Agreement Text

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MEMORANDUM OF AGREEMENT
Between
BNSF Railway
And
Brotherhood of Locomotive Engineers and Trainmen

Pursuant to Carrier’s Notice dated May 11, 2021, and in accordance with Article IX of Arbitration Award 458, dated May 19, 1986, the following will govern the operation of a multi- directional pool to work interseniority district service headquartered at Spokane, WA.

1. Establishment of New Service

A. A pool of engineers will be established and maintained to handle traffic between the home terminal of Spokane, WA and the following away-from-home terminal locations:

• • • • • Whitefish, MT
        • Pasco, WA
        • Wenatchee, WA

This ID pool will protect freight service, in all directions, within this territory, including all routes and side trips.

i. The following routes will be single-ended with the home terminal at Spokane:

• • • • • • • Spokane to Pasco
            • Spokane to Wenatchee

ii. The following route will be double-ended with crews headquartered at both
terminals of the run:

• • • • • • • Spokane to Whitefish

a. The distribution of work between the home terminal and away-from-home- terminal pool freight engineers will be the responsibility of BNSF.

B. Engineers in this service may deadhead between the away-from-home terminals of Pasco and Wenatchee at the end of a tour of duty to rest out at the opposite away-from-home terminal; or at the beginning of a tour duty to operate a train from the opposite away-from-home terminal to the home terminal of Spokane in continuous service. Engineers will not be tied up more than once at an away-from-home terminal.

Note: Trips that combine a trip between Spokane and Wenatchee and a deadhead between Wenatchee and Pasco will be known as Route B. Trips that combine a trip between Spokane and Pasco and a deadhead between Pasco and Wenatchee will be known as Route C. This service will be compensated as outlined in Paragraph 8 below.

C. Engineers in this service may operate through Spokane or any of the designated away-from-home terminals up to 35 miles, on a continuous operation in order to deliver or receive their train to/from any adjacent subdivision.

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.

E. Pool engineers working in this service will receive a two (2) hour call at the home terminal and 75-minute call at the away-from-home terminals.

F. This pool will operate under GN Agreement rules.

2. Through Freight Service

A. Except as otherwise provided in this agreement, engineers will be called first-in, first- out at each terminal provided that the first-out engineer has had full rest under the Hours of Service Act. Should there be no engineers who are fully rested, 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 the home terminal based upon their tie-up times.

C. Engineers working under the terms of this Agreement will be positioned at the away- from-home terminals based upon home-on-duty times.

D. When two pool engineers are to be called for the same train (one to work and one to deadhead) if one of the engineers is not rested and the other one is rested, the rested engineer will work the train and the unrested engineer will deadhead. Otherwise, applicable GN BLET Schedule Rules will apply.

E. Engineers in this service may be deadheaded via van or train, unless emergency conditions warrant another mode of transportation.

NOTE: Emergency conditions includes acts of God, wrecks, washouts, derailments, fires, floods and mudslides which interferes with the operation of trains

3. Returned to Initial Terminal

A. 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).

B. When an 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.

C. An engineer who is turned back to the home or away-from-home terminal short of the distant terminal for any reason will be paid the one-way trip rate of the applicable route with overtime commencing after eight (8) hours (regardless of miles run).

i. If the engineer is tied up at the home terminal, they will be placed to the bottom of home terminal board based on their tie-up time.

ii. If the engineer is tied-up at the away-from-home terminal they will be placed first out (available after rested).

4. Hours of Service Relief/Short Turnaround Service

A. Short Turnaround Service, in all directions, at Spokane will be performed under Rules 13(c) and the 2005 Letter of Understanding regarding short turn around service.

B. The Spokane extra board will be the primary source of supply for this service and if the extra boards are exhausted, then pool engineers may be used.

i. Pool engineers used to perform turnaround service will be paid a one-way trip rate of the route traversed with overtime commencing after eight (8) hours (regardless of miles run). If the engineer traverses over more than one route, than the trip rate of the longest route traversed will be due.

C. This does not eliminate or modify any “not called” claim from a pool or extra employee who should have been used when an on-duty pool crew performing hours of service/shuttle service is used in violation of the short turnaround restrictions contained in existing GN agreements.

D. This does not preclude BNSF from using its already established right under existing agreements to use, for instance, yard engineers to perform such work.

E. 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 destination terminal called for, 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. Engineers who are called and released will be handled in accordance with Rule 38 of the GN BLET Schedule.

6. Vacancies and Lay Offs

A. When engineers in this pool layoff or a turn is unoccupied, that turn will be removed from the board. When the engineer returns from layoff, their turn will be placed at the bottom of the working board.

NOTE: Layoffs resulting in permanent vacancies as defined by applicable CBA will continue to be handled by the terms outlined in those CBA.

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 these pools will not be allowed to lay off at an away-from-home terminal, except in case of emergency, such as illness or injury.

7. Pool Regulation

A. This pool will continue to be regulated under current mileage agreements which require indexing of mileage agreements and use of trip rate miles. In addition, the use of both “home-cycle” time component and historical layoff percentages may be considered in the regulation of these pools.

i. Should BNSF foresee an exigent increase or decrease in traffic/volume at any location they will immediately present the Local Chairman with information concerning that increase/decrease and the number of turns that may need to be adjusted to account for the change.

8. Qualification/Familiarization

A. Once qualified/familiarized engineers will be required to maintain that qualification.

9. Compensation

A. Engineers will be compensated the following trip rates, subject to National Agreement provisions:

Note 1:These trip rates will remain subject to all future GWIs and COLAs.

Note 2: All overtime thresholds remain subject to the trip rate “overtime extender”.

B. When engineers are utilized to operate through a terminal as outlined in Paragraph 1(C) above, they will be compensated for all actual miles traversed outside of switching limits at the applicable daily rate from their departure at the applicable GSL or terminal limit, until their return. Payment of any miles under this provision will extend the overtime threshold accordingly.

i. Engineers must use CA Code MS to claim this allowance.

ii. If an engineer is used beyond the listed limits, they will be entitled to actual miles run with a minimum of a basic day (Code RO).

C. Any required familiarization trips will be compensated in accordance with existing agreements.

D. Engineers will be compensated for any side trips or lapbacks not included in the current trip rates in accordance with GN Schedule Rules

10. Lodging and AFHT Meals

A. Suitable lodging (as defined by the 8/1/80 CPS-30-80 BN/BLE Lodging Agreement) shall be provided for engineers tied up at their away-from-home terminal.

B. Engineers who are performing this interdivisional service will be allowed payment for meals at the away-from-home terminal in accordance with national agreement provisions, as amended.

11. Meal Period

A. In order to expedite movement of trains operating under this Agreement, engineers will not stop their train to eat. All meal allowances will be included in these trip rates, so no additional compensation is due for a meal enroute.

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 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.

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 Arbitration Award No. 458 dated May 19, 1986.

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 _____________________________, and shall remain in effect until modified or changed in accordance with the provisions of the Railway Labor Act, as amended.