Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.
November 5, 1980
In full and final settlement of the Carrier's Section 6 notices dated June 13, 1977, as they pertain to the consist of crews in road and yard service:
The consist of all road freight and yard crews, except as otherwise provided in this Agreement, shall be not less than a conductor foreman) and two brakemen (helpers). Such crews will hereinafter be referred to as standard crews.
Article 1. The reduction of road freight service brakeman or yard brakeman (helper) positions from any crew shall be made solely on a pure attrition basis, i.e., no road freight brakeman or yard helper position available to a protected employe under schedule rules will be blanked, nor will a protected employe be furloughed or remain on furlough as long as a reduced crew is operating on his subdivided seniority district, except under certain conditions hereinafter provided.
NOTE No. 1
For purposes of this agreement, "subdivided seniority district"
means a seniority district subdivided based on source of supply
for protecting service on a portion of Seniority district.
NOTE No. 2
A protected employe will not be required to protect mustfill
jobs outside the subdivided seniority district in which currently
working.
Article 2. (a) "Protected employes" under terms of this Agreement means all employes of the Carrier who have rendered prior compensated service under the collective bargaining agreements between the parties hereto and retain an employment relationship (including those on furlough or leave of absence) on the effective date of this Agreement, and any employes in a discharged status who are subsequently returned to service with seniority.
In the application or paragraphs (a) and (b), it is understood that subsequent brakemen will not be stepped up to fill a vacancy on a crew from which a brakeman had been stepped up in order to make that crew a standard crew. The brakeman who is stepped up to restore a crew to a standard crew as provided for in the second paragraph of this Article 4 will be allowed the special allowance as provided ln Article 16 of this Agreement separate and apart from the makewhole provisions set forth next below.
Brakemen used off their regular assignment under (a) or (b) above will be returned to their regular assignment at the home terminal and will receive no less compensation than they would have earned had they remained on their regular assignment.
Article 5. Permanent mustfill vacancies, which are not filled voluntarily in the usual manner, will be filled by assigning the most junior brakemen/helpers on the respective road/yard extra board. If nonprotected employes are assigned (either by choice or if forced), an equal number of protected employes electing to remain on or go to the extra board will, in reverse order of seniority, lose their status in filling blankable positions so long as nonprotected employes are holding mustfill positions. However, a protected employe on the extra board so affected will be permitted to exercise his seniority on any mustfill position held by a junior employe subject to the rules in effect on that particular assignment.
Article 6. Protected brakemen and switchmen on the extra~board shall be used on blankable second brakemen/yard helper vacancies and on mustfill vacancies to the extent specified below, except as provided in Article 5 of this Agreement.
Nonprotected brakeman/yardmen on the extra board shall be used only on mustfill vacancies and those provided by Article 15(b) hereof and shall have no claim if runaround by a protected brakeman/yardman used on a blankable vacancy.
All extra board yardmen will continue to be confined to five straighttime, eighthour shifts in their work week (eleven straighttime shifts ln a semimonthly pay period under former GN Rules) under the FiveDay Work Week Agreement currently ln effect. Road service work not to be considered.
After all available extra board yardmen have worked their allotted number of shifts, or the extra board is exhausted, mustfill vacancies will be offered in seniority order to protected helpers assigned to work that day on blankable positions in the same starting time bracket in which the vacancies exist. If none of the protected yardmen contacted desires the vacancy, the junior protected yardmen contacted will be assigned to work that day, and those forced assigned will receive no less compensation than they would have earned on their own assignment. Protected employees occupying blankable jobs who do not desire to be called when they do not stand to be forced assigned will so notify the company in writing with a copy to the local chairman which may be revoked in the same manner.
In the event there are no available protected yard helpers holding blankable positions in the same starting time bracket in which the vacancies exist, said vacancies will be filled ln accordance with the rules or practices ln effect prior to this Agreement.
When extra board brakemen have earned 1000 line miles other than in passenger service in a work week (a period of seven consecutive days starting with Monday), they will not be used for the remainder of the work week on other than mustfill vacancies.
When the extra board is exhausted, mustfill
temporary vacancies at the extra board point will be filled by
protected employes in accordance with the rules or practices in
effect prior to this agreement. If it is not so filled, it will
be filled by the most junior available protected brakeman holding
a blankable position at that point. If the vacancy is at an outlying
point, the most junior available protected brakeman holding a
blankable position at that point will be used. If there are none,
the vacancy will be filled in accordance with the rules or practices
in effect prior to this Agreement. Those forced assigned will
receive no less compensation than they would have earned on their
own assignment. Protected employes occupying blankable jobs who
do not desire to be called when they do not stand to be forced
assigned will so notify the company in writing with a copy to
the local chairman which may be revoked ln the same manner.
