Designation of Portland and Western RR as an “Agent”

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

M.H. Siegele, Jr. Asst. Vice President - Labor Relations BNSF Railway Company P.O. Box 961030 Ft. Worth, TX 76161-0030	RE: Finance Docket No. 34880 BNSF’s referenced designation of Portland and Western RR as an “Agent”

Dear Sir:

In regard to the above reference, the identified Finance Docket No. 34880 states in part in Exhibit 2:

“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 …”

If it is BNSF’s intention to utilize “agent” PNWR crews to man and operate BNSF trains between Albany, OR (Labish, OR) and Portland, OR, this will serve as notice that BNSF has unilaterally changed Collective Bargained Agreements and working conditions.

BNSF does not have the authority or CBA provisions that would allow BNSF to “contract” operation of BNSF trains to another entity or “agent.” Such handling is a violation of the Railway Labor Act, as amended, and will not be tolerated.

Request prompt written and faxed response detailing BNSF’s intentions.

Sincerely,
/s/J.D. Fitzgerald
General Chairman