RULE 79 INFO

Under Rule 79 you may NOT:
 

* Voluntarily vacate an assignment and bump to an open turn. The Memorandum of Agreement between the UTU and Burlington Northern dated February 26, 1981 says you may only displace a junior member. It has been long established in Aurora that an open turn is not a junior member.

 

Notice H-160

 

TO ALL LOCAL CHAIRPERSONS                                           WHEAT RIDGE, CO 80033
UNITED TRANSPORTATION UNION
BURLINGTON NORTHERN RR (CB &Q)                                  JANUARY 23, 1990 

 

RE:   VOLUNTARY MOVEMENT FROM RULE 79 ASSIGNMENTS 

Dear Sirs and Brothers:

 It has come to the attention of this office a conflict exists between the interpretation and proper application concerning voluntary movement from Rule 79 Assignments to pool service. It appears various Local Chairmen throughout our Committee restrict a Conductor to displacing the most junior Conductor in pool service while other Local Chairmen allow said conductor to displace any junior conductor. 

Upon perusing our records it became obvious why such diversity in interpretation exited. In February 1978 Notice C-99 and Ballot were circulated requesting a change in Section 3 of the April 10, 1959 Letter of Understanding applicable to Conductors which required a conductor voluntarily moving from a Rule 79 Assignment to pool service to displace the most junior conductor in said pool service. 

In Notice C-100 dated March 23, 1978 former General Chairman McCoy advised all Local Chairmen “tabulation of Ballots forwarded to Local Chairmen representing Conductors relative to eliminating Section 3 of the April 10, 1959 Letter of Understanding indicate 21 Local Chairmen approve and 2 Local Chairmen do not approve eliminating Section 3, which would permit a conductor who voluntarily relinquishes his assignment to displace any junior conductor in the pool where he places. . . . This is for your information, however would advise the approved modifications will not become effective until agreement is consummated with the Carrier.” (Emphasis added) 

On February 26, 1981 this office secured an Agreement with the Carrier which allows, in part, as follows:

 “Conductors and brakemen …. may voluntarily relinquish assigned service under CB&Q Rule 79 and may displace a junior employee in the same or in the opposite craft, not in assigned service in the same sub district. If the displacement is made to an extra board, it will be to the foot of the board and most junior extra man will be displaced.” 

The intent of this Agreement was to allow Conductors voluntarily relinquishing his/her assignment to displace any junior conductor in the pool where he/she places.

In the future this office requests all Local Chairmen use the above agreed to interpretation and allow conductors and/or brakemen voluntarily relinquishing his/her assignment to displace any junior conductor in the pool where he/she places.

It has also been agreed to in the past that conductors and/or brakemen placing on Rule 79 assignments may relinquish said assignment after making one round trip, or laying off one complete round trip. It is being understood a conductor and/or brakeman is not considered as being assigned to said assignment until he/she has been returned to his/her home terminal and becomes rested for said assignment.

Fraternally yours,

George Hitz

General Chairman, UTU

 

                                                                                                                                                BN 2/26/81-C-OPS-16-81 

MEMORANDUM OF AGREEMENT

between

UNITED TRANSPORTATION UNION

and

BURLINGTON NORTHERN INC.. 

The understandings set forth below will apply to conductors and brakemen on the Illinois-Wisconsin, Missouri, Nebraska and Wyoming seniority district pending conclusion of negotiations on a common BN schedule agreement. 

1.      A pool conductor or brakeman displaced from his pool turn, who has sufficient seniority to hold another turn in the same class of service in the same pool, will not be privileged to effect displacement in any other pool. 

2.      Conductors and brakemen, after being in the same craft for twenty-eight days, may voluntarily relinquish assigned service under CB&Q Rule 79 and may displace a junior employee in the same or in the opposite craft, not in assigned service in the same subdistrict. If the displacement is made to an extra board, it will be to the foot of the board and the most junior extra man will be displaced. 

This agreement supersedes any previous conflicting agreements, will become effective March 16, 1981, and will remain in effect thereafter subject to Section 6 of the amended Railway Labor Act. 

Signed at St. Paul, Minnesota this 26th day of February, 1981

 

G D Hitz                                                           A E Eglrus

General Chairman UTU                              Vice President-Labor Relations 

B W Long

Associate Chairman -UTU

RULE 79 INFO

*Under Rule 79 you may NOT:*

Leave the pool on a pool bump. If displaced and you have sufficient seniority to hold another turn in the pool you were in, you have to stay in that pool.
If you do not have sufficient seniority to hold another turn in that pool at the time you exercise your seniority you may exercise a full bump.
 

Some examples:

Scenario 1. Let’s say you get bumped from the Short Pool at 1900 on Friday and you cannot hold another turn, you can exercise a full bump and do not have to return to the pool.
Scenario 2. Let’s say you get bumped from the Short Pool at 1900 on Friday and you cannot hold another turn, but decide to ride out the bump. On Saturday another turn opens up and someone with less seniority places on it. At 1850 on Sunday, you decide to place off your bump and a junior member is still occupying a turn, you have to return to the pool. This scenario also applies if a turn is open

* Under Rule 79 you may NOT:*

*Voluntarily vacate a job and exercise a bump until you have accepted notification and worked or laid off one trip of that assignment.
For example, you are in the Short Pool and win a bid on Board 10. While in Savanna you accept notification that you were the highest bidder. Once you are relieved and tied up at your home terminal, you are now protecting Board 10. You are required per our agreements to either work or lay off one trip before you may make a Rule 79 move. This includes protecting the boards for 24 hours and not called or 1 rest day in assigned service.

LXX is no longer considered laying off one trip for this Rule 79 situation.

 *Under Rule 79 you may NOT:*

Voluntarily vacate an assignment and bump to an open turn. The Memorandum of Agreement between the UTU and Burlington Northern dated February 26, 1981 says you may only displace a junior member. It has been long established in Aurora that an open turn is not a junior member.
 

 

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