When extra board employes have earned lOOO line miles in road service other than passenger or have worked five straighttime, eighthour shifts in yard service or any combination of the two totaling the equivalent of 1000 miles in a work week (a period of seven consecutive days starting with Monday), they will not be used for the remainder of the work week on other than mustfill vacancies.
After all available men on the extra board have worked their allotted time, mustfill vacancies in yard service will be filled as provided in paragraph (a) of this Article 6.
When the extra board is exhausted, mustfill temporary vacancies in road service at the extra board point will be filled as provided in paragraph (b) of this Article 6. If the vacancy is at an outlying point, the most junior available protected brakeman holding a blankable position at that point will be used. If there are none, the vacancy will be filled in accordance with the rules or practices in effect prior to this Agreement.
Article 7. The Carrier shall maintain a sufficient number of regular and extra employes to permit reasonable lay-off privileges and to protect mustfill vacancies, vacations, personal leave days and other extended vacancies.
There will be no change in the existing practices or agreements in the regulation of the number of turns (crews) in chain gang freight pools. Where extra boards are not guaranteed the local chairmen and local officers will agree on the number of employes to be assigned to the respective extra boards.
Article 8. In the event a standard yard crew member falls to report for duty at the assigned reporting time, the remaining crew members may be required to work on a reduced crew basis not to exceed sixty minutes if there is an available protected helper on the extra board who will be called to fill the vacancy. If there is no available protected helper on the extra board, the position will be blanked and the remaining crew members will finish that tour of duty. They shall be paid the special Allowance and payment will be made to the Productivity Fund as provided for in Articles 16 and l7 of this agreement.
Article 9. In the event that any member of a standard yard crew discontinues duty before completion of the crew's tour of duty, he shall be paid for the actual time on duty. The remaining two crew members may be required to work not to exceed sixty minutes if a replacement is called. The Carrier may elect to tie the crew up rather than call a replacement, or in the event no protected helper is available from the extra board, the remaining two crew members may be required to work on a reduced crew basis and receive the Special Allowance and payment shall be made to the Productivity Fund as hereinafter provided ln Articles l6 and 17 of this Agreement.
Article 10. In the event a brakeman member of a standard road crew, who has been called, fails to report before departure of his train from the home terminal, the crew may be used on a reduced crew basis to and from the awayfrom-home terminal provided the trains they operate do not exceed 121 cars, or 6,840 feet, exclusive of engines but including caboose(s). The two crew members so used will be paid the Special Allowance and payments will be made to the Productivity Fund as provided in Articles l6 and 17 of this agreement.
If an employe is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.
Crews performing service under provisions of this Article will not be required to make more than two pickups and/or setouts (not to exceed two in total) exclusive of setting out bad orders except on trains of 71 cars or less but not to exceed 40l5 feet ln length.
Article 11. If a brakeman on a standard train crew on straightaway road assignment, who has been called, fails to report or marks off at the awayfromhome terminal for reasons of his own, the remaining two crew members may be required to work back to their home terminal, providing the train does not contain more than 121 cars, or 6,840 feet, exclusive of engine(s) but including caboose(s), and will receive the Special Allowance and payment will be made to the Productivity Fund as provided in Articles 16 and 17 of this agreement.
If an employe is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.
Crews performing service under provisions of this Article will not be required to make more than two pickups and/or setouts exclusive of setting out bad orders except on trains of 71 cars or less but not to exceed 4015 feet in length.
In the event that a train does contain more than 121 cars, or 6,840 feet, excluding engine(s) but including Caboose(s), so as to require a standard crew, the second brakeman position will be filled in accordance with the applicable provisions of Article 4.
Article 12. The following car limits and train length limitations shall be made effective in road freight service:
Trains of one to 71 cars but not to exceed 4,015 feet in length, exclusive of engine(e) but including caboose(s), may be operated with a reduced crew of one (1) conductor and one (1) brakeman, subject to other provisions of this agreement.
Trains of 72 cars to 121 cars but not to exceed 6,840 feet in length, exclusive of engine(s) but including caboose(s), may be operated with a reduced crew of one (l) conductor and one (l) brakeman by agreement between the appropriate UTU Local Chairman or Local Chairmen and local carrier officers with the approval of the appropriate General Chairman or General Chairmen and Carrier's and Labor Relations Officers.
