OPS 17-85 AGREEMENT (GUARANTEE-WISHRAM)

BN 6/13/85 OPS 17-85
File: EF-86(1-2)
Portland/Vancouver Pasco

 

 

EMPLOYEE PROTECTION AGREEMENT
Between
BURLINGTON NORTHERN RAILROAD
COMPANY
And
BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

In connection with the Portland/Vancouver-Pasco intraseniority district service agreement executed this date,

IT IS AGREED:

1. (a) Every engineer adversely affected directly or indirectly as a result of the implementation of the above-mentioned agreement shall receive the protection afforded by Sections 6, 7, 8, and 9 of the Washington Job Protection Agreement of May, 1936, except that for the purposes of that agreement Section 7(a) is amended to read 100% (less earnings in outside employment) instead of 60% and extended to provide period of payment equivalent to length of service and to provide further that allowances in those Sections 6 and 7 be increased by subsequent general wage increases. See also the exception contained in Paragraph (b) of this Section 1.

(b) Every engineer who as of 12:01 a.m. on the day prior to implementation of the above-mentioned agreement is home terminated at Wishram will be considered to be immediately certified as adversely affected as of that date, subject to the following conditions. An employee who is now out of service for disciplinary reasons, who last service met the assignment qualifications in the preceding sentence (i.e., home terminated at Wishram), and who would have been assigned to the active working lists on that time and date had that discipline not occurred, if he is reinstated with full seniority rights, will become “immediately certified” effective with his return to the active working list.

So far as such “immediately certified” engineers (and any other engineer who qualifies for the earnings guarantee) are concerned, that portion of Section 6(a) of the WJPA commencing with the words “except however” and continuing through the remainder of the sentence, is replaced with the following:

***except however that such engineer will not thereafter be considered to be adversely affected under agreement if he does not obtain an engineer’s position under the above mentioned agreement at Portland/Vancouver at the first opportunity that his seniority permits him to do so. Any engineer who declines to accept a position at Portland/Vancouver, in seniority order, will then forfeit the protective features of this agreement until such time as he does obtain service under the above mentioned agreement.

(c) The words “length of service,’ as contained in Paragraph (a) of this Section. are interpreted (so far as this agreement is concerned) to include all continuous service in the operating crafts with this company, in determining the length of service for the purposed of the “period of payment” referred to therein.

(d) (1) In determining the average monthly compensation for full-time organization or carrier officers who return to engine service, or part-time local chairmen, the provision of Section 4(b) of the Merger Protective Agreement dated June 29, 1968, shall apply. It is understood that such additional credits must be certified by the employing organization or carrier and shall be subject to verification by the other. Full-time organization or carrier officers who return to engine service will be considered to be “immediately certified” if there are junior employees who were so certified.

(d) (2) If a full-time organization or carrier officer later returns to engine service, he shall be entitled to the various housing and moving allowances if he owned his former residence in Wishram on the qualifying date and still owned it on the date that he returns to engine service, and provided he was not using it as his residence on the qualifying date only because his full-time organization or Carrier position required him to reside elsewhere. The moving provisions are applicable only to moving his household furnishing from Wishram to the home terminal of his engine service assignment.

2. Any engineer home terminated at Wishram as of the date the above-mentioned agreement is implemented, who elects to remain at such location but subsequently cannot continue to hold an engineer’s position at such location, will be provided moving and transfer allowances if he elects to take service at another location on his seniority district within three years of the implementing date, provided he actually moves.

3. (a) Any engineer required to change his residence as a result of the implementation of the above-mentioned agreement shall be subject to the benefits contained in Sections 10 and 11 of the Washington Job Protection Agreement and in addition to such benefits shall receive a transfer allowance of $400.00 and 5 working days instead of the “two working days” provided by Section 10(a) of said agreement.

(b) An engineer, as defined in the second paragraph of 5ection 1(b) hereof, who obtains an assignment home terminated at Portland/Vancouver shall be considered to be “required” to change his residence if his residence is closer to his present on/off duty point than to this new on/off duty point and that residence is also more than 35 miles from his new on/off duty point at Portland/Vancouver. If the engineer is ”required’ to change his residence and does so, he must locate his new residence within 35 miles of his new on/off duty point. All distances shall be measured via the most direct automobile route.

