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.

AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD

And

UNITED TRANSPORTATION

Pursuant to Carrier's notice dated October 5, 1993, under Article IX of the October 31, 1985, National Agreement, it is agreed that Intraseniority district service may be established between Portland, Oregon - Vancouver, Washington and Pasco, Washington, through the home terminal of Wishram, Washington and this service will be operated under the following conditions:

Section 1. Portland, Oregon - Vancouver, Washington, will be the home terminal to this service and Pasco, Washington, the away-from-home terminal.

(a) There will be one designated on and off duty point at Vancouver, Washington for this service.

(b) There will be one designated on and off duty point at Pasco, Washington for this service.

(c) When a crew is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service hereunder, the Carrier shall authorize and provide suitable transportation for the crew.

Note: Suitable transportation includes carrier owned or provided passenger-carrying motor vehicles or taxi, but excludes other forms of public transportation.

Section 2. (a) A pool of train crews (hereinafter referred to as "long pool crews" will be established and maintained at Portland, OR/Vancouver, WA consolidated terminal to protect intraseniority district service between Portland/Vancouver and Pasco, WA. Such crews shall rotate among themselves on a first-in/first-out basis except as provided herein.

(b) Crews will be called and run at each terminal (first in-first out), provided that the first-out crew has sufficient time remaining under the applicable Hours of Service Law to perform the service for which they stand. If possible and when no other trains would be delayed thereby, the first-out crew's call my be held up for as long as thirty minutes in order for the crew to obtain sufficient rest and depart in proper standing.

(c) Crews operating in this interdivisional service, who are not called in turn for this service, will be allowed one (1) basic day at the unassigned less than 100 mile through freight rate for each time they are runaround. Crews runaround shall retain their position on the board and will be entitled to restoration of turn under Section 2(f) of this Agreement.

(d) If the first-out crew does not have sufficient time remaining, to deliver their train to either their home or distant terminal, under the Hours of Service Law, the next following crew which has sufficient time to perform the service in question will be used without penalty and the first-out crew will be entitled to restoration of turn under Section 2(f) of this Agreement.

(e) There will be no penalty for terminal runarounds, however, a crew that departs the terminal behind another crew that was called for a later on-duty time will be entitled to "restoration of turn" under the provisions of Section 2(f) of this Agreement. It is understood that the Carrier will remove a crew from the train for which it was called and place the crew on a preceding train or deadhead the crew to avoid terminal runarounds except in situations which would result in delay to time sensitive shipments or otherwise impede the operating efficiency necessary to compete for available transportation business.

(f) Upon arrival at the objective terminal, a crew runaround will be restored to its proper position in the freight pool (i.e., original rotation at time of call) with respect to other crews, if rested for its next tour of duty. If a crew is not returned to its proper turn at the away-from-home terminal, it will be placed in proper position upon arrival at the home terminal, except if not rested for the next tour out of that terminal it will establish a new position in the pool.

(g) The number of long pool crews covered above shall be regulated consistent with current mileage regulation arrangement as affected by Article IV of the May 20, 1993 Crew Consist Agreement.

Section 3. Train crews operating in this service will be paid 224 miles Vancouver to Pasco or Pasco to Vancouver and 234 miles from any other point in the Portland/Vancouver terminal to Pasco or Pasco to any other point in the Portland/Vancouver terminal.

Section 4. All miles run in excess of the miles encompassed in a basic day shall be paid for at a rate calculated by dividing the basic daily rate of pay in effect on October 31, 1985, by the number of miles encompassed in a basic day as of that date. Car scale additives will apply to mileage rates calculated in accordance with this position.

Section 5. Normally, Conductors and Brakepersons working or deadheading via freight train in this long pool crew service will not be permitted to stop their train for the purpose of taking a meal but, instead, will be allowed $5.00. However, if a Conductor and/or Brakeperson requests to be permitted to leave their train in order to eat enroute and if they are granted permission to do so, they will not be entitled to the $5.00 allowance. If the meal allowance of $5.00, now provided for in the National Agreement pertaining to expenses away from home is subsequently increased, the amount provided for in this paragraph will be increased to the same extent.

Section 6. (a) When a crew has been called to perform service on an interdivisional run it will be run or deadheaded to the opposite terminal without fail, and there will be no intermediate tie-ups under any circumstances, except extreme emergencies.