Trains consisting of more than 121 cars or exceeding 6,840 feet in length, exclusive of engine(s) but including caboose(s) will be operated only with a standard crew.
Employes will not be required to operate with less than the required train crew consist specified in this agreement nor will they be censured or disciplined in any manner for refusal to do so.
Article 13. (a) New business or new service operations of trains not exceeding 121 cars or 6,840 feet in length, exclusive of engine(s) but including caboose(s), such as payback, unit and single commodity trains, established to compete with other modes of transportation, such as trucks, ships and barges; and all nonrevenue trains, such as snowplows, work or wreck trains (including handling of wreck trains, terminal to terminal) may be operated with a reduced crew of not less than one (1) conductor/foreman and one (l) brakeman/yard helper.
(b) Where such service is protected from extra boards or by crews exclusively assigned to such service, it may be manned by reduced crews. When such service is protected by standard crews, second brakeman (helper) vacancies will be filled by available protected extra board brakemen (helper) to the extent provided for in Article 6 of this agreement.
Amount in Fund at the end of year $288,000
Number of protected employee 200
| Total number of road freight
service trips or yard tours of
duty by protected employes only 12,000
$288,000 ¸ 12,000 = $24 per share
Personal Leave
Years of Service
Days Per Year
Less than 5 years 2 days
5 years and less than 10 years 4 days
10 years and less than 15 years 6 days
15 years and less than 20 years 8 days
20 years and more 10 days
Article 21. The parties hereto recognize the complexities involved in this Agreement and, in keeping with its intent and purpose and the rights and responsibilities of the parties thereunder, arrangements will be made for periodic conferences for the purpose of agreeing on interpretations.
It is further agreed that at least for the first year the Agreement is in effect, disputes arising from its application will be handled expeditiously in conference by the General Chairmen and Labor Relations. Such conferences will be held promptly at the request of either party.
Article 22. The parties to this Agreement shall not serve or progress, prior to the attrition of all protected employes, any notice or proposal for changing the specific provisions of this Agreement governing pure attrition, protected employes, car limits and train lengths, special allowance payment to reduced crew members, employe productivity fund deposits and the administration thereof.
This section will not bar the parties from making changes in the above provisions by mutual agreement.
Article 23. This Agreement will be made effective within 30 days of the date the Carrier is notified by the Organization that the Agreement has been ratified, and, except as provided above, will continue in effect until revised or amended by agreement of the parties, or in accordance with the Railway Labor Act, as amended, and will supersede all other agreements, rules and/or understandings which are in conflict herewith.
Signed at St. Paul, Minnesota this 5th day of November. 1980.
For: For:
UNITED TRANSPORTATION UNION BURLINGTON NORTHERN INC.
/s/ G.D. Hitz /s/ A.E. Eghers
Vice President-Labor Relations
/s/ F.W. Kruger
/s/ D.E. Wegler
/s/ H.J. Carsteus M.W.
/s/ M.M. Winter
/s/G.W. Frig
APPROVED:
/s/ James E. Hurley /s/ J.M. Hicks
Vice President - UTU
/s/ F. Zamasiom
Vice President - UTU
OF ,1980
Q. Does this
Agreement change or in any manner affect the consist of crews
in passenger service?
A. No.
Q. Does this
Agreement change in any manner agreement rules and practices pertaining
to the filling of conductor/foreman vacancies?
A. No.
Q. Will blankable
second brakemen/helper positions continue to be bulletined?
A. Yes, where
rules now require until no bids are received on such positions
from protected employes, in which event the positions will be
blanked, unless and until a protected employe takes the job.
Q. Does a protected
employe retain the right to exercise seniority to a blanked second
brakeman-helper position?
A. Yes, except
on those specified in Article 13 and assignments which could be
manned by reduced crew prior to this Agreement, and in instances
where protected employes are permitted to bump off the extra board
under Article 5.
Q. When stepping
up a brakeman at the awayfromhome terminal under Article
4, which brakeman on the crew should be selected?
A. Except when
both brakemen on the crew are extra board brakemen, the senior
brakeman should be selected. If both are extra board brakemen,
the one who stood first out when they were called from the extra
board should be selected. If the brakeman so selected cannot be
contacted, the other brakeman on the crew may be used.
Q. Will a brakeman
who stands to be stepped up under this Article be disciplined
should he miss the call?
