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ofS. ,1.,9-03 MEMORANDUM OF AGREEMENT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND BROTHERHOOD OF LOCOMOTIVE ENGINEERS The Northwest Division of The Burlington Northern and Santa Fe Railway will establish two (2) temporary assignments (one regular and one reliet) in commuter passenger service in conjunction with Central Puget Sound Regional Transit Authority. The Carrier and the Organization agree to the following conditions and.rates of pay to apply to this temporary service as follows: I. The Engineer's Rate of Pay of$252.36 per day will apply to this service. Any layoff during the work week will result in a reduction of $252.36 per occurrence. This amount will be adjusted in accordance with subsequent general wage increases. Certification Pay and Special Pay Differential (SPD) will be paid in addition to the $252.36 daily rate. An engineer training another engineer will be paid 1.1 times the regular basic daily passenger rate of pay. 2. These assignments will work five (5) days per week, generally Monday through Friday with Saturday arid Sunday rest days. However, possible alternative rest days can be assigued to the employee upon seven (7) day prior notification. 3. These assignments will be headquartered at Everett and operate to Seattle and return as directed by the Superintendent Commuter Operations on a daily basis. Assigned crews may train under the provisions of this agreement and may be required to train on all territory between Everett and Tacoma. 4. Overtime and Holiday pay rules will not apply to this service. 5. These assignments will have a nine (9) month tie down period at its conception unless the service is no longer needed; and if the service is deemed completed, then the employee assigned thereto will ·be allowed a full exercise of his seniority in accordance with the prevailing schedule rules. 6.· The engineer assigued to this temporary position can not leave this passenger service until a replacement has been fully trained on the commuter operation. 7. Uniforms will be provided to all crew members, who will be responsible for their appearance and upkeep. Proper footwear will be required as part of the uniform requirements. 8. Passenger crews will deploy and assist passengers, open and close doors on all cars .prior to departure from each station. All employees, train or engine, in this passenger ble.43
Transcript
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ofS. ,1.,9-03

MEMORANDUMOF AGREEMENT

BETWEEN

THE BURLINGTON NORTHERN AND SANTA FE RAILWAYCOMPANY

ANDBROTHERHOOD OF LOCOMOTIVE ENGINEERS

The Northwest Division ofThe Burlington Northern and Santa Fe Railway will establish two (2)temporary assignments (one regular and one reliet) in commuter passenger service in conjunction withCentral Puget Sound Regional Transit Authority. The Carrier and the Organization agree to the followingconditions and.rates of pay to apply to this temporary service as follows:

I. The Engineer's Rate of Pay of$252.36 per day will apply to this service. Any layoffduring the work week will result in a reduction of $252.36 per occurrence. Thisamount will be adjusted in accordance with subsequent general wage increases.Certification Pay and Special Pay Differential (SPD) will be paid in addition to the$252.36 daily rate. An engineer training another engineer will be paid 1.1 times theregular basic daily passenger rate ofpay.

2. These assignments will work five (5) days per week, generally Monday throughFriday with Saturday arid Sunday rest days. However, possible alternative rest dayscan be assigued to the employee upon seven (7) day prior notification.

3. These assignments will be headquartered at Everett and operate to Seattle and returnas directed by the Superintendent Commuter Operations on a daily basis. Assignedcrews may train under the provisions of this agreement and may be required to trainon all territory between Everett and Tacoma.

4. Overtime and Holiday pay rules will not apply to this service.

5. These assignments will have a nine (9) month tie down period at its conceptionunless the service is no longer needed; and if the service is deemed completed, thenthe employee assigned thereto will ·be allowed a full exercise of his seniority inaccordance with the prevailing schedule rules.

6.· The engineer assigued to this temporary position can not leave this passenger serviceuntil a replacement has been fully trained on the commuter operation.

7. Uniforms will be provided to all crew members, who will be responsible for theirappearance and upkeep. Proper footwear will be required as part of the uniformrequirements.

8. Passenger crews will deploy and assist passengers, open and close doors on all cars.prior to departure from each station. All employees, train or engine, in this passenger

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service shall perfonn all duties required in connection with this passenger operationand will obey all rules applicable thereto.

