Whereas the parties to this agreement desire to combine the seniority districts on the former St. Louis-San Francisco Railway Company (Frisco) and the former Fort Worth and Denver Railway Company (FW&D) into a single seniority district to be called the Midwest Seniority District, it is agreed:
1. DEFINITIONS
1.1 For purposes of the agreement, the following terms are defined as follows:
"Assignment" mean positions in both assigned and unassigned road and yard service, including extra boards.
"Trainmen" (or "Trainman") means conductors, brakemen and yardmen.
"Zone" means the seniority district as it existed before the effective date of this agreement
2. SENIORITY ROSTER CREATION AND PRIOR RIGHTS
2.1 Trainmen seniority rosters on the former Frisco and FW&D seniority districts shall be combined to create the new Midwest Seniority District. The combination will be done in seniority order using the earliest trainman’s seniority date (including dates on any road or yard prior rights roster).
2.2 Trainmen on each of the former seniority districts (zones) with a seniority date established on or before June 29, 1995, shall have first preference to assignments on their former districts (zones) thereby retaining "prior rights" to those assignments.
3. SENIORITY RIGHTS AND OBLIGATIONS
3.l Trainmen may use their seniority to acquire assignments (including conductor assignments) outside of their zone, subject to the prior rights of the trainmen in the zone of the desired assignment.
3.2 Trainmen who are unable to hold an assignment in the zone where working may elect to exercise displacement rights to another zone (subject to the prior rights of trainmen working in that zone), or elect reserve status (if qualified), or elect voluntary furlough status on the home zone (except as provided herein for those trainmen with seniority dates established after July 29, 1991).
3.3 Trainmen in reserve status or voluntary furlough status may bid on bulletined assignments anywhere on the Midwest Seniority District, subject to applicable prior rights.
3.4 Trainmen in reserve status or furlough status shall be recalled to service on their home zone under applicable schedule rules.
3.5 Trainmen with a seniority date established after June 29, 1995:
3.5.1 Will establish a single trainman's seniority date on the Midwest Seniority District.
3.5.2 Will be assigned a home zone by the Carrier, unless the trainman has established seniority between June 29, 1995, and the effective date of this agreement. In such an event, the home zone will be the former seniority district where the trainman established seniority as a trainman.
3.6 If any trainman holds seniority on more than one of the preexisting seniority districts, the trainman must declare which preexisting seniority district is desired to be considered as that trainman’s home zone. The declaration of preference shall be made within 30 days of the effective date of this agreement. Failure to make the declaration within the specified time period will give the Carrier the right to assign the trainman a home zone, provided that the assigned home zone is one of the preexisting seniority districts where the trainman had previously established seniority.
Note: Section 3.6 is not intended to apply to those trainmen at Oklahoma City, and Enid, Oklahoma, who possess seniority on more than one seniority district as a result of a previous agreement.
4. FORCE ASSIGNMENT BETWEEN ZONES
4.1 Trainmen with a seniority date established on or before July 29, 1991, will not be forced to any assignment outside of their home zone under any circumstance.
4.2 Furloughed trainmen establishing seniority after July 29, 1991, and on or before June 29, 1995, may be forced to an assignment in another zone only if such force assignment does not require a change in residence, provided that no bids are received for the assignment in the zone where the vacancy exists and that there are no trainmen in the zone of the assignment subject to recall or force assignment under applicable schedule rules.
4.3 Trainmen establishing seniority after June 29, 1995, may be forced to an assignment in another zone under the terms of this agreement.
4.4 Trainmen in active service in any zone shall not be forced to another zone.
4.5 If a force assignment requires a change in residence, the Carrier shall determine whether or not the force assignment is temporary or permanent.
4.6 Permanent Force Assignment
4.6.1 A Notice will be posted for a minimum of 10 days throughout the Midwest seniority district and the senior trainman making application for the force assignment will be allowed to relocate and be assigned, provided such relocation does not require the Carrier to either hire additional trainmen or force assign trainmen from another zone to replace the trainman seeking voluntary force assignment.