(b) Nothing contained in this agreement is intended to prohibit crews in this interdivisional service from being used on trains that only traverse a segment of the territory between Portland/Vancouver and Pasco. Such crews must either work or deadhead to their objective terminal and shall be compensated for deadheading and service under the provisions set forth in Article VI, Section 1(A) of the October 31, 1995 National Agreement. When a crew is called for service and subsequently is required to deadhead (or otherwise performs a combination of deadheading and service during a tour of duty), the crew will receive not less than the actual line miles of the assignment for the tour of duty.

Section 7. (a) Suitable lodging (single occupancy rooms with connecting bath and temperature control where available) will be provided by the Carrier for Conductors and Brakepersons tied up or released at other than their home terminal. Local officers and local chairpersons will agree on suitable lodging and transportation. If rooms are not available when the crew arrives at lodging facility, the crew will be paid on a minute basis at the pro-rata rate paid them for the last service performed for all time in excess of thirty (30) minutes until rooms are available.

(b) Crews in this service or individual members covered by the schedule agreement "Expenses-away-from-home" rules will be allowed fifteen dollars ($15.00) in lieu of lodging at the away-from-home terminal and when such payment is claimed will not be provided lodging at the Carriers expense.

Section 8. Washrooms will be provided at home and away-from-home terminals. Individual lockers (21"x18"x71") will be provided for Conductors and Brakepersons in interdivisional service at the home and the away-from-home terminals. A sufficient quantity of lockers will be provided for extra employees, lockers used by extra employees shall be vacated upon return to the home terminal. The carrier will provide sufficient parking space at the home terminal.

Section 9. Conductors and Brakepersons will only be relieved at their home terminal, except in cases of emergency, i.e. sickness, personal, or family emergency. When conductors or brakepersons are relieved at the away-from-home terminal under such conditions, the vacancy will be filled by blanking the open position and utilizing the next conductor or brakeperson. The position blanked will be marked to the board at the home terminal at the same time as the conductor or brakeperson utilized to fill such vacancy is marked to the board. If such is not possible, vacant positions of Conductor and Brakeperson(s) will be filled by employees standing for extra service from the source of supply at the distant terminal and such employee(s) will be deadheaded to their home terminal as soon as possible after arrival at the opposite terminal.

Section 10. The following provisions will apply to Conductors and Brakepersons working in this service:

Disciplinary hearings or investigations involving Conductors and Brakepersons will be held at their home terminal. If the investigation is held at a location other than the home terminal, Conductors and Brakepersons will be paid for travel time and the time consumed by the investigation on a minute basis at the pro-rata rate of pay which they received for the last previous service performed unless it is established in the investigation that the Conductor or Brakeperson was guilty of a rules violation which results in suspension or discharge. Should a Conductor or Brakeperson lose a full roundtrip as a result of attending such investigation which does not establish a rule violation which results in suspension or discharge he/she will also be compensated the equivalent of the earnings of the Conductor or Brakeperson who relieved him. Should Conductor or Brakeperson be tied up at the location where the investigation is held the provisions of Article II (Expenses-Away-from-Home) of the June 25, 1964 Agreement, as amended, will apply. Transportation to and from investigations held at other than home terminal will be provided by the Carrier. Travel to attend investigations will not be subject to payment under any rules applicable to "deadheading".

Section 11. (a) Conductors and Brakepersons assigned to this long pool crew service will not be used off of their assignment except when there is no other qualified Conductor or Brakeperson available.

(b) A Conductor or Brakeperson assigned in this long pool service who is used in other service, for any reason, shall be paid not less than he/she would have earned had he/she remained on the long pool turn to which assigned.

(c) Long pool crews will not be called and used to perform work, wreck, hours of service relief, or short turn around service, except as provided in (a) and (b) above and will be relieved as soon as the individual(s) entitled to the service become available.

Section 12. (a) The parties understand that whenever crews are required to deadhead on a freight train adequate seating will be provided for all crew members. Crews, when practicable, will deadhead via Carrier owned or provided passenger carrying motor vehicle, taxi, or Amtrac trains.

(b) When two crews are called, one for deadhead and the other for service, and the second out crew lacks sufficient time under the Hours of Service Law to perform the service, the first out crew may be used for the service trip while the second crew deadheads, such use will not alter their respective positions on the board upon arrival at the terminal to which called.