9. Employees may in addition to the above perfonn the following work in connectionwith their assigmnent without additional compensation:

a) Handle any switches;b) Move, tum, spot, and supply cars and locomotives;c) Inspect all equipment plus remove debris from coaches;d) Start or shutdown locomotives or other equipment;e) Bleed cars;f) Make walking test ofall equipment;g) Remove and/or place rear-end device on equipment;h) Prepare required reports while on dnty;i) Operate any communication devices to include copying train orders, clearances,

or other messages.

10. Vacation, personal leave days, arid layoffs will be coordinated through theSuperintendent Commnter Operations in accordance with Sound Transit's workschedule.

II. Employees assigned to this commuter passenger service will be provided secureparking for their personal automobiles, at no expense, in the vicinity of their on- andoff-duty points.

12. Except as specifically provided herein, nothing contained herein shall be construed asmodifYing, amending or superseding any of the provisions of schedule agreementsbetween BLE or this Carrier, and the Merger Protection Agreements as implementedbetween this Carrier and the BLE.

13. This agreement will be automatically cancelled when the pennanent operation ofcommuter passenger service in this corridor is established. When this occurs, theCarrier will provide written notification to the BLE at that time.

Signed at Fort Worth, Texas, this _-"c.;:D:.-1k__ day of_....P<.:c"'C."'€"'tl1"-'-'!6"'£.'--;(=--_ 2003.

General Chainnan BLE

bl.A3

d;jl' JAVP Labor atiOlls

anager Northwest Division

ndent Commuter Operations

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Side Letter No. I

Mr. D. R. Pierce, General ChainnanBrotherhood ofLocomotive Engineers801 Cherry Street, Suite 1010Fort Worth, TX 76102

Dear Mr. Pierce:

Reference to the duties and responsibilities required by Central Puget Sound Transit Authority.Listed below is a listing of those duties and responsibilities:

I. Report for duty in proper uuifonn (if applicable) as scheduled.

2. Inspect exterior, brake system, cables, or connections, lights, doors, destinationsigns, public address system, restrooms and report problems and defects on theappropriate fonns.

3. Perfonn brake and other required tests.

4. Start or regulate air conditioning or heat.

S. On assignments where equipment is scheduled to make a subsequent revenue tripbefore being cleaned and serviced, crews will pick up newspapers and all litterwhich may be picked up by hand and will change destination signs as necessary.

6. Move and spot train at platfonns for boarding.

7. Engineers.shall make required announcements as specified by Central Puget SoundTransit Authority, and as appropriate to circumstances, including concerning safety,delays, unusual conditions and shall answer passenger questions in a courteous andinfonnative manner.

8. Crew members will perfonn passenger counts as required by Central Puget SoundTransit Authority, including those required to satisfY federal, state or loading orreporting requirements.

9. Crew members will enforce Central Puget Sound Transit Authority policies such asno smoking, noise, passenger behavior, bicycles, baggage, etc.

Handling of disorderly passengers will be in accordance with policy agreed upon bySound Transit and BNSF.

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10. Engineers will observe passenger loading in concert with the Conductors and willoperate doors upon signal by Conductor for departure.

11. Crew members will report en route mechanical or electrical problems in a mannerspecified: by radio, telephone or orally to expedite repair arrangements as well asin writing on specified report and/or form.

12. Train crews shall walk through and inspect train to determine that: all passengershave detrained, mechanical and toilet problems have been identified, lost personalitems are collected and doors are secured.

13. Passenger crews will position trains in train yards, secure the train and apply powerif required.

14. Passenger crews will prepare trains for departure from train yards, includingremoval of standby power, if required.

15. Trains shall be operated in an expeditious manner, consist'1nt with applicableoperating roles, special or other instructions and employee timetable.

