MEMORANDUM OF AGREEMENT
BNSF RAILWAY COMPANY
UNITED TRANSPORTATION UNION
In an effort to provide an alternative to the current scheduling and compensation for regular yard assignments, the parties may establish service at ________________________ as set forth herein.
Yard assignments may be advertised and worked on the basis of three (3) assigned 12-hour working days and four (4) assigned rest days (3-12 assignments) and/or four (4) assigned 10-hour working days and three (3) assigned rest days (4-10 assignments).
1.1 Starting time brackets for assignments established under this agreement will be mutually determined by local Carrier representatives and the Local Chairman. Should the parties be unable to reach an understanding, the matter will be deferred to the respective General Chairman and Division General Manager.
1.2 Assignments established under this agreement will operate separately from other yard assignments (eg., Daily Mark-Up, etc.). Local Carrier officers and the respective Local Chairman will meet and agree on the protocol for movement between these and any conventional (5-day) yard assignments at the location.
1.3 This Section does not abrogate existing provisions allowing for the establishment of regular 5-day yard assignments.
1.4 Calling hours for yard extra boards will be modified to include the starting times of the assignments established under this agreement.
1.5 Employees that are required to fill a temporary vacancy on any of the assignments established herein will be compensated for the assignment in the same manner as those regularly assigned.
2. For 3-12 assignments the following shall govern:
2.1 Each start of the employee’s three-start workweek shall pay 13 hours and 20 minutes at the current basic day’s hourly straight-time rate.
3.1 Each start of the employee’s four-start workweek shall pay 10 hours at the current basic day’s hourly straight-time rate.
3.2 Employees working a 4-10 assignment shall be paid on a minute basis 1 and 1/2 times the basic day’s hourly rate for all time in excess of 10 hours until final release.
3.3 Any employee assigned to a 4-10 assignment who commences a start during any assigned rest day and has worked, or taken compensated leave in lieu of, the four assigned straight-time starts during the workweek, shall be compensated for that start at 1 and 1/2 times the basic rate of the assignment worked.
3.4 Any employee assigned to a 4-10 assignment who commences a start during any assigned rest day and did not work, or take compensated leave in lieu of, the four assigned straight-time starts during the workweek, shall be compensated for that start at the straight time rate.
3.5 Arbitrary payments associated with coupling air, handling end-of-train-devices and special allowances payable under applicable crew consist agreements to employees working with a short crew, shall be prorated for assignments established under Section 2 of this agreement by multiplying the amount by five and dividing the result by four.
Exception. Penalties that are expressed in basic day increments are exempt for the enhancement provided under this Section and will continue to be paid at the conventional basic day rate for the craft assigned.
3.5.1 Protected employees that are eligible for productivity fund shares under the prevailing crew consist agreements will be credited one and one-fourth yard shares from the appropriate productivity fund for each tour of duty on a 4-10 assignment. For each 4-10 assignment tour of duty, the Carrier will credit the appropriate productivity fund with $60.32.
3.6 Employees will be afforded, and allowed to complete, an uninterrupted meal period of not less than 30 minutes between the 4th and 8th hour at an appropriate facility. Employees not granted a meal period before start of the 7th hour will notify the appropriate supervisor they are taking the meal period and will start that meal period at a quarter after the 7th hour.
3.7 Employees working a 3-12 assignment shift will be credited for the start the equivalent of 2 days towards vacation qualification.
SIDE LETTER 1
Where current rules provide for payment at overtime rate after 5 straight time shifts in the work week, each 10-hour shift under this agreement will be credited as 1.25 straight time days, and each 12-hour shift under this agreement will be credited as 1.67 straight time shifts.