A. No.
Q. The first sentence of the third full paragraph of Article 4 reads:
"In the application of paragraphs (a) and (b), it is understood that subsequent brakemen will not be stepped up to fill a vacancy on a crew from which a brakeman had been stepped up in order to make that crew a standard crew."
Does this provision permit the Carrier to operate a reduced crew contrary to the provisions of this agreement?
A. No.
Q. When should
furloughed men, who are protected under this agreement, be called
for service?
A. When the
extra list and the means for supplementing an exhausted extra
list, pursuant to applicable schedule rules or present accepted
practice absent a governing rule, have been exhausted.
Q. Does the
wording in 6(a), reading "same starting time bracket"
mean the time periods referred to in existing starting time rules?
A. Yes.
Q. Will a time
and onehalf tour of duty in yard service (other than working
on a holiday) be counted as a day against a helper on the yard
extra board under the provisions of this Article 6(a)?
A. No, time
and onehalf tours will not be counted in computing the straighttime,
eighthour shifts.
Q. What earning
will be used to compute the 1000 line miles in road service for
extra board employes under the provisions of Article 7(b) and
©?
A. The line
mileage of each trip in road service with a minimum of 100 miles,
including deadhead trips under pay will be counted. Services paid
for on an hourly basis of pay will be computed at 12.5 miles per
hour. Time consumed in the performance of work for which an arbitrary
allowance is paid will not be counted nor will heldawayfromhome
terminal payments be counted under this article.
Q. Will a time
and onehalf tour of duty in yard service be counted as a
day or 100 miles against an employe working from a combined yardman/brakeman
extra board toward the equivalent of the 1000 miles in the work
week?
A. No; only
straighttime shifts will be counted and each straighttime
shift will only count as 100 miles, i.e., if a yardman works eight
hours straight time and four hours overtime in the same tour of
duty, only 100 miles will be counted toward the equivalent of
1000 miles in a work week.
Q. If there
is switching to be performed and one member of the standard road
crew fails to report for duty at the onduty time, may the
crew commence switching and depart from the terminal or complete
their tour of duty as a reduced crew?
A. Yes, under
these circumstances the time the crew starts switching will be
controlling in the application of Article 10.
Q. Will a train
be considered as having departed from the home terminal if a brakeman
member arrives in time to board the train without delaying the
train in instances where no switching is to be performed?
A. No.
Q. Do the car
limits and train length provisions of Article 12 apply to assignments
which could be manned by one conductor and one brakeman prior
to the effective date of this agreement?
A. Yes.
Q. Do car limits
and train length provisions of Article 12 apply to traveling switchers
classified as road assignments?
A. Yes when
handling train between stations on road trip.
Q. Does the
car limitation of 1 to 71 cars or 72 to 121 cars only apply to
trains out of the initial terminal for a crew?
A. No, the number
of cars handled at any one time in movement over the road between
any two points enroute will not exceed the maximum 71 or 121 cars
as the case may be. However, if a reduced crew is assigned to
operate a train, they may handle during setting out or picking
up more than the maximum number of cars.
Q. Prior to
the effective date of this Agreement, there were four pool crews
in service on a subdivision and after the effective date of this
agreement business increases and two additional pool crews are
added to the pool service. Can this be considered new business
or new service operations?
A. No.
Q. Prior to
the effective date of the agreement, the Carrier handled a certain
volume of coal trains from one mine to one destination, which
after the agreement, doubled in volume. Would the doubling of
business in this instance be considered new business?
A. No.
Q. Unit coal
trains are moving from Mine A to Industry B. After the agreement
becomes effective, there is a chance in ownership of either the
mine or the industry or both. Would that be considered new business?
A. No.
Q. In the event
a crew is relieved because of the hours of Service law before
departing its initial terminal and a relief crew is called to
handle the train of the crew being relieved, will the car limits
and train lengths, as provided for in Article 12 hereof, apply
to the relief crew?
A. Yes, because
the train has not departed its initial terminal.
Q. Does Article
13© give the Carrier the right to set up assignments consisting
of one conductor and one brakeman to be used exclusively to relieve
crews whose time has or will expire under laws limiting hours
of service?
A. No, not as
long as protected employes are available.
Q. What is meant
by the wording, "head end of train"?
A. The control
unit of the locomotive.
Q. Do the number
of days not worked while protecting the extra board go to the
credit of the protected employe toward the number of tours of
duty credited for the purpose of sharing in the productivity fund?
A. No; only
actual service performed in freight or yard service is so credited.
Q. In the event
of the death or a protected employe who is entitled to payment
from the productivity fund, will his part be paid to the estate
or beneficiary?
