TRANSFER AGREEMENT

BN

 

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD COMPANY

And The

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

 

The purpose of this agreement is to establish uniform conditions governing the transfer of engineers

from one seniority district to another on Burlington Northern Railroad Company’s system, Including

the relinquishment and establishment of engineer seniority dates. Now, therefore, it is agreed:

 

SECTION 1 – TRANSFERS BY RIGHT

 

Employees who have seniority dates as engineers will be entitled, under this Section, to transfer as

engineers to other seniority districts whenever they are unable to hold any positions In train, yard or

engine service on their present seniority districts. Employees eligible to transfer under this Section

may transfer to any location on any other seniority district where they can hold service as an engineer

immediately upon their transfers, utilizing the seniority dates they will establish pursuant to the terms

of this agreement.

 

SECTION 2 – TRANSFERS BY PRIVILEGE

 

Employees who have seniority dates as engineers who wish to transfer to other seniority districts but

are not entitled to transfer under Section 1 above, may, at the Carrier’s discretion be allowed to

transfer as engineers under this Section. Before employees may transfer under this Section the

transfers must be authorized by the Carrier, in writing, Including the effective date of the transfers and

the seniority districts to which transferred specified. The Carrier has the sole discretion to authorize

transfers under this Section and to specify the seniority district to which an employee is allowed to

transfer.

 

 

SECTION 3 – RELINQUISHMENT AND ESTABLISHMENT OF SENIORITY

 

 

(a) Employees transferring under this agreement will be required to relinquish, in writing their seniority

as engineers on the seniority districts from which transferring at the time of their transfers.

 

(NOTE: This agreement only deals with the transfer of employees as engineers and,

in connection therewith, the effect on those employees’ seniority as engineers. When an employee

transfers under this agreement, the effects if any, on the employee’s seniority in any other crafts or

classes would be governed by the collective bargaining agreements covering those crafts or classes.)

 

(b) Except as provided in paragraph (c) below employees transferring under this agreement will

establish seniority dates as engineers on the seniority districts to which they are transferred that Is

the same as their seniority dates on the districts from which transferred, provided however that their

new seniority dates will be no earlier than the effective date of this agreement. The employees will be

ranked on the rosters according to these new dates, behind all other engineers on the rosters with the

same date, as if they had established seniority on those districts in the usual manner.

 

(c) Employees who have established seniority dates as engineers prior to the effective date of this

agreement are subject to the provisions of this Section, provided, however, that employees who

relinquish their seniority dates due to transfers to other seniority districts under the terms of this

agreement and subsequently transfer back to their original seniority districts pursuant to Sections 1 or

2 above will, upon transferring back to their original seniority districts, establish seniority dates on

those districts as engineers that are the same as their original seniority dates as engineers, and they

will be ranked on the engineers’ roster according to their original rankings thereon.

 

(d) If two or more engineers have the same seniority date, they will be ranked according to their

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.

 

 

SECTION 4 – EFFECT

 

 

(a) This agreement does not apply to temporary transfers as engineers for periods of

ninety (90) days or less duration.

 

(b) This agreement supersedes all other agreement provisions that are in conflict with

it, and shall become effective on the first day of November, 1990.

 

 

 

 

Signed at Fort Worth, Texas this 1st day of NOVEMBER, 1990.

 

 

 

For: BROTHERHOOD OF LOCOMOTIVE For: BURLINGTON NORTHERN

ENGINEERS RAILROAD COMPANY