4.6.2 If the permanent force assignment cannot be filled under 4.6.1, the junior trainman subject to force assignment at the closest extra board point by highway miles will be assigned.
4.6.3 Trainmen permanently force assigned under 4.6.1 or 4.6.2 will be required to assume the force assignment within eight days of notification of assignment, unless additional time is authorized in the usual manner.
4.6.4 Trainmen force assigned to another zone on a permanent basis under 4.6.1 or 4.6.2 will be entitled to relocation benefits as described in Sections 10 and 11 of the 1936 Washington Job Protection Agreement.
4.7 Temporary Force Assignment
4.7.1 All force assignments that do not require a change in residence will be temporary force assignments.
4.7.2 A Notice will be posted for a minimum of 10 days throughout the Midwest Seniority District and the senior trainman making application for the force assignment will be assigned, provided such assignment does not require the Carrier to force assign trainmen from another zone to replace the trainman seeking voluntary force assignment.
4.7.3 If the assignment cannot be filled under 4.7.2, the junior furloughed trainman subject to force assignment will be temporarily force assigned.
4.7.4 Trainmen temporarily force assigned will be paid a daily lodging and expense allowance of $80.00 from the time the trainman leaves the home zone until the trainman is released from the temporary vacancy or the vacancy is advertised and assigned as a permanent force assignment as described in Section 4.6 above. The Carrier may elect to provide suitable lodging to the temporarily force assigned trainman and, when such suitable lodging is provided by the Carrier, the daily expense allowance will be reduced to $40.00.
Note: This Section will not apply to a trainman temporarily forced to a zone where the source of supply is 30 miles or less from the source of supply where the trainman is currently working or furloughed on the home zone.
4.7.5 If the temporary force assignment continues for more than 60 days and the Carrier has not placed people in the Conductor Training Program in that zone, the temporarily force assigned employee will receive a weekly payment of $750.00 until released from the temporary force assignment or until the assignment is bulletined and assigned as a permanent force assignment. If the Carrier has placed people in the Conductor Training Program in the zone, the weekly payment due the trainman will be reduced to $500.00. These weekly payments will be in addition to all other earnings or payments made to the trainman.
Note: The Carrier shall not abolish a temporary force assignment and reestablish another temporary force assignment on the same zone for the purpose of avoiding the 60 day period, and associated increased payment, contemplated by this section.
September 15, 1998
Mr. R. A. Boldra
Director Labor Relations
Burlington Northern Santa Fe
PO Box 961030
Fort Worth TX 76161-0030
Re: Temporary Transfer Procedures
Dear Mr. Boldra:
Reference our discussions regarding the need to establish consistent procedures for the posting and awarding of temporary transfers under the provisions of the December 15, 1995 Midwest Seniority District Agreement and the July 12, 1996 System Transfer Agreement.
During our discussions we recognized that because of events such as the BNSF merger, the various seniority consolidations, and the similar but not identical Agreements and/or practices governing temporary transfers throughout the system; there are now some territories that are not party to the System Transfer Agreement, but now have shared seniority with the employees on the Midwest Seniority District. At the same time, there are some territories subject to the System Transfer Agreement that do not share common Midwest District seniority. The following is intended to clarify our understandings regarding 1) where temporary transfer opportunities must be posted, 2) the terms and benefits applicable to those transfers, and 3) the establishment and exercising of seniority on the territory transferred to.
First, we agree that opportunities for temporary transfers under either 4.7 of the Midwest Seniority District Agreement or 4.1 of the System Transfer Agreement need only be posted on those seniority districts with furloughed, reserve board or voluntary surplus employees. While the language of the Midwest Seniority District Agreement is somewhat ambiguous in this regard, the System Transfer Agreement is clear, and this reasonable application should be applied to postings under both agreements for the sake of consistency. Furthermore, on zones within the Former Frisco territory which have more than one source of supply, these opportunities need only be posted at the source of supply point(s) where there are furloughed, reserve board or voluntary surplus employees.
