Memorandum of Agreement Between

the

United Transportation Union

and

Burlington Northern Santa Fe Railroad

 

 

In order to simplify former SP&S Road Temporary Vacancy Rules, it is agreed the following conditions will apply:

 

Rule 3 1 and 32 of the 1955 SP&S Schedule Governing Pay of Employees in Train Service will be modified to the extent expressed below and Rule 33 of the 1955 SP&S Schedule Governing Pay of Employees in Train Service will be suspended and the following conditions will apply:

 

Temporary Vacancies (TV Rule)

 

(a) When it is definitely known that a regular assignment in any class of service is to be temporarily vacant for a period of seven (7) days or more, or when a regular assignment has been vacant for a period of seven (7) days, a regularly assigned trainman may place to the temporary vacancy, after twelve o’clock (12:00) noon on the seventh (₇th) day of such vacancy.

 

(b) A trainman accepting a temporary vacancy under this rule will fill such vacancy until the regularly assigned man returns to service, when he will return to his regular assignment, except that he may displace a junior trainman filling a temporary vacancy which has existed for more than seven (7) days.

 

The following interpretations will apply in application ofthis rule modification:

 

1)         The first day of a known temporary vacancy is the first day that vacancy is filled by an extra employee.

 

2)            Placement to a Temporary Vacancy can be made regardless of whether the turn is at the away from home terminal, working or at the home terminal. Trainman marking to a TV assignment which is not at the home terminal will be placed on the TV and shown waiting for turn. The trainman placing to the temporary vacancy can do so only when he is at the home terminal, and a trainman can be relieved from the TV only at the home terminal.

 

3)         A trainman must actually hold a regular assignment before he/she can mark to a temporary vacancy under this rule. Brakeman and conductor extra boards are considered regular assignments for this purpose.

 

NOTE:              The only exception to 3) above is as follows:

 

If a person is cut from the extra board, cannot hold a permanent position in road service, and elects to remain in road service, he may displace thejunior trainman who is either regularly assigned or filling a TV Rule vacancy for which such extra board is the source of supply.

 

4)         A trainman marking to a temporary vacancy at another subdivided location must be able to hold a road assignment at the subdivided location of the temporary vacancy.

 

5)         A trainman assigned to pool freight service will not be permitted to exercise seniority onto a temporary vacancy in the same pool.

 

6)         When a senior trainman marks to a temporary vacancy and displaces a junior trainman, he must do so before the turn is first out or six (6) hours prior to the assigned call window/on duty time.

 

7)         An employee exercising to a TV under this rule must displace the junior employee on a TV Rule in a given pool or place to any assignment that is open for temporary vacancy which is not yet filled.

 

8)         A trainman cannot voluntarily relinquish a temporary vacancy he is filling under provisions ofthe this rule.

 

9)         A trainman can make an effective bid on a bulletined vacancy under Rule 26 while filling a temporary vacancy under this TV Rule. If the successful bidder, that trainman must then declare his intention to remain on the TV or take the permanent assignment and relinquish the TV. If he opts to retain the TV, he may not take the permanent assignment until relieved from the TV.

 

10)       A trainman displaced from a permanent assignment while filling a temporary vacancy under this rule must remain on the temporary vacancy until he is relieved in accordance with paragraph (b) hereof

 

Trainman will not be required to exercise seniority under Rule 30 until released from the temporary vacancy.

 

1 1)      Should a trainman be absent from an assignment for any reason and at intervals is marked back on his assignment, but performs no service thereon, such mark up shall not be considered to have broken the continuity of the temporary vacancy.

 

12)       A trainman filling a temporary vacancy under the provisions of this TV Rule will be removed from the temporary vacancy when the regular man reports for work, with the understanding that if the regular man does not actually protect the assignment the next tour of duty, the trainman who has filled the temporary vacancy will be returned to that temporary vacancy if he is rested and available.

 

13)       If a temporary vacancy exists at an outside point and a trainman deadheads to his home terminal after being removed from the temporary vacancy and then deadheads back to the same vacancy in the circumstances described above, no deadhead payment will be generated or made.

 

14)       It is understood that unless the regular man, after reporting for mark up, actually returns to service, the man filling the temporary vacancy is not relieved so as to entitle him to deadhead payment to his home terminal.

 

1 5)           Paragraph (a) hereof does not contemplate that a second temporary vacancy will be created when a trainman lays off while filling a temporary vacancy under this rule.

 

Other schedule rules remain in effect except as expressly modified herein.

 

The above conditions will become effective October 1, 2001 and will remain in effect until or unless canceled by twenty (20) day written notice by either party signatory hereto served upon the other party.

 

 

If the above conditions are canceled by either party, Rules 3 1, 32, and 33, and all interpretations will once again be effective on the effective date of cancellation.

 

 

Signed this _12th___ day of September, 2001_