16. Trains shall not depart any station prior to the departure time published for thestation in public timetables.

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oPesMEMORANDUM OF AGREEMENT

BETWEEN

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

The Pacific Division of the Burlington Northern Santa Fe Railway will establishcommuter rail service under contract with the Central Puget Sound Regional Transit Authoritybetween Tacoma and Seattle, Washington, with possible expansion to Lakewood and Everett,Washington. The Carrier and the Organization agree to the following rates ofpay and conditionsto apply to this new service as follows:

It is agreed:

1. Under this present arrangement, the commuter passenger engine crew willconsist ofone (1) engineer.

2. (a) Commuter passenger service crews operating between Tacoma andSeattle will be home terminaled at Tacoma.

Tacoma andlor Seattle will be the turnaround and layover points,dependent upon the specific crew assignment and scheduling.

(b) When commuter passenger service is expanded to encompass theterritory between Lakewood and Everett, commuter passenger crewsmay be home terminaled at Lakewood andlor Everett.

(c) Commuter passenger crews may be assigned to operate in shortturnaround service, traversing the entire, or segments, of this territorywith layover and turnaround points to be designated by the Carrier foreach crew assignment.

(d) Automatic release rules will not apply to commuter passenger crews.

3. To establish commuter passenger assignments, BNSF will issue a bulletinfor one (I) Engineer which will contain the following information:

(l) The train number or designation.(2) The home terminal of assignment and layover point.(3) The days of the week service is to be performed.(4) The rest day(s) ofthe assignment.

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(5) The on-duty time ofthe assignment.(6) The date assignment will be established.(7) The territorial limits ofoperation identifying:

a) Direction and line segmentb) Turnaround pointc) Train schedule

4. Commuter passenger assignments may be established to perform dailyservice on five or six days during a calendar week. On five-dayassignments, the rest days will be consecutive. The on and off-duty pointfor these assignments will be at the same point and location for each dayoperated.

5. Relief engineer assignments will be established in addition to the regularassigned positions established. Relief positions may be increased ordecreased on an as needed basis based on the projected number of vacancydays due to layoffs, vacation and personal leave days.

When extra service is required by Sound Transit, BNSF will notify thejunior relief engineer ten (10) days in advance wherein his work week andrest days will be altered in order to protect the additional service at thestraight time rate of pay. If a regular assigned engineer is used on hisassigned rest day to protect extra passenger service, he will be paid at thepunitive rate of pay. If additional passenger service is required on the sixthor seventh day of the assignment and a buildup relief freight crew is used,then that crew will be paid at straight time rate ofpay.

Employees desiring to work extra passenger service will make application tothe appropriate Carrier Officer to have their name placed, on the ExtraPassenger Working List. When an extra passenger engineer is needed, theCarrier will call employees from this lisst on a first-in/first-out basis. TheCarrier will determine the number of employees necessary to staff the ExtraPassenger Working List. If an employee refuses to accept extra passengerservice when called, the employee's name will be removed from the list andthe employee will be restricted from the list for a period ofthirty (30) days.

6. All positions, regular and relief assignments, will report for work on each·work day. The relief assignments will fill any vacancy on a regularassignment that may occur due to layoff, vacation, or personal leave day. Ifno vacancies occur on the regular assignments, then the relief assignment(s)will work on the last assignment(s) departing the initial terminal that day inaddition to the regular assigned engineer(s).

7. All assignments, regular and relief, will have a one (l) year tie down periodat the beginning of each new fiscal year commencing with October 1 as thestart of a new one (1) year period. At the expiration of the one-year period,

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an engineer may exercise seniority to another class of service subject to theterms and conditions of the schedule agreement.

An engineer assigned a position in commuter passenger service under thisagreement will hold the position for the period assigned provided theposition is maintained during that period and will be immune fromdisplacement under the seniority rules while occupying such positionprovided such engineer has sufficient seniority to remain in this commuterpassenger service on a regular or relief assigmnent. Employees in anotherclass of service cannot enter into this commuter passenger service untilOctober 1 of new tie down period or unless they are unable to hold aposition on their entire seniority district.

Bids for each new one (1) year tie down period will end in August in orderfor new employees to the service to receive up to thirty (30) days training.Employees with prior experience in this commuter passenger service willreceive training as deemed appropriate by the Carrier, if necessary. Whenengineers are being trained, they will be paid at the appropriate Engineers'Extra Board Guaranteed Daily Rate of Pay for each day in the trainingperiod. An engineer training another engineer in this service will be paid 1.1times the regular passenger rate ofpay.