Second, we agree that the terms and conditions (including monetary benefits) of the System Transfer Agreement should be applied to all temporary transfers. Again, this provides consistency and does not diminish the overall compensation provided in either agreement. It is understood that this does not diminish the Carrier's right under Sections 4.2 and 4.3 of the Midwest Seniority District Agreement as it applies to force assignments between zones in that Midwest Seniority District territory.
Third, we agree that any question regarding the establishing or exercising of seniority on the district transferred to must be determined by the collective bargaining agreement in place at that (destination) location. In other words, only the General Committee having jurisdiction at the location where the employee is transferred has the authority to determine these seniority questions for the time the employee is in temporary transfer status.
We also agreed that employees who were on temporary transfer positions under either agreement on or after September 1, 1998, will (beginning September 1, 1998) be compensated as if their temporary transfer had originally been accomplished under the principles set forth herein. These understandings have no retroactive application prior to September 1, 1998. Temporarily transferred employees already receiving greater compensation than that provided under these principles will not have their current benefits reduced as a result of this understanding.
If the above correctly recites our understanding, please sign below and return one copy of this letter for my records.
Sincerely, ACCEPTED:
R. D. Kerley (for) R. A. Boldra
C. M. Vahldick Director Labor Relations
General Chairman
RK Date: September 30, 1998
5. SAVINGS CLAUSE
5.1 The expanded seniority acquired by trainmen under this agreement will not serve to diminish or enlarge upon any guarantee, protection, or any other benefit flowing from any other agreement in effect between the parties, nor to change the obligations or responsibilities of any trainman under such agreement.
5.2 Provisions contained in existing agreements will be applied in the same manner as if this agreement were not in effect, except that there shall be no duplication or pyramiding of benefits under more than one agreement, This restriction against "duplicating or pyramiding" means that a trainman who may be eligible for employee protective benefits under more than one agreement must select the benefits available under any one agreement at any one time, and shall not simultaneously receive benefits under more than one agreement.
5.3 The parties recognize and agree that this agreement does not constitute a Merger or Common Control Implementing Agreement, and it will not be referred to nor prejudice either party's position in negotiations regarding implementing agreements in connection with the status of the BN-ATSF.
5.4 In the event employee protective benefits flow from the merger or common control of BN-ATSF:
5.4.1 Any trainman who remains in active service on any assignment and who is receiving protective benefits as a result of an event contemplated by this Section, no offsets shall be made against such protective benefits for failure to exercise seniority to a higher paying assignment that would not have been available to the trainman prior to the effective date of this agreement
5.4.2 The availability or application of any protective benefits as a result of an event contemplated by this Section will not prevent any qualified employee from receiving reserve board pay as provided in Section 3.2 of this agreement, but there shall be no duplication or pyramiding of such benefits.
For The Burlington Northern Railroad Company:
Daniel J. Kozak
Assistant Vice President Labor Relations
Gene L. Shire
Director Labor Relations
For The United Transportation Union:
C. M. Vahldick
General Chairman (former Frisco)
A. D. Peper
Associate General Chairman (former FW&D)
A. M. Lankford
Vice President
Side Letter No.1
Mr C.M. Vahldick
General Chairman UTU
227 East Sunshine
Suite 101
Springfield, MO. 65807
Mr A.D. Pepper
Associate General Chairman UTU
P.O Box 573
Wichita Falls, TX 76307
Gentlemen:
In connection with agreement signed this date providing for the consolidation of the seniority districts on the former Frisco and FW&D railroads into the Midwest Seniority District, this letter will serve to confirm that the Carrier is committed to cooperate with the Organization to correct existing seniority rosters before they are combined to create the Midwest Seniority District roster
Sincerely,
Daniel J. Kozak
Assistant Vice President Labor Relations
ACCEPTED:
C. M. Vahldick
General Chairman (former Frisco)
A. D. Pepper
Associate General Chairman (former FW&D)
December 3, 1996
Local Chairmen
United Transportation Union
Burlington Northern Santa Fe (Former Frisco and FWD)
Dear Sirs and Brothers:
Attached please find copy of Letter of Understanding dated November 19, 1996, addressing what the Carrier perceived as a loophole in the Midwest Seniority District Agreement regarding temporary force assignments.
The letter is self-explanatory. Please advise if you have any questions in this regard.
Fraternally,
C. M. Vahldick
General Chairman
CMV/cp
cc: Associate General ChairmenNovember 19, 1996
Mr. M. H. Siegele, Jr.
Director Labor Relations
Burlington Northern Railroad
3000 Continental Plaza
177 Main Street
Fort Worth, TX 76102
Midwest Seniority District Agreement - Temporary Force Assignments
Dear Mr Siegele:
During a recent conversation regarding the Midwest Seniority District Agreement, you expressed concern that employees who are in active service and working in a particular Zone when a noticc is posted offering temporary force assignment to that Zone under Section 4.7 of that Agreement could potentially bid or bump away from that Zone and then immediately bid or bump onto temporary force assignment in the Zone they had just left.
I concur that this was not the intent of the Agreement. It may very well be that an employee could move from one Zone to another and then later bid back on a temporary force assignment (in a Zone where he had previously worked) which advertized after he left that Zone. The Agreement does not prohibit this, and the posting of a temporary force assignment does not restrict the expanded work opportunities made available in the new Midwest Seniority district.
I agree that once a temporary force assignment is advertized on a Zone, employees working in that Zone at the time may not thereafter become assigned to a temporary force assignment in that Zone for the duration of that particular manpower shortage This will not prohibit an employee in these circumstances from exercising his seniority to any assignment in that Zone, he simply will not be given temporary force assignment status or compensation. This should address your concern about any potential misuse of Article 4.7
If the above correctly recites our understanding, please sign one copy of this letter in the space provided below, and return for our files.
Sincerely
C. M. Vahldick
General Chairman
AGREED:
M. H. Siegele, Jr
Director Labor Relations
N. L. Markos
Manager Labor Relations
January 7, 1999
Mr. C. M. Vahldick
General Chairman-UTU
227 East Sunshine, Suite 101
Springfield, Missouri 65807
Re: Furloughed Employees Displacement Rights on SLSF and FWD Territories
Dear Mr. Vahldick:
This is to confirm our recent discussions regarding the above captioned subject matter, and the understanding reached in conference.
Since the implementation of the Midwest District Agreement there have been occasions when employees in one Zone have become furloughed and have either been unaware of work opportunities on other Zones or have simply chosen to not exercise seniority to another Zone. Section 3.3 of the Midwest Agreement permits furloughed employees to bid for bulletined assignments anywhere on the Midwest Seniority District, but it was never our intent that this rule would prohibit furloughed employees from returning to active service.
We have agreed that effective January 7, 1999, a furloughed Trainman may return to active service by giving five days advance notice in writing to the crew caller. Upon return to service, the furloughed employee will be allowed to exercise senioriy in accordance with applicable agreements at any location where there are junior employees actively working.
If, after submitting a request to return to active service, an employee fails to exercise seniority to an available position at the expiration of the 5-day notice, he will remain in furloughed status and will not be permitted to again request return to active service under this procedure for a period of ninety days. This will not preclude the employee from bidding on a bulletined position under Section 3.3, or otherwise exercising their seniority under existing Agreement rules.
If the above correctly recites our understanding, please affix your signature below.
Sincerely,
Milton H. Siegele, Jr.
Carl Vahldick(sig)
UTU General Chairman