JURY DUTY AGREEMENT

1997 Engineers’ Temporary Transfer Agreement,
Side Letter No. 1

Gentlemen:

This is to confirm our understanding in connection with jury duty for engineers.

Article XII- Jury Duty

(a) When an engineer is summoned for jury duty and is required to lose time from his assignment as a result thereof, he will be paid for actual time lost with a minimum of a basic day’s pay at the straight time rate of his position for each calendar day lost, less the amount allowed him for jury service for each such day, excepting allowances paid by the court for meals, lodging and transportation, subject to the following qualification requirements and limitations:

(1) An engineer must furnish the BNSF with a statement form the court of jury allowances paid and the days on which jury duty was performed.

(2) The number of days for which jury duty pay will be paid is limited to a maximum of 60 days in any calendar year.

(3) No jury duty pay will be allowed for any day on which the engineer is entitled to vacation or holiday pay.

(b) The provisions of this agreement do not limit or restrict jury duty payments made under the provision of state or local statutes.