(c) The “5 working days” referred to in Paragraph (a), of this Section 3, means that the transferred engineer is entitled to actual necessary traveling expenses for himself and members of his family and for his own actual wage loss for one period, not to exceed 5 consecutive calendar days, for moving. Included in the traveling expenses, among other things, is automobile mileage for up to two motor vehicles at the current mileage rate (now 20.5 cents per mile).

(d) If an employee (who is entitled to homeowner’s protection on his residence) resides in a duplex that he owns, the Carrier will be liable to the extent of one-half of the established value of the entire duplex. Since the remainder is investment property, the Carrier has no obligation to buy such property, and the Carrier’s liability applies only to making the employee whole (upon sale) to that value on one-half of the property or to paying him the applicable cash allowance applied to one-half of the total property value.

(e) Employees who are eligible for protection from loss on the sale of their residences must advise the company of all purchase offers that they receive for their residence so that the Company may have the opportunity to elect to have them accept the offer and pay the employee the difference, if any, between the offer and the agreed fair market value. The Carrier will not be liable for real estate commissions unless it has contracted for them.

( f ) The term “residence” as used herein means the single primary abode of the employee, consisting of not more than one dwelling unit utilized for residential purposes only and on a building site of not more than two acres (or the minimum site required by zoning regulations in the community, if greater), including house trailer if ‘permanently” affixed to that site.

(g) Should controversy arise in respect to the value of the residence and areas, it shall be resolved in accordance with the provisions of Section 11(d) of the Washington Job Protection Agreement, reading as follows:

“Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase. loss and cost in securing termination of lease, or any other question in connection with these matters, it shall be decided through joint conference between the representatives of the employees and the carrier on whose line the controversy arises and in the event they are unable to agree, the dispute may be referred by either party to a board of three competent real estate appraisers, selected in the following manner: One to be selected by the representatives of the employees and the carrier, respectively, and these two shall endeavor by agreement within ten days after their appointment to select the third appraiser, or to select some person authorized to name the third appraiser, and in the event of failure to agree, then the Chairman of the National Mediation Board shall be requested to appoint the third  appraiser. A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the salary of the appraiser selected by such party.”

except that the underlined portion is modified to provide for (1) a conference between the General Chairman (or his representative) and the designated Carrier (labor relations) officer to attempt to resolve the difference, and failing there, (2) to select the third appraiser, or agree on who shall make the selection.

4. (a) Any engineer, as defined in Sections 1(b) or 2, hereof, who is required to change his residence as a result of the implementation of the above-mentioned agreement, who owned his bona fide residence as of May 16, 1984 (Oct 5, 1993), and still owns It on the date this agreement is implemented, will be entitled to the following additional option:

During the three-year period commencing on the date this intraseniority district service is inaugurated, he may elect to accept and be allowed an amount equal to 25 percent of the fair market value of his residence-and retain ownership, in which event the Carrier will have no further obligation to him with respect to property, moving and relocation (transfer) expenses and allowances.

( b ) Any engineer who is required to change his residence as a result of the implementation of the above mentioned agreement, who rents or leases his bona fide residence as of the date this agreement is implemented, will be entitled to the following additional option:

He may elect to accept and be allowed the sum of $2,000 in which case the Carrier will have no further obligation with respect to rental or lease agreement. moving and relocation (transfer) expenses and allowances.

5. Nothing in this Agreement shall be construed as depriving any employee of any rights or benefits or eliminating any obligations which such employee may have under any existing job security or other protective conditions or arrangements: provided, however, that if a protected employee otherwise is eligible for protection under both this Agreement and some other job security or other protective conditions or arrangements, he shall elect between protection under this Agreement and protection under such other arrangement. So long as he continues to be protected under the arrangement which he so elects, he shall not be entitled to any protection or benefit (regardless of whether or not such benefit is duplicative) under the arrangement which he does not so elect, provided further, that after expiration of the period for which such employee is entitled to protection under the arrangement which he so elects, he may then be entitled to protection under the other arrangement for the remainder, if any, of his protective period under that arrangement. There shall be no duplication or pyramiding of benefits to any employees. and the benefits under this Agreement, or any other arrangement, shall be construed to include the conditions, responsibilities and obligations accompanying such benefits; and provided further, that an employee who elects protective benefits from another agreement shall still be subject to the provisions of the second paragraph of Section 1(b) and Section 3(b), above. An employee who is eligible for protection under more than one agreement must make his election within 60 days after he is furnished the amount he is guaranteed under this agreement.

Signed at Fort Worth, Texas this 13th day June of 1985.