between
and the
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
RE:
Uniform Time Limit Rule for handling Claims and Grievances revises Article 33,
Section A as follows:
Article
I- Non-Applicability.
This
rule does not apply to requests for reinstatement without pay in discipline
cases.
Article
II - Non-Compliance with Time Limit Rule Does Not Set Precedent.
Failure
to comply with the time limits specified in this rule will not set a precedent
or waiver of the contentions of either patty as to future application of rules
regarding similar or identical claims. When
Article
III - Claim and Declination Deadlines.
All
claims and grievances, including claims for guarantee payments, must be filed
in writing by or on behalf of the employee or employees with the officer of the
Carrier authorized to receive same within sixty (60) days from the date of the
occurrence on which the claim is based. The date of occurrence in discipline
cases is the date the notification of discipline is received. Claims not allowed must be declined* by
Carrier to the individual employee or his representative, whoever presented the
claim by notice in writing within sixty (60) days from date same is filed,
giving the reason for such disallowance. If not so notified the claim shall be
allowed.
*-the
date of declination is the date the payroll printout is delivered to the
employee or, in the case of a so-called "letter claim" the date the
declination is delivered (mailed) to the individual submitting the claim.
Article
IV - Appeal and Declination Deadlines.
If
claim is to appealed, such appeal must be submitted in writing by the employee
or representative of the employee’s choosing to the designated Carrier Officer
within sixty (60) days from the date of notice of disallowance from the
Carrier. Failing to comply with this
provision the claim will be barred. If such appeal is to be declined the
designated Carrier Officer will have sixty (60) days from date of such appeal
to do so and if not declined to the appellant in writing within that period the
claim shall be allowed. Claims initiated
in letter format by a Local Chairman, declined by the designated Carrier
Officer, will not be appealed under this Article but may be progressed by the
General Chairman under Article VIII.
Article
V - Right of Representatives to File and Pursue Claims.
This
rule recognizes the right to representatives of the organization signatory
hereto, to file and pursue claims for and on behalf of an employee or employees
(named or unnamed) they represent The Organization and the Carrier will
cooperate to identify the aggrieved employee or employees (when they are
unnamed) when the issue is settled on the property or, in the event the claim
is not settled on the property, prior to submission of the dispute to a
Tribunal having jurisdiction to dispose of the claim
Article
VI Continuing Claims.
The
rights of a claimant(s) involved in claims of a continuing nature (claims that
involve a single agreement violation that have ongoing influence) shall, under
this rule, be fully protected and the employee(s) need not file a claim for
each date but may submit on a single claim. This recognizes the right of the
employee(s) or their representative to file a claim for up to a sixty (60) day
preceding the date of the discovery of the alleged violation upon which the
claim or grievance is based.
Article
VII- Right of Parties to Amend Positions During On-Property Handling.
It
is further recognized that the General Chairman and/or the Carrier's highest
appeal officer are free to amend the respective positions taken by their local
representatives with respect to the basis on which a claim is initially
premised or declined during its handling on the local level so as to be
consistent with their respective positions concerning the meaning and
application of the involved rules of the contract.
Article
VIII - Final On-Property Appeal and Declination.
Claims
appealed by the General Chairman will be submitted to the highest designated
Carrier officer within sixty (60) days of the date of declination by the
designated Carrier Officer or the claim will be barred. Highest designated
Carrier Officer must decline the appeal within sixty (60) days or claim will be
allowed.
The
highest designated Carrier Officer and the General Chairman must conference the
dispute within one (I) year of the date of the highest designated Carrier
Officer's declination. The declination of the highest designated officer will
be binding unless proceeding are instituted to dispose of said issue before a
tribunal having jurisdiction within one year of the date of that declination.
Failure to institute such proceedings will not establish precedent for any
pending or future analogous claims. Time limits as stated in this agreement may
be extended for any case by mutual agreement between the patties.
Article
IX - Effect of this Agreement.
This
agreement supersedes all previous agreements practices or understandings on
time limits for handling claims and grievances.
Article
X - Effective Date.
The
effective date of this Agreement is
(Signature
not reproduced)
MEMORANDUM
OF UNDERSTANDING
between
BROTHERHOOD
OF LOCOMOTIVE ENGINEERS GENERAL COMMITTEES OF ADJUSTMENT (former CB&Q, GN,
NP, SP&S, SL&SF, AT&N. FW&D, C&S, JTD)
and
THE
UNITED TRANSPORTATION UNION GENERAL COMMITTEES OF ADJUSTMENT (former CB&Q,
GN, NP, SP&S, SL&SF, AT&N, FW&D, C&S, JTD)
And
THE
In
consideration of pending disputes between the parties signatory hereto
concerning their rights to appeal claims on behalf of members of either of the
two Organizations and employees of the Carrier, it is the intent or the parties
to resolve such disputes and eliminate and/or preclude implementation of any
agreement between Burlington Northern and either BLE or UTU which require
payment of a fee or dues for maintenance or accumulation of seniority in Engine
or Train (ground) service, and; to provide the right for representatives of
both Organizations to appeal and pursue claims on behalf of their respective
members THEREFORE, IT IS UNDERSTOOD
1.
This understanding recognizes the right of Local and Genera] Chairmen of the
United Transportation Union (UTU) to appeal claims on behalf of Engineers who
are members of the UTU and the right of Local and General Chairmen of the
Brotherhood of Locomotive Engineers (BLE) to appeal claims on behalf of
firemen, hostlers and ground service employees consistent with the respective
agreements governing such appeals.
(a).
No claim arising while working in a craft or class represented by the BLE may
be submitted to arbitration on behalf of an individual(s) by other than the BLE
General Chairman without the BLE General Chairman first being given opportunity
to submit, in writing, the interpretation of BLE rule(s) in evidence.
(b)
No claim arising while working in a craft or class represented by the UTU may
be submitted to arbitration on behalf of an individua1(s) by other than the UTU
General Chairman, without the UTU General Chairman first being given
opportunity to submit in writing, the interpretation of UTU rule(s) in
evidence.
2.
Claims for employees working under BLE agreements/schedules must be submitted
by the claimant or a BLE Local Chairman.
Claims for employees working under the UTU agreements/schedules must be
submitted only by the claimant or a UTU Local Chairman. Claims submitted on a joint time slip by any
member of a single crew on behalf of other members of the crew will be
considered the same as if submitted by an individual claimant
3.
(a) The Burlington Northern and BLE General Chairmen signatory hereto agree
that no agreement will be entered into between these named parties which will
deny the rights of UTU to appeal and handle claims for engineers to the extent
specifically provided herein.
(b)
The Burlington Northern and UTU General Chairmen signatory hereto agree that no
agreement will be entered into between these named parties: which will deny the
rights of BLE to appeal and handle claims for firemen, hostlers and ground
service employees to the extent specifically provided herein.
4.
Burlington Northern and the UTU and BLE Genera1 Chairmen signatory hereto agree
that no agreement will be entered into between any of these named parties which
will require any member of one of the Organizations to pay dues or fees to the
other Organization for the purpose of maintaining or accumulating seniority in
a craft or class represented by that Organization
NOTE:
This does not preclude UTU or BLE from entering into agreements, which require
an individual accepting an official position with the Carrier to pay dues or
fees to either UTU or BLE or both, for the purpose of continuing to maintain
and/or accumulate seniority in the craft(s) represented by them respectively.
This
understanding signed this 27th day March 1996 will be effective on
(Signatures
not reproduced)