Employees will be permitted to return to BNSF's freight service (road oryard) prior to the expiration of the one (1) year tie down only upon thecondition of a hardship case, (Le., a serious illness of a family member) ordue to the employees' failure to discharge their duties in a manner whichreflects a positive image to the Central Puget Sound Regional TransitAuthority. Such cases will be handled locally by the SuperintendentCommuter Operations and the respective Local Chairman. If the issue cannot be resolved at this level, then it will be referred to Labor Relations andthe respective General Chairman for disposition.

Engineers in this service may change assigmnents within the group everysixty (60) days via an internal bid process.

8. Uniforms will be provided to all crew members, who will be responsible fortheir appearance and upkeep. Proper footwear will be required as part of theuniform requirements in accordance with the provisions of BN-BLEMemorandum ofAgreement dated November 5,1981, Opso 63-81.

90 Passenger crews will deploy and assist passengers, open and close doors onall cars prior to departure from each station. All employees, train or engine,in this passenger service shall perform their respective duties as required inconnection with this passenger operation and will obey all rules applicablethereto.

10. Engineers may in addition to the above perform additional work inconnection with their assigmnnent without additional compensation as

3

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· provided in Article VIII, Section 3 of the May 19, 1986 BLE ArbitrationAward No. 458.

Article XVII, Section 2(b) of the May 19, 1986 BLE Arbitration Award No.458 will not apply to this passenger service.

11. Rates of pay contained in the fonner Northern Pacific Engineers ScheduleAgreement will apply to this service.

12. Passenger engineers will be paid the Special Pay Differential rate of $25.96,modified herein for this service only, as provided in Article XV of the JuneI, 1996 BN/BLE Agreement for each working trip or tour of duty. Theywill, also, be entitled to the $5.00 certification allowance per ArbitrationBoard No. 564 dated March 12, 1997 for each working trip or tour ofduty.

13. Employees assigned to this commuter passenger service will becompensated for paid holidays which are observed by Central Puget SoundTransit Authority. They will also be allowed to take personal leave days asprovided in the May 31,1996 BLE Core National Agreement; however, the-number of personal leave days that each engineer -is entitled to shall bereduced by the number of paid holidays (or pay in lieu thereof) received bythe employee from any source throughout the year.

Vacations will be assigned in seniority order with the selection of vacationperiods to be made only amongst engineers in this commuter passengerservice.

14. Employees assigned to this commuter passenger service will be providedsecure parking for their personal automobiles, at no expense, in the vicinityoftheir on- and off-duty points.

Individual lockers and adequate washroom facilities will be provided at thehome tenninal and the respective layover point for each engineer assigned tothis service.

Employees tied up at the layover point for four (4) or more hours will beprovided lodging as defined in BN Labor Agreement 8/1/80-0PS-30-80..When lodging is more than % of a mile from the off-duty point, .transportation will be provided in both directions. If employees are tied upat the layover point for less than four (4) hours, lodging will not be required;however, a ready room will be provided by the Carrier for the employees.

15. Except as specifically provided herein, nothing contained herein shall beconstrued as modifying,. amending or superseding any of the provisions ofschedule agreements between BLE or this Carrier, and the MergerProtection Agreements as implemented between this Carrier and the BLE.

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t:fJhf_ r:;:-;Signed at Fort Worth, Texas, this --t?Z...:..;..<-__ __ day

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General Director Labor Relations

Sc.sDivision uperintendent, Pacific Div.

Superintendent Commuter Operations

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Side Letter No. 1

M. W. GeigerGeneral Chairman, BLE500 Throckmorton, Suite 1820Fort Worth, Texas 76102

Dear Mr. Geiger:

Reference to paragraphs 9 and 10 of the Commuter Rail Service Agreement regarding the dutiesand responsibilities required by Central Puget Sound Transit Authority. Listed below is a listingof those duties and responsibilities:

1. Report for duty in proper uniform (if applicable) as scheduled.

2. Perform head-end brake and other required tests.

3. Start or regulate air conditioning or heat.

4. On assigrnnents where equipment is scheduled to make a subsequent revenue tripbefore being cleaned and serviced, crews will pick up newspapers and all litterwhich may be picked up by hand and will change destination signs as necessary.

