crews on Trains of 1 to and including 71 cars........$ 7.11

(b) Crews on Trains of 72 and including 100 cars.........10.00

(c) Crews on Trains of 101 to and including 121 cars...15.00

The foregoing changes the allowance only to the extent of placing it on an incremental basis. It is specifically understood that this changed allowance shall be subject to future wage Increases and COLA occurring on and after July 1, 1984, and, shall otherwise be paid in the same manner and under the same manner and under the same conditions as the Crew Consist Agreement now provides.

II. Side Letter No. 5 is canceled. The following penalty for improper use of a reduced crew shall apply:

(a) Should the Carrier operate a road or yard crew with a reduced crew when the Crew Consist Agreement actually requires that be operated with a standard crew, the Carrier will pay each of the two working members of the crew one-half of the amount that the third member of the crew would have made if he had been called. In such a case the conductor (foreman) and brakeman (helper) on a working crew will be entitled to the Special Allowance provided for in Article 18 of the Crew Consist Agreement and the Carrier will still be required to make the payment to the Productivity Fund provided in Article 19 of the Crew Consist Agreement. This payment is to be made for only those working shift(s) or trip(s) on which the crew should have been a standard crew.

(b) If the additional crew member that should have been used is regularly assigned to that crew, he or she will be allowed actual loss of earnings; If the additional crew member that should have been used, is a protected extra employee who was available, that employee will be allowed a basic day's pay and shall continue to stand first-out on the board. No payment shall be made to non-protected extra list employees unless there is a violation of the 121-car (or 6,840 feet) limitation.

III. PERSONAL LEAVE DAYS

(a) Accumulation

Effective with the calendar year 1985 employees who qualify for personal leave days may elect to carry over and accumulate all or a portion of such unused days for use in case of extended illness or personal problems, subject to the following provisions:

(1) Before the end of a calendar year an employee may advise the proper Carrier officer, in writing, that he desires to carry over and accumulate any such unused personal leave day(s) from that calendar year. This refers only to those unused personal leave days that are in excess of (the combination of) those taken (or paid for) and of the holidays on which he was in service covered by the holiday pay rules. Receipt of the employee's notification will be acknowledged, in writing, and will thereafter remain as credited to the employee until he/she claims them, under the provisions of Subparagraph (3), below, or they are forfeited under the provisions of Subparagraph (5), below.

In order to qualify for accumulation of unused personal leave days as provided above, the employee must be in road freight service not covered by the National Paid Holiday Rules at the time he/she files an accumulation request, and such accumulation is subject to the 11 holiday-leave days limitation set forth in Article 21(b). He or she may

not take any personal leave days (for that year) in that calendar year after filing an accumulation request for them. However, the actual number of days accumulated will not be determined until year-end.

(2) A maximum of 30 such days may be carried over and accumulated.

(3) Such accumulated personal leave days may only be used for those "time lost" days occurring when it is known that an employee is to be absent for at least 20 consecutive days(or as soon as it is known, thereafter, that the absence will be of that duration) because of illness of or surgery on the employe, his or her spouse or children. The employe may also be allowed to take these accumulated leave days by agreement between the Local Chairman and the local company officer, for other personal (problem) reasons. When such personal leave payments commence on the first day the absence began), the employe's vacancy may be blanked if it is on a blankable position (but subject to paragraph (b) (1) of this Article).

(4) When the employee desires to use such accumulated personal leave days, he will give written notification to the proper Carrier officer, in advance (at least 48 hours' notice) if practical, so that arrangements can be made to pay the personal leave days and to handle the resultant vacancy as a "personal leave day vacancy" under Article 21 of the Crew Consist Agreement,

Note: Employee must be in road freight service not covered by the National Paid Holiday Rules to be qualified to use accumulated personal leave days.

(5) In the event an employee's employment relationship is terminated for any reason other than death or retirement under the provisions of the Railroad Retirement Act, any accrued personal leave days will be forfeited. If the employee retires under the provisions of the Railroad Retirement (or dies prior o termination of seniority) the accumulated personal leave days shall be paid to the employee (or his estate) at the basic rate of the last service performed.

