Memorandum of Agreement Between BNSF Railway And The Brotherhood of Locomotive Engineers and Trainmen

Transcription

1 Memorandum of Agreement Between BNSF Railway And The Brotherhood of Locomotive Engineers and Trainmen Pursuant to BNSF s letter dated October 7, 2016 serving notice to establish this service, and in accordance with Article IX of Arbitration Award 458 dated May 19, 1986, the Parties agree interseniority district service may be established between Alliance, NE and Lincoln, NE. The following conditions will apply: 1. Establishment of New Service a. A double-ended pool will be established with home terminals at both Alliance, NE and Lincoln, NE. Ravenna, NE will no longer be a release point for engineers in this service. b. Unless modified by this Agreement, this ID pool will operate under former CB&Q agreement provisions to protect freight service in this corridor, including all routes and side trips. c. Engineers in this pool will receive a 90-minute call at both Alliance and Lincoln. d. BNSF reserves the right to implement a fatigue management system such as, but not limited to, Predictive Work Schedules (PWS), call windows, etc. that would govern the handling of the ID through freight service established herein. 2. Through Freight Service a. Except as otherwise provided in this Agreement, engineers in this pool will be called first-in, first-out provided that the first-out engineer is fully rested under the Hours of Service Act. If there are no fully rested engineers, then an extra engineer may be called to operate for one round trip under the provisions of this Agreement. b. Engineers working under the terms of this Agreement will be positioned at both the away-from-home terminal and the home terminal based upon their tie-up times. c. When two pool engineers are called for the same train (one to work and one to deadhead), and one of the engineers is not rested and the other engineer is rested, the rested engineer will work the train and the unrested engineer will deadhead. Otherwise, applicable BLET former CBQ Schedule Rules will apply. BLET Alliance to Lincoln ID Page 1 of 5

2 3. Returned to Initial Terminal a. ID pool engineers called in this service will not be tied up between designated terminals, except when their movement is prevented (e.g., derailment of their trains), or their route to destination is obstructed or impassable (e.g., wrecks or washouts): i. When an ID pool engineer is required to report for duty or is relieved from duty at a point other than the on and off duty locations established for this service, BNSF will authorize and provide suitable transportation and lodging. b. Except in case of emergency (emergency meaning conditions such as acts of God, wrecks, washouts, floods and fires which interfere with the operation of trains), ID pool engineers assigned to work in this service will not be used for short service between the established terminals. c. If ID pool engineers are turned short of the distant terminal for reasons other than those outlined in 3(a) above, then they will be compensated a one-way trip rate with overtime starting at the expiration of 8 00 of service. 4. Hours of Service Relief a. All necessary relief work as a result of the Hours of Service Law will be conducted pursuant to existing agreements and practices, subject to BNSF s continued right under existing agreements. b. Nothing contained in this Agreement is intended to prohibit these ID pool engineers from being used on trains that traverse only part of the specified territory, provided engineers are then handled forward to the opposite terminal, or paid as if they had been. Likewise, nothing in this Agreement is intended to prohibit these engineers from combining trains or exchanging trains with other engineers destined to the same terminal. 5. Called and Released a. When an engineer in this unassigned pool is called and released, after time of going on duty but before road trip commences, such engineer will be paid a one-way trip rate and stand last out on the board. b. When an engineer in this unassigned pool is called and released before going on duty, but after leaving his calling place, such engineer will be paid a basic day and stand first out on the board. Engineers called and not used under this paragraph will not be entitled to runaround payments while securing rest. BLET Alliance to Lincoln ID Page 2 of 5