5. Move and spot train at platforms for boarding.

6. Engineers can make required armouncements if necessary, as specified by CentralPuget Sound Transit Authority, and as appropriate to circumstances, includingconcerning safety, delays, unusual conditions and shall answer passenger questionsin a courteous and informative marmer.

7. Crew members will enforce Central Puget Sound Transit Authority policies such asno smoking, noise, passenger behavior, bicycles, baggage, etc.

Handling of disorderly passengers will be in accordance with policy agreed upon bySourid Transit and BNSF.

8. Engineers will observe passenger loading in concert with the Conductors and willoperate doors upon signal by Conductor for departure.

9. Crew members will report en route mechanical or electrical problems in a marmerspecified: by radio, telephone or orally to expedite repair arrangements as well asin writing on specified report and/or form.

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10. Passenger crews will position trains in train yards, secure the train and apply powerifrequired.

11. Passenger crews will prepare trains for departure from train yards, includingremoval of standby power, if required.

12. Trains shall be operated in an expeditious manner, consistent with applicableoperating rules, special or other instructions and employee timetable.

13. Trains shall not depart any station prior to the departure time published for thestation in public timetables.

7

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Side Letter No.2

M. W. GeigerGeneral Chairman, BLE500 Throckmorton, Suite 1820Fort Worth, Texas 76102

Dear Mr. Geiger:

Due to the delay in the "Sounder" commuter rail passenger service achieving a full operatingschedule, the parties have agreed to the following provision:

Until such time as the Sounder crews commence regularlyscheduled multiple round trips (2 or more) within a tour of duty,they will be allowed a payment of $7.50 in lieu of meal andlaundry allowances. This payment will be reduced to $1.50(laundry allowance) when multiple round trips (2 or more) within atour ofduty commence in this passenger service.

Very truly yours,

R. 1. LutherGeneral Director Labor Relations

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AGREED:

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bfs. 4Z • lJ $'

June 15, 2005

Side Letter #3

D. R. PierceGeneral Chairman BLET801 Cherry Street, Suite 1010Ft. Worth, TX 76102

Dear Mr. Pierce:

Reference to Side Letter No. 2 in the "Sounder" commuter rail passenger service agreementgoverning the laundry allowance for Sounder crews, the parties agree to modify the laundryallowance amount as follows:

"To more accurately reflect the actual daily cost of maintaining a professionallylaundered and pressed uniform, the daily allowance shall be increased to $3.00.Engineers will be expected to maintain and wear the prescribed uniform asdefined in the Sounder Service Manual to assure that BNSF employees areprofessionally dressed and recognizable to the general public. This payment shallbe retroactive to April 1,2004."

Very truly yours,

R. L. LutherGeneral DirectorLabor Relations

Agreed:

QellGeneral Chairman BLET

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June 15,2005

Side Letter #4

D. R. PierceGeneral Chairman BLET801 Cherry Street, Suite 1010Ft. Worth, TX 76102

Dear Mr. Pierce:

Reference to Item #14 in the "Sounder" commuter rail passenger service agreement governingthe payment for transportation/lodging allowance for Sounder crews, the parties agree to modifythe agreement as follows:

"Until such time that Souder crews commence regularly scheduled multiple roundtrips (2 or more) within a tour of duty, they will be allowed a payment of $4.00' inlieu of using the provided lodging facility in Seattle. The transportation/lodgingallowance will cover the costs associated with operating an employee's personalvehicle between work and home to receive proper rest during the midday respiteperiod. This payment will be retroactive to May 1, 2004."

