AGREEMENT
between
UNITED TRANSPORTATION UNION
(former C&S and CB&Q)
and the
BURLINGTON NORTHERN SANTA FE RAILROAD
Pursuant to Article XIII of the 1996 UTU Arbitrated National Agreement, the National Carrier's Conference Committee (NCCC) and the United Transportation Union (UTU) National Negotiating Committee have agreed to implement the use of remote control technology. Without prejudice to either party's position regarding BNSF's rights under existing agreements.
SECTION - 1 - LOCAL OVERVIEW COMMITTEE
A local overview committee consisting of one or more UTU representatives and one or more BNSF representatives will communicate bi-weekly beginning September 1, 2002 to discuss and resolve issues and problems associated with the implementation of remote control technology at Denver during the pilot project and any other related issues including training. The bi-weekly meetings will occur during the first one-hundred twenty (120) days of operation and on an ''as needed" basis thereafter. The UTU representatives will be made whole for attending meetings.
SECTION - 2 - REMOTE CONTROL AREAS (RCA)
BNSF will establish remote control areas at Denver, CO within the current specified general switching limits. The areas will be identified with sufficient warning signs and written notices. Both operating and non-operating employees will be advised when remote control operations are in effect.
SECTION - 3 - TRAINING/CERTIFICATION
- For each location where remote control equipment is implemented, the Carrier will provide training so that all ground service employees will be qualified to use remote control equipment. Carrier training programs shall be conducted frequently enough to ensure that employees will be able, without unreasonable delay, to freely exercise seniority to and from RCO assignments.
B. As a sufficient number of RCO qualified UTU-represented employees are trained, they may be used to train ground service employees during the on the job portion of the training, with the selection of UTU-represented RCO trainers to be a joint effort between UTU and Carrier. Certification remains a responsibility of management.
SECTION - 4 - COMPENSATION
During the two weeks of RC Training, all trainees in the class will be paid foreman rate of pay.
During the pilot project, other than the two-week training, the Remote Control Operator Foreman (RCOF) will be paid the rate of pay and allowances that a yard foreman would have received for performing service on a conventional yard assignment. The RCO (helper) will be paid the foreman rate of pay with applicable entry adjustments. If and when a settlement on RCO is reached with this UTU General Committee of Adjustment, BNSF will make any RCOF and RCO (helper) payments retroactive to the date of implementation; however, those payments will be offset by the additional money paid to the RCO (helper), the difference between the foreman rate and helper rate.
SECTION - 5 - TRAINING FOR REMOTE CONTROL OPERATOR (RCO) POSITIONS
The Carrier will post a notice advising of all yard assignments in Denver Yard to which it is their intent to be operated via Remote Control (RC). The Carrier will then post a separate notice for seven (7) days for the classes to be offered and the yard assignments which will be affected by such training, to include a separate RC yard extra board. Former CB&Q employees must be in yard switch person service prior to the bids being issued in order to bid on said advertisements. The bulletin for the first six (6) remote control classes will be specific in nature to each individual yard assignment to include, but not limited to:
- Yard assignment number
- On duty time of yard assignment
3. Days off of the assignment
The successful bidders to each position so advertised will then be placed in a Remote Control Training Class. Should sufficient bids not be received to fill each advertised position the advertised position(s) will be filled by forcing the most junior yard employee until all positions are filled. Upon successful completion of the RC training each individual will be placed back in yard service in accordance with the bid previously awarded.
NOTE: It was agreed that the yard local chairman would be allowed to train in the initial Remote Control Training Class, in addition to the ten (10) other employees. However, he would not be required to protect Remote Control assignments until such time as he is the successful bidder to his choice or training class and/or assignment. It is further understood that the local Chairman will only be in the first week of training unless he otherwise intends to complete the second week for the purposes of completing his RCO certification.
On September 9, 2002 the Carrier will establish an extra board for remote control qualified yardmen. With six positions allocated for the former C&S and three positions to the former CB&Q.
NOTE: It is understood that once a sufficient number of employees are trained, the RCO extra board will be abolished and the terminal will resort back to one extra board.
Remote Control Trained yardmen will be required to protect RC yard assignments per Section 7 of this understanding.
The training and certification of switchmen will be accomplished through BNSF's two-week training program, which has been approved by FRA. Under that program, switchmen will receive a minimum of eighty (80) hours of RC training.