3 c. When an engineer in this unassigned pool is called and released before going on-duty and before departing their calling place, such engineer will receive no payment and remain first out on the board. If BNSF attempts to cancel the call within 30 minutes from issuance, the engineer is assumed to have been notified prior to leaving their calling place. d. If an engineer is called and released at the away-from-home terminal, either before or after time of going on duty, he/she will be paid a basic day and stand first out on the board. If rest is required, the engineer may be runaround without penalty until legally rested. e. The above provisions do not apply to extra board engineers called at the home terminal for this service (i.e., cut in turn) and those engineers will be handled in accordance with the applicable rule. 6. Vacancies and Lay Offs a. When an engineer in this pool lays off and thereby creates a temporary vacancy, their turn will be removed from the board. When the engineer returns from layoff, their turn will be placed at the bottom of the pool. NOTE: Layoffs resulting in permanent vacancies as defined by applicable CBA s (i.e., vacations of 7 days or more) will continue to be handled by the terms outlined in those CBA s. b. Temporary vacancies in this pool shall be protected by the next following rested pool turn. If there are no available rested pool turns available, BNSF will call an extra board engineer on a cut in turn that will operate for one round trip and then be removed from the pool upon tie-up at the home terminal. c. Engineers in this pool will not be allowed to lay off at the away-from-home terminal, except in case of emergency, such as illness or injury. Engineers laying off under these circumstances will be permitted to ride a train to the home terminal provided they notify the dispatcher and obtain permission from their designated supervisor in advance when laying off at their away from home terminal. 7. Pool Regulation This pool will be regulated under existing agreements, but will not exceed 4,110 miles per month, which includes indexing. The mileage component of 367 miles associated with the trip rates will be utilized when calculating trip miles for purposes of pool regulation. NOTE: All cut-in turns will be included in this calculation. BLET Alliance to Lincoln ID Page 3 of 5

4 8. Compensation Engineers called to operate in this service will be allowed a trip rate of $ NOTE: This trip rate has been modified to reflect the proper ID overmile rate. This trip rate will remain subject to future GWIs and COLAs. 9. Equity a. The mileage on this interseniority district service is as follows: Alliance Ravenna ( EN09 ) Lincoln Ravenna ( EN08 ) Total 238 miles 126 miles 364 miles b. It is understood that this pool will operate as close as possible to 2 Alliance to 1 Lincoln between the seniority districts. c. Equalization of mileage and the distribution of work in this ID service will be kept as close to even as possible, with the requirement the equity balance at least once per month, and will be the responsibility of BNSF to manage. 10. Meal Period In order to expedite the movement of trains operating between Alliance Lincoln, engineers in this service will not stop their train to eat, nor is any additional compensation due for a meal en route: NOTE: This does not preclude an engineer from seeking food items at retail locations in close proximity to where they may be standing in the clear of the main track awaiting other rail traffic, or for unforeseen reasons, so long as this does not create undue delay to the operation. It is understood that the engineers will be required to obtain permission from the dispatcher prior to leaving the train to obtain food. Should this request be denied, no penalty is due. 11. Lodging and Handling at the AFHT d. Suitable lodging (as defined by applicable agreement) shall be provided for ID pool engineers tied up at their away-from-home terminal. e. ID pool engineers who are performing this ID pool service will be allowed payment for meals at the away-from-home terminal in accordance with national agreement provisions, as amended. BLET Alliance to Lincoln ID Page 4 of 5

5 12. Protection Any engineer adversely affected as a result of the application of this agreement shall receive the protection afforded under Article IX, Section 7 of the 1986 BLET National Agreement (Arbitration Award No. 458). 13. Modification Clause Except as specifically modified herein, the provisions of this Agreement shall not be construed as modifying, amending or superseding any Schedule Rule or the Merger Protective Agreements as implemented between BNSF and the BLET. This Agreement shall take effect on, 2016, and shall remain in effect until modified or changed in accordance with the provisions of the Railway Labor Act, as amended. For BNSF Railway: For BLET: Milton H. Siegele, Jr. AVP, Labor Relations E.G. LaPrath General Chairman Andrea Smith General Director, Labor Relations BLET Alliance to Lincoln ID Page 5 of 5