A. Yes, when
disbursements are made.
Q. Section (b)
provides that for each paid vacation day taken by a protected
employe he will be credited with that day in computing his share
of the Productivity Fund. Will "Personal Leave" days
taken by an employe also be credited in computing his share of
the Productivity Fund?
A. No.
Q. How many
shares will be credited for each week of vacation taken by a protected
employe in road freight or yard service under this article?
A. Seven.
Q. Will tours
of duty in road or yard service on single position assignments
such as pilots, skatemen and car retarder operators worked by
protected employes be credited in computing their share of the
Productivity Fund?
A. Yes.
Q. How will
a protected employe's share be computed where he works on an interdivisional
run that operates in two new seniority districts-for example,
between Sheridan and Forsyth.
A. Productivity
Fund payment will be made when applicable to the Fund for the
seniority district in which the trip commenced. If a reduced crew
operated a train from Sheridan to Forsyth, the Wyoming Road Seniority
District Productivity Fund would be credited with the $48.25.
If a reduced crew handled a train from Forsyth to Sheridan, the
MontanaDakota Productivity Fund would be credited with $48.25.
For each trip that a Wyoming or MontanaDakota protected
employe works Sheridan-Forsyth or ForsythSheridan, he will
be credited with a trip on the seniority district from which the
train originated. He will share in the Productivity Funds for
both the Wyoming and MontanaDakota road seniority districts
under Article 17.
Q. If a man
with more than five years and less than ten years of service,
who is entitled to four personal leave days a year (receives or
could have received 6 paid holidays but did not qualify due to
unavailability on qualifying day or days), goes to road service,
which does not qualify for holiday pay, would he be entitled to
four personal leave days?
A. Yes, but
he could not get more than ten personal leave days and holidays
through the combination of the two.
Q. In the event
the same man, who qualified for and who is entitled to four personal
leave days, works a yard job or a road job qualifying for holiday
pay and earns seven paid holidays and then takes a job that does
not qualify for holiday pay, how many personal leave days would
he then be entitled to?
A. Three.
Q. In the case
of a 20year brakeman working the first part of the year
on freight trains not governed by holiday pay, and during such
time uses all ten days of his "personal leave," then
goes to a road freight run covered by Holiday Pay rules, or yard
service covered by Holiday Pay rule, what is his eligibility for
holiday pay?
A. He would
not be eligible for holiday pay, as he used his maximum ten days
for the year, and no more holiday-pay days would be due; similarly,
if he used five days of personal leave, he would only be eligible
for the five holidaypay opportunities the remainder of the
year, i.e., in no event can a man accrue more than ten days' personal
leave or holiday pay in combination.
Q. If a passenger
service employe, where no holiday pay applies, goes into freight
service where the personal leave days apply, is he eligible for
such days when in freight service?
A. Yes.
Q. An employe
has five years or service as of December 29, 1981, and is entitled
to four personal leave days, but there are only three days remaining
in the year. After taking three personal leave days, may he then
carry the fourth day over into the next year?
A. No.
Q. An employe
who will have five years or service on August 1, 1981, takes two
personal leave days prior to that date. Is he entitled to an additional
two personal leave days after August 1, 1981?
A. Yes.
Q. Can an employe on a combination roadyard extra board take personal leave days?
A. Yes, but
he cannot get more than 10 personal leave/holidays through a combination
of the two.
Q. Is an employe
on a job that qualifies for holiday pay, fails to qualify on one
of the holidays, does this reduce his personal leave days?
A. No. Example:
A 20 year man is on an assignment qualifying for holiday pay and
earns 2 paid holidays but fails to qualify for two paid holidays.
Then he takes a job that does not qualify for holiday pay, how
many personal leave days is he entitled to?
He would be entitled to 8 personal leave days but would not
be entitled to more than 10 personal leave/holidays through a
combination of the two.
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J. M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This letter will confirm the following understanding ln connection with the application of Article 9 of the Crew Consist Agreement dated November 5, 1980
If the Carrier believes that the number of layoffs during employes' tours of duty have increased as a result of said Article 9, a prompt conference will be held in order to modify the agreement to the extent necessary to obviate excessive layoffs.
Very truly yours, AGREED:
/s/ A.E. Eghen /s/ J.M Hicks
Vice President-Labor Relations Vice President UTU
Burlington Northern Inc.
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This will confirm our several discussions and our agreement that the Crew Consist Agreement dated November 5, 1980, will not have any bearing whatsoever on the administration of discipline procedures, or the amount of discipline assessed, in an effort to reduce the lists of "protected employes".