The first week of training will occur in an isolated area protected from interference with general railroad traffic. The second week of training will be on the job under supervision of a RC qualified officer.
Should an employee be unable to be in attendance of one or more days of the Remote Training Classes due to illness or emergency, said employee will be placed in the following class for the correlating number of days missed in order to fulfill the necessary requirements of training.
It was understood that it was the Carrier's intention to have a full time Remote Control Training - instructor located at Denver, CO. and that the parties would meet to discuss and reach agreement as to how non qualified Remote Control Operators would be trained and qualified in the future. It was agreed the number of RC trained employees is best addressed by the Local Overview Committee. If there is disagreement locally on the number of yardmen that must be trained, the General Committee and Labor Relations will discuss and resolve any disputes in connection therewith.
SECTION - 7 - PROTECTING RCOF/RCO SERVICE AND VACANCIES
Under the provisions of this agreement, employees bidding on and assigned to RCO positions will be not be subject to displacement under seniority rules for a period of 60 days, provided that they have sufficient seniority to remain in yard service at Denver, either regularly assigned or an the extra list.
Temporary vacancies will be filled as follows:
A. By the first out available employee on the RC yard extra board.
B. If none available, the first out RCO qualified employee on the regular extra board will be used.
C. If both yard extra boards are RCO exhausted, the junior RCO qualified employee assigned to a non-RCO position, on the same shift, will be moved to the RCO position. The subsequent vacancy will be filled from the regular yard extra board.
D. If none, senior available RCO qualified employee(s) on the subsequent shift, working a non RCO assignment will be offered the temporary vacancy (with the junior available RCO qualified employee being forced to the assignment should no senior available RCO qualified employee accept the assignment). The subsequent vacancy will be filled from the regular extra list.
E. If none, the Carrier will be required to operate the yard assignment in the same manner as prior to this agreement with a standard yard crew without remote control operations being utilized.
SECTION -8- RADIO EQUIPMENT AND ILLUMINATION DEVICES
BNSF recognizes that the current radio chest pack is not compatible for Remote Control Locomotive (RCL) operations and will provide portable radio equipment better suited to the operation. The Committee established under Section 4 will analyze design characteristics and consider alternative types of radio and illumination equipment for testing. The Committee should focus primarily on safety aspects and the human factors associated with the use of such equipment in RCL operations.
SECTION - 9 - REMOTE CONTROL EQUIPMENT SPECIFICATIONS AND MAINTENANCE
RCO crews will be expected to change Operator Control Unit (OCU) batteries but will not be otherwise responsible for OCU maintenance. The RCOF will insure that required RCL inspections are performed. BNSF will not require RC crews to service the RCL except under purview of Article VII of the 1985 UTU National Agreement and shall furnish protective equipment and the necessary training. OCU carry harnesses will be designed to provide operator comfort and easy access to OCU controls. RC crews will not be held responsible or disciplined for damage, accidents, or incidents caused by failure or malfunctions of the equipment. RC crews will not be held responsible or disciplined for damaged, lost, or stolen OCU equipment provided the crew member has exercised reasonable care to prevent damage or loss.
SECTION - 10 - DECLINE IN BUSINESS
It is understood that no employees will be furloughed as a result of the implementation of the RC Agreement at Denver, CO during the pilot project. Final protective considerations are deferred until the finalizing of an agreement between the parties. However should an employee not be able to hold a yard or road assignment at Denver, CO during the pilot project strictly due to the implementation of the RC Project, said employee(s) will be added to the guaranteed yard extra board.
ITEM - 11 - SAVINGS CLAUSE
This interim understanding is completely without prejudice to either party’s position. Unless otherwise mutually agreed between the BNSF and UTU General Committees, the terms of a subsequent Agreement dealing with Remote Control Operations will apply on the effective date of such an Agreement. This pilot project will end with the implementation of an Agreement or by decision of the UTU General Committee to end the pilot project at Galesburg, Illinois.
Signed this day ________of September 2002.
FOR THE ORGANIZATION For the CARRIER:
________________________ __________________________
R. R. Repstine M. H. Siegele, Jr.
General Chairman AVP, Labor Relations
________________________
K. W. Mason
General Chairman