(b) GRANTING

Local officers will make every effort to grant personal leave days when they are requested, but it is understood that they may decline such requests if there are not sufficient extra employees who will be rested and available to protect the known "must-fill" vacancies that will be filled, plus 1 for each 10 employees (or major fraction thereof) on that extra board.

EXAMPLES:

(i) If there is one known vacancy "showing", to be protected by a 10-person extra board (and of whom there are 5 extra employees who are, or will be, rested and available for that vacancy), the Carrier Officer must (will) permit up to 3 employees to take personal leave and/or lay off "for personal business" (assuming, of course that those 5 rested employees will be able to protect all of the "must fill" vacancies).

(ii) If there are three known vacancies "showing", to be protected by a 17-person extra board (and of whom there are 9 extra employees who are, or will be, rested and available for those vacancies), the Carrier Officer must (will) permit up to four employees to take personal business" (same assumption). That is, on a 17-person extra board, the Carrier Officer may hold up to 2 extra employees for unexpected lay off (for sickness and other personal emergencies) but he/she is not required to and if it appears to him/her that, this "safety net" is unnecessary, he/she may let employees lay off to the full extent of the extra employees availability.

IV. The following questions and answers are added to the agreement as indicated:

Article 21

Q, #12. When a demoted/emergency Conductor is used to fill a personal leave vacancy under the "On Car Agreements", is his resulting brakeman vacancy blankable?

A. #12. Yes, subject to the 121-car and 6,840 feet limitations,

Q, #13. Under the Personal Leave accumulation if, for example, I have already accumulated 30 days but I am then dismissed for running a red board. Will I lose the 30 days?

A. #13. Yes, but the 30 days will be restored in the event you are reinstated with seniority unimpaired.

Q #14. If an employee exercises the option to use his accumulated personal leave days during an extended absence, can the Carrier blank that vacancy for more than the personal leave days entitled to during that absence?

A #14. The provision to blank personal leave vacancies an blankable (only) positions applies to those days on which the personal leave days are actually taken, As an example, an employee may be off several months due to serious illness: he may take the personal leave days to which he is entitled in the current year (10) plus his accumulation (20) and his vacancy would be blanked for the entire 30-day period: thereafter, any further banking of his vacancy (if possible) would have to be in accordance with applicable provisions of the Crew Consist Agreement; i. e., job blanked (Art. 6[b]), extra board exhausted (Art. 7[a]), or fails to report (Articles 12 and 13).

Q #15. Will an employee enrolled in a rehabilitation program be allowed to use and be paid for accumulated personal leave days:

A #15. Yes, but not while serving a disciplinary dismissal or suspension (or the exclusions mentioned in Q & A #9 to Article 21).

Q #16. Under C&S Rule No. 36, Section D. 5., a known vacancy, chain gang service, of 30 or more days is considered a permanent vacancy and is filled by the senior qualified applicant making written request or force filled if no applicants; therefore, if such vacancy is filled will the employee creating the vacancy still be entitled to use and be paid for the accumulated personal leave days?

A #16. C&S Rule 36 (D) 5 is modified by Article 6 of the Crew Consist Agreement as it relates to fitting permanent must-fill vacancies. If the employee is in road freight service not covered by the National Paid Holiday Rules, applies for and is granted personal leave days (or an accumulation thereof), he will be paid one basic day at the rate of the last service performed for each personal leave day taken, regardless of whether or not his resulting vacancy is filled.

This agreement shall become effective February 1, 1985 and is subect to the moratorium provisions contained in Article 23 and 24.

 

Signed at Fort Worth, Texas this 16th day of January, 1985.

FOR: Conductors, Brakemen and FOR: BURLINGTON NORTHERN RAILROAD

Yardmen represented by (Formerly C&S, FW&D and JTD of UNITED TRANSPORTATION UNION CRI&P/FW&D)

_______________________ _________________________

BY: A. S. Driver BY: B. J. Mason Director General Chairman Labor Relations

_______________________ __________________________

BY: J. H. Rogers BY: J. J.Ratcliff

General Chairman Assistant Vice President Labor Relations

_______________________

BY: C. R. Jones

General Chairman

Approved:

J. A. Alford

Vice President