If at any time you feel that this commitment is not being honored, a prompt conference will be afforded to review the matter and whatever steps are warranted will be taken to alleviate the complaint.
Very truly yours, AGREED:
/s/ C.E. Eghen s/s J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This will confirm our understanding that the Crew
Consist Agreement dated November 5, 1980, does not change present
rules, agreements or practices concerning the use of cabooses
in road or yard service; nor does it change the present practice
of placing them on the rear of all freight trains, or the present
practice of placing them elsewhere under certain circumstances.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
Where there is a change in the consist of crews as a result of this agreement and the employes desire that arrangements be made for exercise of seniority or rebulletining jobs in connection therewith, the parties will meet and reach an agreement to cover.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This will confirm our understanding of Article 2 of the Crew Consist Agreement dated November 5, 1980, to the extent that any employe who has worked for the Carrier under UTU © (T) and/or (S) agreements for at least 30 days prior to the effective date of the agreement will not have his application disapproved without furnishing the General Chairman satisfactory reasons for such disapproval.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This will confirm understanding reached in conference today with respect to interpretation of the word "emergency" as used in Sections © and (d) of Article 14 of the Crew Consist Agreement dated November 5, 1980.
We adopt, as a general proposition, the definition of "emergency" as set forth in Webster's New World Dictionary, Second College Edition, copyright 1974, towit:
"Emergency... a sudden, generally unexpected occurrence or set of circumstances demanding immediate action."
Without attempting to set forth all or the many circumstances and events that would and/or would not constitute emergencies under that or any other general definition, the following are some practical examples of each:
Mr. F.J. Zamarioni -2- November 5, 1980
Mr. J.M. Hicks
If the above accurately reflects our understanding, please so signify in the spaces provided below.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This refers to the second indented paragraph of Article 12 of the Crew Consist Agreement November 5, 1980.
The reference to "appropriate General Chairman or General Chairmen," means that in any case of runs on which by agreement or allocation pursuant to Implementing Agreement No. 5, employes from more than one prior rights seniority district or subdivided seniority district are assigned to work, any agreement to operate trains of 72 to 121 cars in such territories will be subject to approval of the General Chairmen who represent the employes participating in such runs. Examples: Twin CitiesStaples, FargoMinot and SeattlePortland would be subject to approval by General Chairmen parties to contracts on former GN and former NP; SheridanForsyth would be subject to approval by General Chairmen on former NP and former CB&Q; and SpokanePasco would be subject to approval by General Chairmen on former NP and former SP&S.
On the other hand, where territory is confined to one of the former railroads and there are no allocations, only that General Chairman's approval would be required.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This refers to our discussion concerning Article 8 of the Crew Consist Agreement dated November 5, 1980.
We agreed that if a problem develops where protected men may be delayed a few minutes in reporting to work on time because road crossings at entrance to the yard or in the yard are blocked by cars or trains or other extenuating circumstances, meeting will be promptly held for purpose of determining what action can be taken.
It is understood that the Carrier does not intend to administer the Crew Consist Agreement in such a manner which would avoid using a protected employe for work for which he stands.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
The provision of Article 9 that a yardman discontinuing duty before completion of a crew's tour of duty shall be paid for actual time on duty-will be subject to application of rule in consolidated yardmen's agreement dealing with payment to yardmen injured on duty.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.J. Zamarioni, Vice Pres. November 5, 1980
United Transportation Union
2209 West Main Street
Belleville, Illinois 62221
Mr. J.M. Hicks, Vice President
United Transportation Union
6213 Willismore Drive
Valley Station, Kentucky 40272
Gentlemen:
This will confirm our understanding concerning the train-length limitations referred to in Article 12 of the Crew Consist Agreement of November 5, 1980.
If disputes arise, methods satisfactory to both parties will be established at all terminals by the superintendents and the General Chairmen, or their designees, for determining the length of trains.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc
Mr. F.W. Kruger, Gen. Chmn. November 5, 1980
United Transportation Union
412 Bremer Building File # (CP) CT12
St. Paul, Minnesota 55101
Dear Mr. Kruger:
This will confirm our understanding and agreement that the Memorandum of Agreement effective December 5, 1980, pertaining to crew consist will be applicable to road service on the Camas Prairie Railroad Company.
Very truly yours, AGREED:
/s/ C.E. Eghen /s/ J.M. Hicks
Vice PresidentLabor Relations Vice President UTU
Burlington Northern Inc