(c) In order to address possible inequity between crews being called to deadhead, a crew which has already performed a terminal to terminal deadhead during the current payroll period will not be called for a subsequent deadhead during the same payroll period if there is another crew which has not performed a terminal to terminal deadhead during the current payroll period. The involved crews will be restored to their relative position upon arrival at their home terminal. It is understood that there will be no runarounds generated as a result of this handling and this agreement does not guarantee that any given crew will not be required to perform more than one terminal to terminal deadhead during any single payroll period.

Section 13. Employees assigned to this intraseniority district freight service who are entitled to take personal leave days pursuant to the provisions of the applicable crew consist agreement will be allowed to compact and be paid for up to five (5) personal leave days commencing at the time the crew is ordered at the home terminal until the turn is next again due to be ordered at the home terminal. This Section does not otherwise change any part of Article 20 of the December 5, 1980 Crew Consist Agreement.

Section 14. Employees in this service will be permitted to advance or delay start of their vacation to the day following service on an intraseniority trip, upon notification to the proper officer at the home terminal.

Section 15. When this interdivisional service is initiated, conductors will not be required to qualify themselves over the territory with which they are not acquainted on their own time. If there is no member of the crew on the train who is acquainted with the territory, a pilot will be provided. If qualification becomes necessary, the Carrier will determine the number of trips a conductor should make to become qualified.

Section 16. Crews in this service or individual members covered by the schedule agreements "Expenses-away-from-home" rules will be allowed one meal allowance after four (4) hours at the away-from-home terminal and another meal allowance after being held an additional eight (8) hours.

Section 17. This agreement neither supersedes nor modifies the provisions of any agreements or schedule rules except as specified and provided for herein.

Section 18. This agreement may be implemented with thirty (30) days written notice to the appropriate General Chairman once all requirements specified herein are in compliance.

Section 19. This agreement shall become effective July 28, 1994, and shall remain in effect until modified or changed in accordance with the provisions of the Railway Labor Act, as amended.

Signed at Vancouver, WA, this 28^th day of July, 1994.

For: For:

United Transportation Union Burlington Northern Railroad Company

General Chairman

Side Letter No. 1

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

Due to the unusual history of service between Portland/Vancouver and Pasco, existing regular assignments already in place, and the desire of both parties to establish quality assignments, the parties agreed that it would be proper to establish some regular interdivisional assignments in through freight service on this territory.

This letter will serve to confirm our understanding that the parties are committed to establishing some assigned service between Portland/ Vancouver and Pasco, and that the local officers for both the Carrier and the United Transportation Union will meet and identify the terms and conditions of such service within ten (10) days of notification that this Agreement has ratified.

In the event the local officers are unable to reach an understanding on how this assigned interdivisional service will be established and operated, we agreed to jointly meet with them in order to assist in the establishment and implementation of some assigned interdivisional service between Portland/Vancouver and Pasco.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 2

July 28, 1994

J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This is to confirm various discussions concerning Section 6(b) of the Agreement dated July 28, 1994, establishing interdivisional service between Portland/Vancouver and Pasco.

This letter will serve to confirm our understanding that when crews in this service are required to change or exchange train enroute, the involved crew will, after changing or exchanging such trains, continue toward the objective terminal for which the crew was originally called.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 3

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

Article VIII - Road Yard and Incidental Work of the October 31, 1985 National Agreement Provided in Section 1(d) that road crews may perform switching within switching limits without payment at time no yard crew is on duty except, on Carriers upon which the provisions of Section 1 of Article V of the June 25, 1964 Agreement are applicable, time consumed in switching under that provision "shall continue to be counted as Switching time".

We discussed the performance of station switching at Wishram, Washington, by the interdivisional service crews operating pursuant to the Agreement made this date and recognize that crews consisting of only a conductor may not perform station switching at Wishram, Washington, under provisions contained in the May 20, 1993 Crew Consist Agreement.

It is understood and agreed that crews consisting of a conductor and a number of brakepersons may perform station switching at Wishram, Washington, and that each crew with seniority established prior to November 1, 1985, will be compensated for the actual time consumed with a minimum of one hour at the appropriate yard service rate.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 4

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

During the negotiations leading to this Agreement, you expressed concern that the Carrier would use these interdivisional crews in local service to the extent that such operation would be impracticable.

