MEMORANDUM OF AGREEMENT
between
BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY
and
THE UNITED TRANSPORTATION UNION

Pursuant to the Carrier’s notice dated August 19, 2005 to extend the present switching limits at Portland, OR/Vancouver, WA, in accordance with Article VI of the January 27, 1972 UTU National Agreement, the parties agree to the following conditions:

1. Each yard crew assignment will have a specified on and off duty point within the confines of the consolidated terminal. In the event the on/off duty point of a yard assignment is changed, the assignment will be re-bulletined.

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

(b) Suitable transportation includes Carrier owned or provided passenger-carrying motor vehicles or taxi.

2. The utilization of yard crews to perform Hours of Service Relief and service to customers in road territory will continue to be measured from the switching limits as they existed on August 25, 1978, except by mutual agreement.
    
3. Road service crews will continue to operate in the same manner; however; they will now be able to get or leave their trains at any location within the new limits of the terminal with the additional mileage added to their trip. A CA Code will be developed for the payment of the additional miles run in delivering their train where final yarding occurs
    
4. Trainmen will receive their normal mileage, plus any terminal lite miles for which they qualify.
    
5. This understanding, except as specifically stated herein, will not serve to modify, amend, nor otherwise supersede any applicable schedule rule or agreement.
    
6. This Agreement and the Side Letters will become null and void in the event the new switching limits cited herein are extended as the result of a future notice and/or consolidation.
    
7. This understanding will become effective on April 1, 2006, and will remain in effect subject to cancellation under the provisions of the Railway Labor Act, superseding any provisions of previous agreements to the contrary.

The United Transportation Union: Burlington Northern Santa Fe Railway Company:


/s/R.D. Kerley                                                                     /s/M.H. Siegele, Jr.
General Chairman UTU                                                      AVP Labor Relations                        
                                                                                        


/s/ J.D. Fitzgerald                                                               /s/ R. L. Luther
General Chairman UTU                                                    General Director Labor Relations                        
                                                                                



                                               APPROVED:

                                          ____________________
                                         UTU Vice President

 

Milton H. Siegele Assistant Vice President Labor Relations

BNSF Railway Company 2600 Lou Menk Drive P. O. Box 961030 Fort Worth, Texas 76161-0030 Telephone: (817) 352-1068 Fax: (817) 352-7319 Email: Milton.Siegele@BNSF.com

October 31, 2005


File: Portland/Vancouver                                                             Side Letter No. 1
Extension General Switching Limits
 

Gentlemen:

I am writing in connection with the Carrier’s notice dated August 19, 2005, regarding the extension of the general switching limits at Portland, OR/Vancouver, WA pursuant to the provisions of Article VI of the January 27, 1972 UTU National Agreement.

The Carrier recognizes the UTU will determine equity (if any) for equalization purposes between road and yard crews on these road switcher assignments.

In connection with the extension of the general switching limits at Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP 120.0 at Ridgefield, WA, the parties agreed to establish road switcher service at Portland/Vancouver to operate northward on the Seattle Subdivision utilizing the provisions of the GN Road Switcher Agreement dated May 1, 1998, except as modified herein..


The parties further agreed to the following provisions governing road switcher assignments:

1. The limits of these road switcher assignments will be the consolidated Vancouver/Portland Terminal to MP 93 on the Seattle Subdivision.

2. Road Switcher assignments may operate in any direction within the limits of their territorial boundaries including into and out of the terminal of Portland/Vancouver.


3. In addition to their regular duties, these road switcher movements in the assigned road territory will include hours of service relief, shuttling trains to road territory from any location within the consolidated terminal, shuttling trains from road territory to any location within the consolidated terminal, or yarding trains received in road territory within the consolidated terminal on designated tracks, to include interchange.


4. These road switcher assignments will not be required nor allowed to perform yard service or yard transfer service within the consolidated terminal. However, these road switchers will be allowed to advance solid over the road trains within the limits of the consolidated terminal for outbound staging purposes only, to include over-the-road interchange trains.

5. The Carrier may call extra road switcher assignments on as needed basis due to its operational requirements. Extra road switcher assignments may perform all service outlined above similar to regularly assigned road switcher without penalty.


6. The Carrier may call extra road switcher assignments at any time of the day except from12:01 AM to 5:01 AM. These extra road switchers may perform all service outlined above similar to these regularly assigned road switchers. In the event extra road switchers are called for four (4) consecutive days with the same starting time, a permanent road switcher assignment will be bulletined and assigned to work.

7. The parties agree that relief road switcher assignments with varying start times may be bulletined and assigned. Four (4) day relief assignments may be bulletined; but in the event the assignment goes no bid, it will not be filled by force assignment.


