united transportation union
GENERAL COMMITTEE of ADJUSTMENT GO-386
Burlington Northern Santa Fe Railroad and Montana Western Railroad

Of Counsel M. M. WINTER G.O. HARTSOCK	June 1, 2006
C.J. Miller III General Counsel United Transportation Union 14600 Detroit Avenue Cleveland, OH 44107-4250	Re: Re: STB FD No. 34880               STB FD No. 34881               Contracting Issues

Dear Sir and Brother:

This will cover the above referenced STB Finance Dockets which reference establishment of certain Short Line Terminal Carriers as agents on BNSF.

Finance Docket No. 34880, Exhibit 2, Page 1 states in part:

“Whereas, UP will enter into a separate supplement agreement with BNSF of even date granting the BNSF the right to allow the Portland and Western RR, Inc. (“PNWR”) to act as BNSF’s agent between Portland, OR and Labish, OR (“Agency Rights”) and …”

Finance Docket No. 34881 states in part:

“Whereas, UP will enter into a separate agreement with Tacoma Rail of even date granting Tacoma Rail the right to operate and the right to perform services on behalf of BNSF over UP owned trackage located between Port of Tacoma trackage at Tacoma, Washington and BNSF trackage at Tacoma, (“Tacoma Rail Trackage Rights”; and…”

While FD No. 34880 is explicit in BNSF’s intended us of PNWR as their (BNSF’s) agent to operate trains between Albany, OR and Portland, OR, FD No. 34881 is less explicit but does indicate the same type action, substituting Tacoma Rail as the “agent.”

Either way BNSF would be transferring work performed by BNSF crews to the crews of either PNWR or Tacoma Rail. Whichever agent received the work, there are no provisions for BNSF to contract out such work by designation of an agent.

The separate supplemental agreements mentioned in the two (2) finance dockets have not been produced or made available.

It is my intention to file letters with BNSF protesting such actions based on my jurisdiction, Albany, OR to Portland, OR and former GN allocations between Seattle, WA and Portland, OR, via Tacoma, WA.

This mailing is for your information and will be referenced when I have received a response with BNSF and forward to your office.

With best wishes, I am

Fraternally yours,
/s/J.D. Fitzgerald
General Chairman