TRANSFER AGREEMENT CLARIFICATION

Brotherhood of Locomotive Engineers

Dennis R. Pierce		GENERAL COMMITTEE OF ADJUSTMENT BNSF/MRL	VICE  CHAIRMEN M. 0. WILSON S. J.  BRATKA D.W. MAY
General Chairman		801 CHERRY ST., SUITE 1010 FT. WORTH, TX 76102-4237 TEL (817) 338-9010 · FAX (817) 338-9088	J.H. NELSON SECRETARY-TREASURER GALESBURG, IL 61401

 

 

Dear Sirs and Brothers:

Enclosed you will find a copy of a recently signed Letter of Understanding clarifying application of various portions of Agreement OPS 3-90, known as the 11/1/90 Transfer Agreement. The Letter of Understanding covers several areas of concern and reflects the actions of this Committee while in session in 2001. Please contact the Office if there are any questions concerning the Letter of Understanding, and, as always, I remain,

Fraternally yours,

Dermis R. Pierce

General Chairman

cc: Jim Nelson, GST

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LETTER OF UNDERSTANDING

between

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

and

BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY

 

This understanding is to clarify and confirm existing applications of the following Sections of OPS 3-90, 11/1/90 Transfer Agreement.

Although Section 3(a) of the Agreement contemplates that an engineer transferring under the conditions of the Agreement will relinquish his seniority on the district from which transferring, Section 3(c) retains and protects this same seniority in the event an engineer transfers back to his original district under the terms of the Agreement. To confirm our existing application of these two Sections of the Agreement, it is understood that by utilizing new software recently implemented in TSS (and/or any other Crew Calling Computer System utilized) Engineers will not be required to relinquish seniority as noted in Section 3(a). Rather this seniority will be “inactivated” in TSS upon transfer and activation of engineer seniority on a new district and will remain inactivated until such time that a transfer back to the original district is accomplished under the terms of the agreement. This method of inactivating seniority will only apply to seniority on the original seniority district on which an engineer first established engineer seniority. Engineers transferring a second time to a third and separate district will relinquish all rights to engineer seniority on any district other than the original district on which engineer seniority was first established.

This will also confirm our understanding that transfers under Section 2, “Transfer by Privilege” do not require that the transferring engineers be able to hold service as an engineer on the district transferring to in order to be approved. Transfers under this Section are allowed at the sole discretion of the Carrier and engineers so allowed to transfer will be added to the new engineer seniority district on the effective date of the transfer as specified in our Understanding of March 20, 2001 (OPS 23-Cl). Engineer seniority on the original district on which the employee established engineer seniority will be inactivated on this same date, as described above, while engineer seniority on any other districts will be relinquished.

This will also confirm our current application of Section 3(d) of the Agreement. It is understood that Section 3(d) applies to all transfers to new districts when the date established on the new district is the same. For example, if five (5) engineers transfer to a new district and establish November 1, 1990 as a engineer seniority date on the new district, these engineers will be ranked as a group on the new district by theft earliest date of hire with the company (continuous employment), the employee with the earliest date of hire being ranked ahead of the others. If the earliest date of hire is the same, the oldest employee in attained age will be ranked first.

In the event there are already engineers on the involved seniority district who originally established theft engineer seniority on that district in the usual fashion, transferring engineers will be ranked following these engineers pursuant to Section 3(b) of the Agreement but will be ranted as group of transferring engineers as described in the preceding paragraph.

To clarify our current application of the language in Section 1, “Transfer by Right” of the Agreement, the following will apply. This Section grants transfer rights to those employees who are unable to hold any position in train, yard or engine service on their “present district”. Our understanding of November 17, 1998 established that the “present district” language of Section 1 applied to the train, yard and engine seniority districts as they existed or were defined in November 1990. This remains unchanged, however it is also understood that involved engineers will only be afforded rights under this Section when they are unable to hold such a position on these districts, as described in our November 17, 1998 understanding, on which their engineer seniority is currently activated as described in the first paragraph of this understanding.

Signed this ____18th___day of ___April___,2002,in Ft. Worth Texas.