The 2023 Implementing Agreement between the BRS and BNSF gave MRL signalmen exclusive rights to all future scope covered work. This was not something we previously had on the MRL as the Carrier had the right to use contractors n many cases and did so frequently.  As a condition of the recent agreement, contractors were allowed up to 3 years to finish their previously contracted PTC project only.  And even this exception was conditional.  The condition was that the Carrier must maintain at least 35 MRL signalmen.  If less, then contractor work must be suspended within 60 days.  On January 10^th, the BRS became aware the Carrier had allowed the number of MRL signalmen to fall below 35.  Accordingly, as of March 10^th, when the number had not been restored to 35, contractors were prohibited from doing any signal scope work on the former MRL territory. 

BNSF was given a proposal outlining what it would take for the BRS to allow continuation of the project with contractors.  We simply offered a solution in line with priorities collected from affected members. Our terms were quite reasonable, especially considering the conundrum the RR found itself in.  Despite this fact, BNSF rejected our terms and opted to remove contractors from signal scope work until the number of MRL signalmen reached 35. As of March 11^th, there were 30 members working, and 4 prospective new hires who had accepted an employment offer on the former MRL.

The Carrier’s removal of the Contractors was short lived, however. With utter disregard for the clear terms of the Agreement, on March 21^st the BNSF informed the Organization that, despite not yet having 35 members working, it would resume Herzog operations immediately.  This was under the guise that prospective employees who had verbally accepted an employment offer could somehow be counted as working members.  On March 22^nd, the Organization informed the Carrier that having a plan to get to 35, though commendable, was not the same as having 35 BRS members working on the MRL. 

That same date, the BRS filed a lawsuit in Federal Court seeking a declaratory judgment in favor of the BRS and further enjoining the Carrier from utilizing contractors to perform PTC work whenever our members are fewer than 35.  We are awaiting the outcome of our suit which we expect will be expedient.

In the meantime, please be diligent in documenting dates, times and numbers of contractors performing Signal work in violation of the agreement.  Pictures are also helpful.  Please provide all relevant information to your local chairman for handling.