Very truly yours,

(Ji'J;J;L..R. 1. LutherGeneral DirectorLabor Relations

Agreed:

General Chairman BLET

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DfS. 44 - D'S

June 15,2005

Side Letter #5

D. R. PierceGeneral Chairman BLET801 Cherry Street, Suite 1010Ft. Worth, TX 76102

Dear Mr. Pierce:

Reference to Item #6 in the "Sounder" commuter rail passenger service agreement governing theutilization of a relief engineer by requiring the relief employee to work the last assignmentdeparting the initial tenninal when there are no vacancies, the parties agree to modify theagreement to read as follows:

"When there are no vacancies to fill, the relief engineer shall work with one of theregular assignments to assist the regular employees and to remain familiarizedwith each assignment. During a week when there are no vacancies, the reliefengineer shall work varying assiguments, splitting time equally with eachassigmnent and assisting each engineer as specified in the Sounder ServiceManual

In certain situations, due to training efforts, special projects, or emergencies, therelief engineer may occasionally work with the regular assignments or fillvacancies at other than his/her home tenninal (Tacoma/Lakewood crews inEverett or Everett crews in Tacoma/Lakewood.

For these infrequent, but necessary situations, the relief engineer must be notifiedof his/her assignment no later than the previous day. The relief engineer will beplaced on duty at his/her nonnal home tenninal two (2) hours prior to the starttime of the assigmnent and will be transported or paid mileage (MR) to theopposite tenninal. The relief engineer will also be entitled to two (2) hourstransport time back his/her home tenninal after completing his/her tour of duty.In cases where the assignment is more than one day, lodging will be provided atthe opposite tenninal.

The provision to use a relief engineer at other than his/her home tenninal is to beused only on an exceptional basis and is intended to protect emergency situations;thereby, enhancing the quality and safety of this passenger service.

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Examples of situations whereby a relief engineer could be utilized at other thanhis/her home terminal:

• To assist with training programs• To become familiarized with the entire Sounder commuter

territory to prepare for future assignments which traverseTacoma to Everett

• To assist with special projects• To fill vacancies on an emergency basis• To remain territory qualified for emergency evacuation of

Seattle in the event of terrorist activity• Emergency service due to severe weather and/or landslide

sitnations• Disabled train assistance

Very trnly yours, Agreed:

alJ:JL- OuR. L. Luther General Chairman BLETGeneral DirectorLabor Relations

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RAILWAY

October 27,2008

Mr. M.O. WilsonGeneral Chairman BLET801 Cherry StreetSuite 1010Fort Worth, TX 76102

Dear Mr. Wilson:

JASON RINGSTADGeneral DirectorLabor Relations

BNSF Railway Company2600 Lou Menk DriveP.O. Box 961030Fort Worth, TX 76161-0030

Telephone 817-352-1064Fax 817-352-7482Email [email protected]

This is in reference to our meeting on August 25, 2008 wherein we discussed application ofArticle 11 of the June 26, 2007 BLET/BNSF on Property Agreement to Sounder Service inSeattle, Everett and Tacoma.

In conference, it was understood that single day vacancies and vacancies of 7 days or lesswould be filled as follows.

Tacoma and Everett will be shown as separate stations in the crew calling computer system,currently TSS. Each station will have its own layoff allocation. Layoffs will continue to behandled in the current manner; however, if/when software becomes available, employees will beexpected to manage their layoffs with Crew Support (e.g., VRU, logon electronically, etc.).BNSF shall maintain a sufficient number of engineers to permit reasonable layoff privileges.

Single day lay offs will be filled by the appropriate relief engineer. The relief engineer need notbe called prior to reporting, but will be moved to the vacant position electronically andoutbounded as the working engineer. Where there are mUltiple relief assignments, the first onduty relief job will be used in this manner to protect vacancies on the earliest regular Sounderassignment. The second on duty relief job will be used in this manner to protect vacancies onthe subsequent regular Sounder assignments. This will not prevent any relief job from beingheld to protect vacancies on any Sounder assignment when need be. This does not modify theCarrier's right to determine the number of relief jobs that are necessary.

If no relief engineer is available, the first out available engineer on the commuter emergencyextra list at the station of the vacancy will be called to fill the vacancy and these engineers willbe made whole based on the difference in earnings between their regular assignment and theSounder assignment.