If the foregoing correctly describes our understanding, please signify your concurrence in the space provided below.



Sincerely,
/s/M.H. Siegele, Jr

AGREED:

/s/J. D. Fitzgerald
General Chairman UTU

/s/R. D. Kerley
General Chairman UTU


APPROVED:

____________________
UTU Vice President

Milton H. Siegele Assistant Vice President Labor Relations

BNSF Railway Company 2600 Lou Menk Drive P. O. Box 961030 Fort Worth, Texas 76161-0030 Telephone: (817) 352-1068 Fax: (817) 352-7319 Email: Milton.Siegele@BNSF.com

October 31, 2005



File: Portland/Vancouver                                                         Side Letter No. 2
Extension General Switching Limits

 

Gentlemen:


This refers to the Carrier’s notice dated August 19, 2005, regarding the extension of the general switching limits at Portland, OR/Vancouver, WA pursuant to the provisions of Article VI of the January 27, 1972 UTU National Agreement.

In connection with the extension of the general switching limits at Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP 120.0 at Ridgefield, WA, the parties discussed the current operation of the Longview Local that operates southward toward Portland/Vancouver. Presently this assignment performs switching on the two (2) sidings located at Ridgefield, WA on cars to be handled back north toward Kalama, WA. After the general switching limits are extended to MP 120.0 to include Ridgefield, the parties agreed that the Longview Local will continue to perform this switching service at Ridgefield without penalty to any yard or road crew. It was further agreed that this switching service performed, without penalty, within the general switching limits is confined only to the Longview Local.

If the foregoing correctly describes our understanding, please signify your concurrence in the space provided below.




Sincerely,
/s/M.H. Siegele, Jr

AGREED:

/s/J. D. Fitzgerald
General Chairman UTU

/s/R. D. Kerley
General Chairman UTU


APPROVED:

____________________
UTU Vice President

Milton H. Siegele Assistant Vice President Labor Relations

BNSF Railway Company 2600 Lou Menk Drive P. O. Box 961030 Fort Worth, Texas 76161-0030 Telephone: (817) 352-1068 Fax: (817) 352-7319 Email: Milton.Siegele@BNSF.com

October 31, 2005


File: Portland/Vancouver                                                         Side Letter No. 3
Extension General Switching Limits


 

Gentlemen:

This refers to the Carrier’s notice dated August 19, 2005, regarding the extension of the general switching limits at Portland, OR/Vancouver, WA pursuant to the provisions of Article VI of the January 27, 1972 UTU National Agreement.

In connection with the extension of the general switching limits at Portland/Vancouver eastward to MP 14.8 at McLoughlin, WA and northward to MP 120.0 at Ridgefield, WA, the parties discussed the pending construction of a new grain yard facility to be built near Woodland, WA, just outside the new limits of the Portland/Vancouver Terminal on the Seattle Subdivision. The parties agreed that upon completion of this new grain yard at Woodland, it would be permissible to utilize Portland/Vancouver-Pasco ID crews to operate to and from the grain yard through Portland/Vancouver in order to service this facility. It was further agreed that when these ID crews operate to and from the grain yard at Woodland, they will be allowed actual miles run.


If the foregoing correctly describes our understanding, please signify your concurrence in the space provided below.



Sincerely,
/s/M.H. Siegele, Jr
 

AGREED:

/s/J. D. Fitzgerald
General Chairman UTU

/s/R. D. Kerley
General Chairman UTU


APPROVED:

____________________
UTU Vice President

Milton H. Siegele Assistant Vice President Labor Relations

BNSF Railway Company 2600 Lou Menk Drive P. O. Box 961030 Fort Worth, Texas 76161-0030 Telephone: (817) 352-1068 Fax: (817) 352-7319 Email: Milton.Siegele@BNSF.com

October 31, 2005

File: Portland/Vancouver                                                         Side Letter No. 4

       Extension General Switching Limits

Gentlemen:

This refers to the Carrier’s notice dated August 19, 2005, regarding the extension of  the general switching limits at Portland, OR/Vancouver, WA pursuant to the provisions of Article VI of the January 27, 1972 UTU National Agreement.

The Carrier recognizes the UTU will determine equity (if any) for equalization purposes between road and yard crews on these road switcher assignments.

If the foregoing correctly describes our understanding, please signify your concurrence in the space provided below.

Sincerely,

/s/M.H. Siegele, Jr

 

AGREED:

/s/J. D. Fitzgerald
General Chairman UTU

/s/R. D. Kerley
General Chairman UTU


APPROVED:

____________________
UTU Vice President