This letter will serve to confirm our understanding that the intent of this Agreement is to establish through freight service between Portland/Vancouver and Pasco. Carrier is not waiving it's right to initiate interdivisional local service. If, at a future date, regular local service is desired between Portland/Vancouver and Pasco, such service shall be regular assigned local service and operated apart from the "long pool" under applicable rules for such service.

This understanding has no bearing on through freight service that may convert to local freight under conversion rules.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 5

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

During our negotiations the Organization expressed concern that when several crews have deadheaded during a pay period, the procedures established under Section 12© may produce conditions which would result in following crews becoming susceptible to missing calls to service. It was therefore agreed that the Organization may notify the Carrier in writing that the procedures established under Section 12© are cancelled. Crews thereafter will be called and run in conformity with the rotation established at each terminal as stipulated under Section 2(b) regardless of the number of deadhead trips previously performed.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 6

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

During the process of negotiating this Agreement, the Organization expressed concern over the availability of lockers, washroom facilities, etc., which are required by the Agreement.

This letter will serve to confirm that the Carrier fully intends to comply with all of the elements contained in the Agreement signed this date, including those specifically referenced above, and will not initiate the service until such time as these facilities are available at Pasco, Washington.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 7

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

During the negotiations giving rise to this Agreement, you expressed concern regarding the use of Pasco home terminaled employees to perform this service and the use of Portland/Vancouver home terminaled employees to perform service out of Pasco in other than this interdivisional service.

This letter will serve to confirm that Pasco home terminaled employees will not be used in this interdivisional service unless there are no Portland/Vancouver home terminaled employees at Pasco which can be utilized, i.e., moved up in the pool to handle the work.

It was also understood that Portland/Vancouver home terminaled crews would not be used for other service out of their away-from-home terminal of Pasco, except as provided for in this agreement. Portland/Vancouver long pool crews will not be used out of the away-from-home terminal on assignments headquartered at Pasco or in pool service between Pasco and Spokane.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 8

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

Section 16 provides for payment of an away-from-home terminal meal after the expiration of four (4) hours at the away-from-home terminal and another such allowance after being held an additional eight (8) hours.

During the negotiation of the Agreement you provided a letter dated April 6, 1977, which provides for a third such meal allowance after the expiration of 28 hours. This letter will confirm that this provision, as contained in the April 6, 1977 letter, will apply to this service.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 9

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

During the negotiations it was agreed that trainpersons in this interseniority district service will be given a call to service as nearly as practicable to one hour and thirty minutes in advance of the time to report for transportation.

It is understood that this understanding does not change any position taken by either party concerning what constitutes on-duty time, but is intended to provide additional time to the involved employees with which to secure a meal or otherwise prepare for service prior to being required to report for transportation to the on-duty location.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 10

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

Conductors and brakepersons who reside in Wishram as of the date this Agreement becomes effective, and for a six month period thereafter, when on an assignment or the extra board at Portland/Vancouver will be given a three hour advance call to report for duty or deadheading at Portland/Vancouver. It is recognized that this three hour call will not be practicable in all situations (i.e., when called for wrecker trains, when called as a replacement for another trainman who failed to show for duty or went home early because of sickness) but a good faith attempt will be made to do so as often as is practicable. If it is necessary to bypass an extra board trainman who is a Wishram resident because of the "soon-as-possible" call, he will retain his standing on the board.

All calling at Wishram, for all conductors and brakepersons, will be by telephone (and there shall not be any in-person calls) but also, conductors and brakepersons who are Wishram residents will be provided with toll-free telephone access (number to be determined by the carrier) between Wishram and the caller.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations

Side Letter No. 11

July 28, 1994

Mr. J.D. Fitzgerald

General Chairman UTU

The Academy, Suite 217

400 East Evergreen Blvd.

Vancouver, WA 98660

Dear Mr. Fitzgerald:

This refers to the Agreement signed this date concerning the establishment of interdivisional service between Portland/Vancouver and Pasco.

The parties recognize that there are unique circumstances involved which have had a significant effect on the positions taken during the process of negotiating this Agreement. Therefore, it was understood and agreed that neither party would refer to this Agreement, in any forum, as being representative of acceptable terms and conditions which would be standard to any other existing or proposed interdivisional service.

If the foregoing correctly sets forth our understanding, please sign in the space provided below.

Sincerely, AGREED:

D.J. Kozak J.D. Fitzgerald

Assistant Vice President General Chairman

Labor Relations