If no emergency extra list engineers are available at the station of the vacancy, a relief engineerfrom another station may be called on an emergency basis only to protect the vacancy for oneday. Transportation to and from the other station will be provided upon request, MR mileage willbe allowed if personal auto is used. Thereafter, the junior demoted engineer will be used to

- 1 -

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protect commuter service. If the commuter extra list engineer for Sounder Service refuses thecall, that engineer will be placed to the bottom of the extra list (modified Section 5 of theFebruary 8, 2001 Agreement).

It was further understood that application of Section S of Article 11 of the 2007 on PropertyAgreement requiring all vacancies of 7 days or more to be filled as permanent vacancies willcontinue to be suspended for all assignments in Sounder Service. Instead, Sounder engineersholding regular assignments will be marked off "vacation" when taking a vacation of 7 days ormore. The resulting Sounder vacancies and all other known vacancies of 7 days or more butless than 30 days in Sounder Service will be filled as follows.

The appropriate relief engineer will be slid to the "temporary vacancy" and will remain on thatvacancy until the regular engineer returns. The first out available engineer on the emergencyextra list at the station of the vacancy may be called, at BNSF's discretion, to backfill theinvolved relief position for the duration of the" temporary vacancy" and these engineers will bemade whole based on the difference in earnings between their regular assignment and theSounder assignment. The resulting assignment vacancy will be treated the same as a 7 day ormore vacation vacancy and will be filled as a permanent vacancy under Article 11 on Mondaymorning at the normal time.

Upon completion of tour of duty Sunday, the extra list engineer will be released from commuterservice (unless otherwise authorized by the designated supervisor). All commuter emergencylist engineers assigned in Sounder Service in this manner will have full displacement rights uponrelease from Sounder Service. The one year tie down will continue to apply to all engineersregularly assigned in Sounder Service.

Known vacancies of 30 days or more in Sounder Service other than vacation (i.e., death,retirement, disability or hardship) that occur between the annual 1 year tie down period start onOctober 1 of each year will be filled as a new permanent assignment under Article 11 and willbe advertised for 7 days. The successful bidder will be required to complete the remainder ofthe 1 year tie down period.

Article 11, Section T, of the 2007 BLET Agreement does not apply to Sounder service.Vacations will start at 12:01 am on the day the vacation is scheduled and will end at 11 :59 pmon the last day scheduled.

Unless designated otherwise, when there are no vacancies and there are multiple reliefengineers, the first relief engineer will work a designated train and the second relief engineer willwork a subsequent train. When there are no vacancies and there is one relief engineer, therelief engineer will work the last train. However, the Carrier determines the necessary numberof relief engineer(s) and may reassign relief engineers to work single round trips of any regularjob.

Relief engineers are required to protect special event trains; in the event there are more specialevent trains than there are relief engineers, the remaining special event trains will be filled byoffering the extra service to the regularly assigned Sounder Service engineer(s) in seniorityorder at the originating station. If none, then emergency extra list engineers at the originatingstation will be called in rotation order. If none, the Special Commuter service will be offered tothe senior pool engineer and the junior engineer in that pool will be forced to protect this train.Engineers assigned to Sounder Service working their rest days for special event trains will bepaid at overtime rate. Engineers called from the emergency extra list for special event trains will

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be made whole based on the difference in earnings between their assignment and the Sounderassignment.

It is also understood that those crews making multiple trips in Sounder service will be allowedthe $4.00 "transportation allowance" (to assist engineers transporting home to secure theirproper rest; not payable if the engineer accesses lodging at the away from home terminal) andthe $8.32 meal allowance so long as the respite period is in excess of four hours at other thantheir home terminal. It was further understood that the meal allowance in all Seattle Soundercommuter service, when payable, would be adjusted in accordance with the BLET 2007 LocalNational Agreement.

We understood that engineers who protected multiple trip Sounder Service, on or afterSeptember 7, 2007 until the date this understanding is effective, will be paid $8.00 in lieu ofmeal for each trip worked. Thereafter, the allowance will be increased to $8.32.

If you concur with the above criteria, please signify your concurrence in the space providedbelow.

Jason RingstadGeneral Director, Labor Relations

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I Concur,

Matt WilsonGeneral Chairman - BLET


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