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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 1
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
In our conversations concerning Article 15 of this Agreement,- we discussed the result should either party abolish a guaranteed extra board in accordance with "Attachment C" in the January 1, 1990 agreement between the BLE and the ATSF. It is understood that should either party serve the six month notice to abolish a guaranteed extra board and BLE takes any exception to or otherwise objects to the Carrier's expressed method for filling temporary and other extra vacancies on the district where the extra board will be abolished, the dispute will be handled exclusively through the minor dispute resolution process with expedited, parties pay, arbitration.
The parties will select a neutral referee within five days from the date that a dispute develops. The neutral referee will hold a hearing within sixty (60) days from the date that the parties request the services of the referee. A decision will be issued within thirty (30) days from the close of the hearing. Selection of a referee will be contingent upon the referee agreeing to these time tables. These time tables may be extended by mutual agreement.
The parties will make every attempt to complete the expedited process (including any necessary arbitration) prior to the expiration of the six month abolishment notification period, but should six months pass prior to the dispute being finally resolved, the Carrier may immediately implement its expressed method without penalty, subject to change to the extent, if any, required by the arbitration award or other resolution.
If the foregoing correctly sets forth the understanding reached, please; signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED:
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 2
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
The parties recognize and hereby confirm that this Agreement does not in any way rescind or otherwise alter the terms of Article VII, Side Letter No. 5, or the unnumbered Side Letter to Article VII and Side Letter No. 5 dated December 19, 1989, all to the January 1, 1990 agreement between the BLE and ATSF. Therefore, the following terms in this Side Letter No. 2 are consistent with and represent correct interpretations of the above listed parts (as applicable) of the January 1, 1990 BLE-ATSF agreement.
The parties recognize and hereby confirm that no agreement (current or former) between the Brotherhood of Locomotive Engineers and Carrier entitles or entitled engineers to any "special through freight car scale additive" which may be payable to through freight conductors or brakemen under certain circumstances pursuant to existing agreements between the Carrier and any other labor organization. Accordingly, any existing or future claims by engineers for such special through freight car scale additive or an equivalent, are void, shall be withdrawn, and may not otherwise be progressed by anyone against the Carrier; the Carrier shall, therefore, incur no liability in this regard even if it fails to deny or otherwise respond to or acknowledge any of these claims.
The parties recognize and hereby confirm that no agreement between the parties (current or former) entitles or entitled engineers to any enhancement of deadhead pay which may be payable to conductors or brakemen under certain circumstances pursuant to existing agreements between the Carrier and any other labor organization. Accordingly, any existing claims or future claims by engineers for enhancement of deadhead pay based on or related to any agreement between the Carrier and any other labor organization are void, shall be withdrawn, and may not otherwise be progressed by anyone against the Carrier; the Carrier shall, therefore, incur no liability in this regard even if it fails to deny or otherwise respond to or acknowledge any of these claims.
The parties recognize and hereby confirm that any past, current, or future revision (relaxation or otherwise) of restrictions, conditions, or penalties on conductor-only service implemented with the trainmen's craft on the ATSF is automatically applicable to the engineers. Accordingly, any existing claims or future claims raising similar issues by engineers based on any revision of restrictions on conductor-only service or an equivalent, which revision was in place before this Agreement, are void, and shall be withdrawn, and may not otherwise be progressed by anyone against the Carrier; the Carrier shall, therefore, incur no liability in this regard even if it fails to deny or otherwise respond to or acknowledge any of these claims.
If the foregoing correctly sets forth the understanding reached, please signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED:
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 3
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
In our discussion concerning Article 12, Temporary Transfer, the parties agreed to meet within one year following the implementation of this agreement to discuss a permanent transfer and system seniority agreement. Such meetings will be held on an informal basis outside the formal procedures of the Railway Labor Act.
If the foregoing correctly sets forth the understanding reached, please signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED:
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 4
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
In our discussions concerning Article VI - Personal Leave in the core National BLE Agreement, we agreed that the General Committee of the Brotherhood of Locomotive Engineers will notify the Carrier at least sixty (60) days prior to January 1, 1997 if it elects the provisions in Article VI – Personal Leave in the core National BLE Agreement in lieu of Article V - Annual Leave Days of the January 1, 1990 agreement between the BLE and ATSF.
If the foregoing correctly sets forth the understanding reached, please signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED:
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 5
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
The parties understand that nothing in this Agreement entitles any engineer to any pay allowance, wage additive element of compensation of any kind, or any right or benefit which is in any way based on or otherwise connected to the size of the train, size of the ground crew, work en route, or any other issue or condition involving any other craft. Further, every element of compensation of any kind provided for any engineer in this Agreement is granted by the Carrier solely because the Santa Fe engineers have agreed here (in Article 19) to the "national standard" (130 mile) basic day mileage, and (in Article 20) to an equitable update of the COLA/profit sharing arrangement (which had been created by the January 1, 1990 agreement between the BLE and ATSF in lieu of 'a general wage increase of the type which was traditional prior to that time).
If the foregoing correctly sets forth the understanding reached, please signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED:
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 6
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
The parties also understand that no engineer shall be entitled to any special allowance provided for by the core "National" BLE Agreement or settlement which is in any way based on or otherwise related to productivity payments to trainmen, the size of the train, the size of the train crew, work en route, or any issue involving the trainmen's craft.
If the foregoing correctly sets forth the understanding reached, Please signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED:
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THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 1700 East Golf Road Schaumburg, Illinois 60173-5860 |
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Side Letter No. 7
March 27, 1996
Mr. J. L. Hogan, General Chairman
Brotherhood of Locomotive Engineers
4223 W. Pipeline
Euless, Texas 76040
Dear Mr. Hogan:
In reference to Article 14 of this Agreement, the parties recognize and hereby confirm that no agreement between the BLE and the Carrier predating this Agreement entitled an engineer to any claim for instructing a trainee or another engineer for more than the $9.00 instructor allowance as allowed prior to the effective date of this Article. Accordingly, any existing or future claims by engineers for enhancement of training pay or allowances above that amount and based on any training occurring before the effective date of this agreement are void, shall be withdrawn and may not otherwise be progressed by anyone against the Carrier; the Carrier shall, therefore, incur no liability in this regard even if it fails to deny or otherwise respond to or acknowledge any of these claims.
If the foregoing correctly sets forth the understanding reached, please signify by signing in the space provided below.
Yours truly,
(signed) 3/28/96
John J. Fleps
Vice President - Labor Relations
ACCEPTED:
APPROVED: