INDEX
A
Rule Page
Adjustment of
Shortages...........................
36 41
Advertisement..................................... 6 4
Annulment of
Assignments.......................... 8 7
Application for
Employment........................ 24 25
Assignment........................................ 6 4
Attending Court or
Inquest........................ 17 13
Attending Investigation—Time
Allowances........... 21 17
B
Basic Rate....................................... 2 2
Bereavement...................................... 18
14
C
Called and Not
Used............................. 13 10
Calling and Marking
Up.......................... 9 8
Calls........................................... 13
10
Calls,
Missed................................... 9 8
Choice
Holiday..................................
33 40
Claims, Time Limit
on........................... 20 14
Compulsory Retirement........................... 23
24
Conferences..................................... 34
40
Court or Inquest,
Attending..................... 17 13
Crew
Base....................................... 1 1
Cut Off
Enroute.................................
14 11
D
Deadheading..................................... 10 9
Decrease/Increase of Work
Forces................ 7 6
Deferment of Starting
Time...................... 11 9
Definitions..................................... 1 1
Designated Points for Going
On and Off Duty..... 6 4
Discipline and
Investigation.................... 21 17
Displacement.................................... 6 4
Disqualification,
Physical...................... 25 25
E
Employment, Application
for..................... 24 25
Equipment
on Engines............................
Letter 11 59
Examinations.................................... 16
12
Expenses Away From
Home......................... 15 11
Extra Board,
Guaranteed......................... 9 8
G Rule Page
Guaranteed Extra
Board.......................... 9 8
Guarantees...................................... Letter 2
47
H
Health and
Welfare..............................
28
26
Hearings........................................ 21
17
Held at Other Than Home Crew
Base............... 2 2
Holidays........................................ 32
37
I
Increase and Decrease of
Engine Work Force...... 7 6
Inquest or Court,
Attending..................... 17 13
Investigations and
Discipline................... 21 17
J
Jury
Duty.......................................
19 14
L
Laying
Off......................................
12 10
Leave of
Absence................................
22 23
Locker
Facilities...............................
26 26
M
Meal
Allowance..................................
15 11
Meal
Period.....................................
31 37
Missed
Calls.................................... 9 8
O
Overtime........................................ 2 2
Overtime—Short Turnaround
Passenger Runs........ Letter 6 54
P
Performance of Service by
Passenger Engineers... 1 1
Physical Characteristics,
Qualifying On......... 16 12
Physical
Disqualification.......................
25 25
Pilots.......................................... 2 2
Q
Qualifying on Physical
Characteristics.......... 16 12
R
Rate
Schedule................................... 2 2
Regulation on Extra
Boards...................... 9 8
Reporting/Laying
Off............................ 12 10
Representation.................................. 1 1
Rosters......................................... 5 4
Runarounds...................................... 9 8
S
Seniority....................................... 3 3
Seniority
District.............................. 3 3
Service Between
Zones........................... 4 3
Severability.................................... 35
41
Shortage
Adjustment.............................
36 41
Starting
Times..................................
37 41
T
Time Limits on
Claims........................... 20 14
Time to
Eat.....................................
31 37
U
Uniforms........................................ Letter 4
52
Union Shop...................................... 29
26
Union Shop Dues
Deduction....................... 30 29
V
Vacancies....................................... 6 4
Vacations....................................... 27
26
W
Work Week and
Overtime.......................... 2 2
Work
Zones...................................... 3 3
Y
Yard/Road
Work..................................
Letter 3 50
Z
Zones,
Seniority................................ 3 3
Zones, Service Between.......................... 4 3
Index
SUPPLEMENTAL AGREEMENTS
Page
Agreed Upon Questions and
Answers (August 2,1983)........... 71
Agreed
Upon Question and Answer Regarding Displacements
(August 2,
1983)............................................ 85
Agreement
Modifying the National Vacation Agreement
of April 29, 1949, Pursuant to Rule 27 (August 2, 1983).... 86
Agreement
Covering Itemized Statement of Earnings and
Modifying Rule 20(d) (August 2, 1983)...................... 88
Agreement
Amending Rules 2(b) and 9(a) Relative to the
“Workweek” for Extra Board Employees (August 2, 1983)...... 90
Agreement Concerning Rule
6(f) (August 2, 1983)............. 92
THIS AGREEMENT made this 26th day of October, 1982, by and between
the National Railroad Passenger Corporation and Passenger Engineers represented
by the Brotherhood of Locomotive Engineers.
WHEREAS, in the Rail Passenger Service Act of 1970, as
amended by the Amtrak Improvement Act of 1981, Congress has established for the
National Railroad Passenger Corporation (Amtrak) the goal of maximization of
its resources, including the most cost effective use of employees; and
WHEREAS, effective January 1, 1983, Amtrak will assume its
own train and engine operations heretofore performed by the Consolidated Rail
Corporation (Conrail) pursuant to the Northeast Rail Service Act of 1981; and
WHEREAS, Amtrak desires to employ persons currently
employed by Conrail in its engine service operations, and those employees
desire to accept employment with Amtrak; and
WHEREAS, the Brotherhood of Locomotive Engineers now
represents all employees of Conrail in the craft of Locomotive Engineers who
would accept Passenger Engineer positions with Amtrak; and
WHEREAS, Congress, in the Amtrak Improvement Act of 1981,
also imposed upon both Amtrak and the Brotherhood of Locomotive Engineers the
duty to enter into a cooperative effort to achieve the efficiencies and
economies necessary to operate a modern passenger service entity;
NOW, THEREFORE, it is hereby agreed in conformity therewith that
the following Rules shall govern the rates of pay, rules and working conditions
of employees of Amtrak employed in its engine service operations:
RULE 1- SCOPE AND DEFINITIONS
a. This Agreement will apply to the work or service of
transporting passengers performed by the employees
specified herein and governs the rates of pay, hours of service and working
conditions of all such employees engaged in the operation of engines and any
other motive power used in performing the work or services provided by
Passenger Engineers and all other work generally recognized as the work of
Passenger Engineers performed on main lines or branch lines, or within yard
facilities, or in road, local or yard service.
It is understood that the
duties and responsibilities of Passenger Engineers will not be assigned to
others. If a new type of locomotive or motive power is placed in service,
Passenger Engineers will be instructed in the operation of the new type of
locomotive power and used to operate it.
b. The National Railroad Passenger Corporation
(hereinafter the “Corporation”) recognizes the
General Committee of Adjustment of the Brotherhood of Locomotive Engineers, the
Chairman of which is signatory hereto as bargaining representative of all
Passenger Engineers employed by the Corporation in the Northeast Corridor.
c. “Duly accredited representative” means the General
Chairman of the Brotherhood of Locomotive Engineers
having jurisdiction or any elected officer of the Brotherhood of Locomotive
Engineers designated by the General Chairman.
d. “Crew Base” means the territory encompassed within
a radius of 30 miles measured from the principal
Amtrak station or facility as designated by the Corporation for each crew base.
RULE 2- CLASSIFICATIONS AND
BASIS OF PAY
a. The rate of pay for Passenger Engineers effective
January 1, 1983, is $16.74 an hour.
b. Passenger Engineers will be paid for each trip or
tour of duty at the straight-time rate for the first
eight hours between the time they are required to report for duty until the
time they are released on completion of service, and at the time and one-half
rate for all time in excess of eight hours. Passenger Engineers paid 40
straight-time hours in a work week will be paid at the time and one-half rate
for all additional time paid for in the work week. The term “work week” for
regularly assigned Passenger Engineers will mean a week beginning on the first
day on which the assignment is bulletined to work, and for Passenger Engineers
assigned to an extra board will mean a period of seven consecutive days,
starting with Monday.
c. Except as provided in Rule 13, regularly assigned
Passenger Engineers and Passenger Engineers assigned
to an extra board will be paid a minimum of eight hours for each tour of duty.
d. When pilots are required for engine service, they
will come from the ranks of Passenger Engineers and
will be paid the Passenger Engineer’s rate of pay.
e. Except as provided in Rule 14, Passenger Engineers held at other
than their home crew base will be paid for the actual time held for the first
eight hours in any 24-hour period.
RULE 3- SENIORITY
a. Passenger Engineers will have Northeast Corridor
(NEC) seniority divided into two (2) prior right working
zones. NEC Working Zone 1 is the
territory between Boston, MA, and New York, NY (exclusive), including
Springfield, MA. NEC Working Zone 2 is the territory between New York, NY
(inclusive), and Washington, DC (exclusive), including Harrisburg, PA.
b. The seniority ranking in the Northeast Corridor
(NEC) Region for Passenger Engineers with Conrail
engine service seniority as of January 1, 1983, will be in accordance with the
Order Selection List established pursuant to the Agreement made in accordance
with Section 1165 of the Northeast Rail Service Act of 1981. Employees on the
Order Selection List who possess seniority on Conrail Seniority District
F-Northeastern will have prior rights to assignments in NEC Working Zone 1.
Employees on the Order Selection List who possess seniority on Conrail
Seniority District G-Southeastern will have prior rights to assignments in NEC
Working Zone 2.
c. Passenger Engineers, without prior rights as defined in paragraph
“b” of this Rule, who enter service in a classification covered by these work
rules will establish seniority as of the time and date they first report to the
medical examiner. When two or more Passenger Engineers without prior rights
start at the same time on the same day, they will be ranked in alphabetical
order according to their last names. The ranking of all employees covered by
this paragraph “c” will follow the ranking of all employees covered by
paragraph “b.”
RULE 4- SERVICE BETWEEN
ZONES
Assignments between any two
or more working zones may be established. When such assignments are
established, prior right Passenger Engineers of the zones over which such
assignment or assignments operate will participate in such service on the basis
which the ratio of the mileage in each zone bears to the total mileage covered
by such assignment or assignments, measured from the principal station of the
originating crew base to the principal station of the terminating crew base.
RULE 5-SENIORITY ROSTER
a. A roster showing seniority dates, promotion dates, prior rights
(if any), and seniority standing will be posted in a conspicuous place at all
crew bases for the information of Passenger Engineers, with copies to the
General Chairman.
b. The roster will be revised and posted in January of each year and
will be open to protest by the Passenger Engineer or his duly accredited
representative for a period of 60 calendar days from date of posting. Protests
on seniority dates will be confined to names added or changes made since
posting the previous rosters.
Upon an employee’s
presentation of proof of error, such error will be corrected. Passenger
Engineers who are off on leave of absence, vacation, sickness, disability or
suspension at the time the rosters are posted will be given 60 calendar days
from the date of their return to duty in which to protest. If no protest is
made during this time, their seniority dates will be deemed correct.
RULE 6- BULLETINS AND
ASSIGNMENTS
a. New assignments, assignments subject to readvertise-ment, extra
board assignments and vacancies will be advertised every Wednesday. The
advertising period will close 11:59 p.m. the following Saturday, and
assignments will be made effective 11:00 a.m. the following Wednesday.
b. Vacancies caused by sickness, temporary disability, suspension or
leave of absence, when it is known that the Passenger Engineer will be off for
a period of 30 or more days or when such Passenger Engineer will have been off
duty for a period of 30 days, will be advertised in accordance with paragraph
“a” of this Rule.
c. For regular assigned service, the advertisement bulletin will show
the crew base; reporting and relieving point; turnaround or layover point; days
on which the assignment is scheduled to work; assigned reporting time; and
train or crew numbers.
NOTE: Unless otherwise agreed to by the duly accredited representative and the District Manager-Labor
Relations, the reporting and the relieving point for any assignment will be the
same point.
d. A Passenger Engineer who bids for and is awarded
another assignment will not be permitted to bid for
his former position until it has been filled and again advertised, unless the
position has been materially changed. He will be permitted to exercise his seniority
to his former assignment if he is displaced from the position to which he bid.
e. A Passenger Engineer who is occupying a regular assignment which
is readvertised in accordance with the provisions of this Rule may elect to
exercise his seniority to another assignment within 48 hours after the
effective date and time of the change causing the readvertisement. A Passenger
Engineer who elects to remain on the assignment must bid for it if he desires
to remain after the advertisement is closed and the assignment has been made.
If he does not bid for it, and he is not assigned to any other job as the
result of that advertisement, he will immediately leave the assignment he has
been holding, and will be allowed five days in which to exercise his seniority
and may select any job held by a junior man, except the job he has been
occupying and on which he did not bid.
f. A Passenger Engineer returning to duty after being absent less
than 30 days by reason of sickness, temporary disability, suspension or leave
of absence, will be permitted to exercise his seniority on an assignment
advertised and filled during his absence, provided he exercises such right
before he performs any service. A Passenger Engineer absent because of a reason
listed in this paragraph for a period of 30 days or more, upon his return to
duty, may exercise his seniority on any assignment.
g. Regular assignments will be readvertised when any of the following
permanent changes are made in such assignments:
1. changing the crew base, layover or turnaround
point;
2. changing advertised starting time at the crew base
or arrival time at the end
of the assignment, one hour or more;
3. changing the assigned rest days.
h. Assignments will be made to Passenger Engineers in seniority order
from written bids submitted to the officer of the Corporation designated in the
advertisement notice prior to the close of an advertisement period. Passenger
Engineers will be given a receipt for bids submitted to the designated officer
of the Corporation.
i. When no bids are received for advertised assignments, the
assignments will be filled by the junior Passenger Engineer working at the same
crew base as the assignment that failed for bid.
j. When an assignment that failed for bid is filled in accordance
with paragraph “i,” the Passenger Engineer assigned will remain on the
assignment until a junior Passenger Engineer becomes available at the crew
base. The senior Passenger Engineer who is force assigned in accordance with
paragraph “i” will be promptly notified and have 24 hours after notification to
elect to vacate the assignment and exercise his seniority. If the assignment is
vacated, the junior Passenger Engineer will be assigned to the vacated
Passenger Engineer assignment. If the senior Passenger Engineer who was force
assigned in accordance with paragraph “i” elects to remain on his assignment,
the next junior Passenger Engineer who was force assigned will be permitted to
vacate his assignment and exercise his seniority as outlined herein. A
Passenger Engineer who is force assigned will be permitted to bid for any
Passenger Engineer assignment.
k. When an extra board is to be increased, the required number of
Passenger Engineers may be added to the board during the advertisement and
assignment period with the understanding that they are bidders for the board.
l. When regular runs are rearranged, the local representative of the
Corporation and the duly accredited representative(s) having jurisdiction will
arrange to meet for the purpose of grouping such runs consistent with
seniority, with the understanding that the Corporation reserves the right to
place a schedule in effect to protect the service when no agreement is reached.
RULE 7- REDUCING AND
INCREASING FORCES
a. In reducing forces, seniority will govern. Passenger Engineers
affected by a reduction of force or abolishment of positions will be given five
calendar days’ advance notice. A copy of such notice will be posted on bulletin
boards, with a copy to the duly accredited representative.
Passenger Engineers whose
positions are abolished may exercise their seniority rights to displace junior
Passenger Engineers within five calendar days after the date of notification
of abolishment. Passenger Engineers displaced may exercise their seniority in
the same manner within five calendar days after the date of notification of
displacement. Passenger Engineers who are able to but fail to exercise their
displacement rights within the prescribed time limit will revert to the extra
board. Passenger Engineers not possessing sufficient seniority to displace any
Passenger Engineers will be placed in furlough status.
Passenger Engineers
exercising displacement rights under this Rule must meet all the qualifications
required of the assignment to which they displace before being permitted to
work.
b. Passenger Engineers will promptly notify the Corporation in
writing, by certified mail, return receipt requested, of any change of name or
address, and provide a copy to the duly accredited representative.
c. When forces are increased or vacancies occur, furloughed Passenger
Engineers will be notified by certified mail or telegram, sent to the last
address given, with a copy provided to the duly accredited representative, and
will be recalled to service in seniority order.
d. Furloughed Passenger Engineers who fail to return to service
within 30 calendar days after being notified in accordance with paragraph “c”
of this Rule will be considered as having resigned, unless they present
sufficient proof that circumstances beyond their control prevented their
return.
RULE 8- ANNULMENT OF
ASSIGNMENTS
a. When it is known that the assignment of a regular assigned
Passenger Engineer, except the extra board, is to be annulled for one day or
longer, the Passenger Engineer will be notified at least four hours in advance
of reporting time.
b. Advance notice before annulling assignments is not required under
emergency conditions such as flood, snow storm, hurricane, tornado, earthquake,
fire, strike or derailment, provided that such conditions result in suspension
of the Corporation’s operation in whole or in part. Such emergency annulments
will be confined solely to those work locations directly affected by any
suspension of operation.
Passenger Engineers who are
affected by an emergency annulment and report for work without having been
previously notified not to report, will receive two hours’ pay at the
applicable rate of their positions. If Passenger Engineers work any portion of
the day, they will be paid in accordance with Rule 2. Upon termination of the
emergency conditions and restoration of the service, all positions and
incumbents thereof will be restored to the status prevailing prior to the
emergency.
RULE 9- GUARANTEED EXTRA BOARD
a. A Passenger Engineer assigned to an extra board who is available
for service during an entire weekly period or who does not lay off or miss a
call will be guaranteed a money equivalent of 40 straight-time hours each
weekly period. The term “weekly period” means a period of seven consecutive
days, starting with Monday. The Corporation will determine the location of and
the number of Passenger Engineers assigned to an extra board.
b. Passenger Engineers assigned to an extra board will be called
first in, first out, as registered on the extra board. Passenger Engineers
assigned to an extra board must be qualified to work any assignments which the
extra board protects.
c. Passenger Engineers assigned to an extra board must register on
the extra board immediately upon release from duty at the relieving point in
the crew base.
d. Passenger Engineers assigned to an extra board missing a call for
an assignment for which they stand will be placed at the bottom of the extra
board.
e. Passenger Engineers assigned to an extra board deadheading to
their home crew base will not be marked up on the board until actual arrival at
their relieving point in the home crew base.
f. Passenger Engineers assigned to an extra board will be called as
nearly as possible two (2) hours before the time required to report for service
or deadhead. Where local conditions warrant the duly accredited representative
and the designated Labor Relations officer may agree to a different calling
time, subject to the approval of the General Chairman and the highest appeals
officer of the Corporation.
g. Passenger Engineers assigned to an extra board will not be called
to fill vacancies unless they have sufficient rest to complete the assignment
under the Hours of Service law.
h. Passenger Engineers assigned to an extra board who are sent from
their crew base to outlying points will not be required to remain there longer
than one week at a time. Deadhead pay will be allowed only to the first
Passenger Engineer for the going trip and to the last Passenger Engineer for
the returning trip.
i. Passenger Engineers assigned to an extra board who are not called
in their turn will be paid four hours and will retain their place on the extra
board.
RULE 10- DEADHEADING
a. Deadheading and service may be combined in any manner that traffic
conditions require, and when so combined, will be paid actual hours on a
continuous time basis, with not less than eight hours for the combined
deadheading and service.
b. When deadheading is paid for separately and apart from service,
actual time consumed with a minimum of eight hours will be allowed.
c. Passenger Engineers are not entitled to deadhead pay for traveling
from one point to another in exercising seniority.
d. Passenger Engineers will be notified at the time called whether
deadheading will be combined with service or separate, and the proper officer
of the Corporation will mark their timeslips accordingly. If not so notified,
paragraph “b” will apply.
RULE 11- DEFERRED STARTING
TIME
Where Passenger Engineers
normally report for duty without being called, and it is desired on any day to
defer the reporting time, at least two hours’ advance notice will be given
before the usual reporting time of the assignment. The advance notice will
specify the new reporting time, and the Passenger Engineers’ trip or tour of
duty will not begin until that time. If not so notified, the reporting time
will be as provided in the assignment. A Passenger Engineer may have his
starting time deferred only once for each trip or tour of duty.
RULE 12- LAYING OFF[REPORTING
a. Regularly assigned Passenger Engineers laying off due to sickness
must notify the appropriate official as soon as possible. Passenger Engineers
who desire to lay off for personal reasons may do so when such absence is
authorized in advance by the proper officer of the Corporation.
b. A regularly assigned Passenger Engineer who has laid off will mark
up for his regular assignment not less than three hours in advance of the
reporting time.
RULE 13- CALLS
a. Passenger Engineers called, or required to report without being
called, and released without having performed service will be paid for actual
time held with a minimum of four hours and, in the case of Passenger Engineers
assigned to an extra board, will remain first out on the extra board; if held
over four hours and released without having performed service, they will be
paid eight hours and, in the case of Passenger Engineers assigned to an extra
board, will be placed at the bottom of the extra board.
b. Passenger Engineers who are called in an emergency situation after
having already performed compensated service on the day involved will be paid
for the actual time worked at the time and one-half rate, with a minimum of two
hours.
NOTE: The term emergency as used in this paragraph
is defined as a situation
that:
1. Involves or may cause delay to traffic
because all tracks are blocked.
2. Involves delay to a passenger train or
trains.
3. Involves violation of laws or local
ordinances.
4. Involves injury to persons requiring prompt
treatment or removal to hospital.
RULE 14 -CUTOFF UNDER HOURS
OF SERVICE
a. Passenger Engineers will not be released from duty before arriving
at their advertised crew base or turnaround point, unless it is apparent that
the trip cannot be completed under the laws limiting the hours on duty.
Passenger Engineers will be released from duty under this Rule only upon
instructions from the proper officer of the Corporation.
b. Passenger Engineers will not be cut off for rest pursuant to this
Rule, except at locations where food and lodging are available. In such cases,
the Passenger Engineers will be covered by Rule 15—Expenses Away From Home.
c. Passenger Engineers cut off under the law limiting the hours on
duty who then deadhead into their crew base or turnaround point will be paid
continuous time until released at their relieving point.
d. Passenger Engineers cut off between crew bases under the law
limiting the hours on duty will again be considered on duty and under pay
immediately after expiration of the legal rest period.
RULE 15- EXPENSES AWAY FROM
HOME
a. When a Passenger Engineer is released from duty at a location
other than the designated crew base of the assignment for more than four hours
he will be provided suitable lodging at the Corporation’s expense and will
receive a meal allowance of $3.85. A second allowance of $3.85 will be provided
after being held an additional eight hours.
b. Passenger Engineers assigned to an extra board will be provided
with lodging and meal allowance in accordance with the provisions of this Rule
when they are released from duty at other than their assigned crew base.
c. Passenger Engineers called from the extra board to fill vacancies
at outlying points will be provided lodging and meal allowance in accordance
with the provisions of this Rule at the outlying point in the same manner as if
held at a point other than their assigned crew base, subject to the following conditions:
1. An “outlying point” is one which is outside
the crew base territory of the extra board from which they are called.
2. Suitable lodging will be provided when
Passenger Engineers assigned to an extra board are held at the outlying point
for more than one tour of duty.
RULE 16-
TRAINING. QUALIFYING AND
EXAMINATIONS
a. Passenger Engineers will be required to attend training classes
and take examinations connected with their duties. Examinations may be written
or oral and include physical examinations, territorial qualification
examinations and service examinations (on the Operating Rules, Safety Rules,
air brake and other equipment rules).
b. Subject to the exceptions listed below, Passenger Engineers
required to attend a training class or an examination will be compensated for
the time engaged in such training or examination. If required to lose time,
Passenger Engineers will be paid an amount not less than they would have earned
on the assignment they would have worked. If no time is lost, compensation will
be for the actual time consumed in such training class or examination, at the
straight-time hourly rate, with a minimum of eight hours.
Exceptions:
1. Any qualification examinations or
familiari-zation trips necessary in the voluntary exercise of seniority.
2. Physical examinations, including vision and
hearing examinations.
3. Territorial qualification examinations,
except as provided in paragraph “c” of this Rule.
c. Passenger Engineers who are instructed to qualify or who are
force-assigned to a crew base, regular assignment or extra board where it is
necessary to qualify will be compensated for such qualifying. If required to
lose time, Passenger Engineers will be paid an amount not less than they would
have earned on the assignment they would have worked. If no time is lost,
compensation will be for the actual time consumed in qualifying, at the
straight-time hourly rate, with a minimum of eight hours.
d. To the extent practicable and except as provided in paragraph “c”
of this Rule, the Corporation will schedule territorial qualification examinations
so that Passenger Engineers may arrange to take them without loss of time.
Unless otherwise specified by the Corporation, Passenger Engineers will arrange
to schedule their own physical examinations.
RULE 17-
ATTENDING COURT OR CORONER’S
INQUEST
a. Regular Passenger Engineers attending court or inquest or giving a
deposition or stenographic statement in connection with other legal proceedings
as a witness on behalf of the Corporation at the direction of a proper officer
of the Corporation will be paid for the time actually lost on their
assignments. Necessary reasonable expenses, including travel expenses, will be
paid when away from home.
b. A Passenger Engineer assigned to an extra board attending court or
inquest, or giving a deposition or stenographic statement in connection with
other legal proceedings as a witness on behalf of the Corporation at the
direction of a proper officer of the Corporation will be paid the amount he
would have earned and placed in the same relative standing had he been called
in his turn from the extra board. Necessary reasonable expenses, including
travel expenses, will be paid when away from home.
c. Passenger Engineers attending court or inquest as a witness on
behalf of the Corporation or giving a deposition or stenographic statement in
connection with other legal proceedings at the direction of a proper officer of
the Corporation, when no time is lost, will be paid actual time consumed, with
a minimum of eight hours. Necessary reasonable expenses, including travel
expenses, will be paid when away from home, and Passenger Engineers assigned to
an extra board will hold their same relative standing on the crew board.
d. No deadhead payment will be made to Passenger Engineers for any
traveling necessary to their attendance at court or inquest.
e. Witness fees and mileage allowance will be remitted to the
Corporation.
RULE 18- BEREAVEMENT LEAVE
Bereavement leave will be
allowed in case of the death of a Passenger Engineer’s brother, sister, parent,
child, spouse or spouse’s parent, not in excess of three calendar days
following the date of death. In such cases, eight hours’ pay will be allowed
for each work day lost during bereavement leave. Passenger Engineers involved
will make provision for taking leave with their supervisor in the usual manner.
Agreed to questions and answers to the National Agreements where applicable,
are made a part of this Rule and are attached as Supplement 1 to this
Agreement.
RULE 19- JURY DUTY
When Passenger Engineers are
summoned for jury duty and are required to lose time from their assignments,
they will be paid for actual time lost with a maximum of eight hours’ pay for
each calendar day lost. From this amount will be deducted the amount allowed
for jury service for each such day, except allowances paid by the court for
meals, lodging or transportation. These payments are subject to the following
requirements and limitations:
1. A Passenger Engineer must furnish the Corporation with a statement
from the court of jury allowances paid and the days on which jury duty was
performed.
2. The number of days for which jury duty pay
will be
paid is limited to a maximum of 60 days in any
calendar year.
3. No jury duty pay will be allowed for any day the Passenger
Engineer is entitled to vacation. Agreed to questions and answers to the
National Agreements where applicable are made a part of this Rule and are
attached as Supplement 2 to this Agreement.
RULE 20- TIME LIMIT ON
CLAIMS
a. A claim for compensation alleged to be due may be made only by a
claimant or, on his behalf, by a duly accredited representative. No later than
60 days from the date of the occurrence on which the claim is based, a claimant
or his duly accredited representative must submit two timeslips alleging the
claim to the officer of the Corporation designated to receive timeslips. The representative
of the Corporation who receives the timeslips from the claimant or from his
duly accredited representative must acknowledge receipt of the timeslips by
signing and dating them, and return the duplicate copy to the claimant or his
duly accredited representative. If not presented in the manner outlined in this
paragraph, a claim will not be entertained or allowed, but improper handling of
one claim will not invalidate other claims of a like or similar nature. No
monetary claim will be valid, unless the claimant was available, qualified, and
entitled to perform the work.
b. If a claimant is absent because of sickness, temporary disability,
leave of absence, vacation or suspension, the 60-day time limit will be
extended by the number of days the claimant is absent.
c. To file a claim, a claimant or his duly accredited representative
will be required to furnish sufficient information on the time slip to identify
the basis of the claim, such as:
1. Name, occupation, employee number, division.
2. Train symbol or job number and engine
number(s).
3. On and off duty time.
4. Date and time of day work performed.
5. Location and details of work performed for
which claim is filed.
6. Upon whose orders work was performed.
7. Description of instructions issued to have
such work performed.
8. Claim being made, rule if known, and reason
supporting claim.
d. When a claim for compensation alleged to be due is not allowed, or
should payment be made for less than the full amount claimed, the claimant will
be informed of the decision and reasons for it, in writing, within 60 days from
the date that claim is received. When the claimant is not so notified, the
claim will be allowed, but such payment will not validate any other such claims,
nor will such payment establish any precedent.
e. A claim for compensation denied in accordance with the foregoing
paragraph “d” will be invalid unless, within 60 days after the date of the
initial denial of the claim, the claimant’s duly accredited representative
appeals it in writing in the following form to the Labor Relations officer
designated to handle claims:
1. Subject: (Set forth nature of claim,
dates, name of claimant)
2. Employees’ Statement of Facts:
3. Position of Employees:
NOTE: Claims of a continuing nature
will be considered properly
appealed when listed and identified with the initial claim by the duly
accredited representative with the designated Labor Relations officer.
f. The Labor Relations officer will arrange to meet on a regular
basis with duly accredited representatives who request to discuss appeals which
have been received by the Labor Relations officer at least 10 days in advance
of a meeting. In the written appeal, the duly accredited representative should
either request to discuss the appeal at the regular meeting with the Labor
Relations officer or waive the discussion and request a written response. The
Labor Relations officer will render a decision in writing to the duly
accredited representative within 60 calendar days of the date the Labor
Relations officer receives the appeal requesting the written decision or within
60 days of the date the appeal was discussed at a meeting. If the claim is
denied, the decision will be rendered in the following form:
1. Corporation’s Statement of Facts:
2. Position of Corporation:
When a claim is denied and
the duly accredited representative is not notified within the time limit, the
claim will be allowed but such payment will not validate any other such claim
nor will such payment establish any precedent. Appeals received less than 10
days in advance of a meeting will be scheduled for discussion at the next
meeting.
g. A claim for compensation denied in accordance with the foregoing
paragraph “f” will be invalid unless, within 90 days of the date of the denial
by the Labor Relations officer, the General Chairman appeals it in writing to
the highest officer of the Corporation designated to handle claims. The highest
officer of the Corporation designated to handle claims will meet on a regular
monthly basis with the General Chairman who has made a request to discuss
appeals received at least 10 days in advance of a meeting. In the written
appeal, the General Chairman should either request to discuss the appeal at the
regular monthly meeting or waive the discussion and request a written response.
Neither party will be limited by the positions taken during prior handling. The
highest officer of the Corporation designated to handle claims will render a
decision in writing within 90 days of the date he receives the appeal or within
90 days after discussing the claim at a meeting. When the General Chairman is
not so notified, claim will be allowed but such payment will not validate any
other such claim or establish any precedent. Appeals received less than 10 days
in advance of a meeting will be scheduled for the next meeting.
h. The decision of the highest officer of the Corporation designated
to handle claims will be final and binding unless, within six months after the
date of that decision, the officer is notified in writing that his decision is
not accepted. In the event of such notification, the claim will become invalid
unless, within one year from the date of the Corporation’s decision, the claims
are disposed of on the property or submitted to a tribunal having jurisdiction
pursuant to law or agreement, unless the parties mutually agree to other
proceedings for final disposition of said claims.
i. The time limit provisions in this Rule may be extended at any
level of handling in any particular case by mutual consent of the duly
authorized officer of the Corporation or representative of the Organization.
j. The time limits set forth herein do not apply in discipline cases.
RULE 21- DISCIPLINE AND
INVESTIGATION
a. Except as provided in paragraph “c,” no Passenger Engineer will be
disciplined, suspended or dismissed from the service until a fair and impartial
formal investigation has been conducted by an authorized Corporation officer.
b. 1. Except when a serious act or occurrence is involved, a
Passenger Engineer will not be held out of service in disciplinary matters
before a formal investigation is conducted. A serious act or occurrence is
defined as: Rule “G,” Insubordination, Extreme Negligence. Stealing
2. If a Passenger Engineer
is held out of service before a formal investigation for other than a serious
act or occurrence, he will be paid what he would have earned on his assignment
had he not been held out of service beginning with the day he is taken out of
service and ending with the date the decision is rendered or he is returned to
service, excluding the day of the formal investigation, whether or not he is
disciplined. Holding a Passenger Engineer out of service before a formal
investigation or paying him for being out of service for less than a serious
act or occurrence is not prejudging him.
c. Formal investigations, except those involving a serious act or
occurrence, may be dispensed with should the Passenger Engineer involved and/or
the duly accredited representative and an authorized officer of the
Corporation, through informal handling, be able to resolve the matter to their
mutual interests. Requests for informal handling must be made at least 24 hours
before a formal investigation is scheduled to begin. No formal transcript,
statement or recording will be taken at the informal handling. When a case is
handled informally and the matter of responsibility and discipline to be
assessed, if any, is resolved, no formal investigation will be required. A
written notice of the discipline assessed and the reason therefor will be
issued to the Passenger Engineer responsible, with a copy to the duly
accredited representative if he participated in the informal handling, at the
conclusion of the informal handling. Discipline matters resolved in accordance
with this paragraph are final and binding.
d. 1. A Passenger Engineer directed to attend a formal investigation
to determine his responsibility, if any, in connection with an act or
occurrence will be notified in writing within seven days from the date of the
act or occurrence or in cases involving stealing or criminal offense within
seven days from the date the Corporation becomes aware of such act or
occurrence. The notice will contain:
A. The time, date and location where the formal
investigation will be held.
B. The date, approximate time and the location
of the act or occurrence.
C. A description of the act or occurrence which
is the subject of the investigation and rules which may be involved.
D. A statement that he may be represented by his
duly accredited representative.
E. The identity of witnesses directed by the
Corporation to attend.
2. When a letter of complaint against a Passenger Engineer is the
basis for requiring him to attend the formal investigation, the Passenger
Engineer will be furnished a copy of the written complaint together with the
written notice for him to attend the investigation.
e. 1. The investigation must be scheduled to begin
within seven days from the date the Passenger
Engineer received notice of the investigation.
2. A Passenger Engineer who
may be subject to
discipline will have the right to have present
desired witnesses who have knowledge of the act or occurrence, to present
testimony, and the Corporation will order employee witnesses to be in
attendance.
3. The time limit is subject
to the availability of the principal(s) involved and witness(es) to attend the
formal investigation and may, by written notice to the Passenger Engineer
involved, be extended by the equivalent amount of time the principal(s)
involved or necessary witness(es) are off duty due to sickness, temporary
disability, discipline, leave of absence or vacation.
When a Passenger Engineer is
being held out of service for a serious act or occurrence pending the
investigation and other principal(s) or witness(es) are not available for the
reasons cited, he may request commencement of the investigation. If either the
Passenger Engineer or the Corporation officer is of the opinion that the
testimony of the unavailable principal(s) or witness(es) is necessary for the
final determination of the facts and discipline has been assessed against the
Passenger Engineer an a result of the investigation, such discipline will be
reviewed when the testimony of the missing principal(s) or witness(es) is
available.
4. When a formal investigation is not scheduled to begin within the
time limit as set forth in this Rule, no discipline will be assessed against
the Passenger Engineer.
5. A Passenger Engineer who may be subject to discipline and his duly
accredited representative will have the right to be present during the entire
investigation. Witnesses may be examined separately but those whose testimony
conflicts will be brought together.
f. When a Passenger Engineer is assessed discipline, a true copy of
the investigation record will be given to the Passenger Engineer and to his
duly accredited representative with the notice of discipline.
g. 1. If discipline is to be imposed following a formal
investigation, the Passenger Engineer to be disciplined will be given a written
notice of the decision within 10 days of the date the formal investigation is
completed, and at least 15 days prior to the date on which the discipline is to
become effective, except that in cases involving serious acts or occurrences,
discipline may be effective at any time.
2. When a Passenger Engineer
is required to perform service during a period of suspension, the balance of
said suspension will be eliminated.
h. 1. When a Passenger Engineer or his duly accredited representative
considers the discipline imposed unjust and has appealed the case in writing to
the Labor Relations officer having jurisdiction within 15 days of the date the
Passenger Engineer is notified of the discipline, the Passenger Engineer will
be given an appeal hearing. Dismissal cases involving claims for time lost will
be handled in accordance with the provisions of paragraph “k.”
2. The hearing on an appeal, if requested, will be granted within 15
days of the Labor Relations officer’s receipt of the request for an appeal
hearing.
3. Except when discipline assessed is dismissal, or when a Passenger
Engineer has been held out of service under paragraph “b” and assessed
discipline, this appeal will act as a stay in imposing the discipline until
after the Passenger Engineer has been given an appeal hearing.
4. At appeal hearings, a Passenger Engineer may, if he desires to be
represented at such hearings, be accompanied by his duly accredited
representative.
5. The Labor Relations
officer having jurisdiction will advise the Passenger Engineer of the decision,
in writing at the conclusion of the appeal hearing, with a copy to the duly
accredited representative. If the decision is to the effect that the discipline
will be imposed, either in whole or for a reduced period, the stay referred to
in paragraph “h3” will be lifted, and the discipline will be effective on the
day following the day of the appeal hearing.
i. If a decision rendered by the Labor Relations officer is to be
appealed, the General Chairman must, within 60 days after the date the decision
is rendered by the Labor Relations officer, make an appeal in writing to the
highest appeals officer of the Corporation requesting either that he be given a
written response or that the case be held in abeyance pending discussion in
conference with the highest appeals officer of the Corporation. When a written
response is requested, the highest appeals officer of the Corporation will give
written notification of his decision to the General Chairman within 60 days
after the date of his receipt of the appeal. When a request is made for the case
to be held in abeyance pending discussion in conference, the conference will be
arranged within 60 days after the highest officer of the Corporation receives
the request for a conference. The highest appeals officer of the Corporation
will give written notification of his decision to the General Chairman within
60 days after the date of the conference.
j. The decision of the highest appeals officer of the Corporation
will be final and binding unless, within 60 days after the date of the written
decision, that officer is notified in writing that his decision is not
accepted. In the event of such notification, the decision on a case involving
other than dismissal is still final and binding, unless the case is submitted
to a tribunal having jurisdiction pursuant to law within one year computed from
the date the decision was rendered.
Expedited Procedure for
Handling Dismissal Cases.
k.
1. When
a Passenger Engineer is dismissed, his
case may be given expedited handling by his General
Chairman to a Special Board of Adjustment, which will meet in Philadelphia, PA,
and be composed of three members:
A. A representative of the Brotherhood of
Locomo-tive Engineers.
B. The highest appeals officer of the
Corporation or his designated representative.
C. A neutral member selected by the parties.
In the event the parties are
unable to agree upon a neutral member, they will request the National Mediation
Board to appoint a neutral. Such Special Board will be established pursuant to
Public Law 89-456 89th Congress, H. R. 706 June 20, 1966, within 30 days of the
effective date of this Agreement.
2. Before invoking the services of the Special Board of Adjustment,
the General Chairman must, within 30 days after the date of a notice of
dismissal, appeal the case in writing directly to the highest appeals officer
of the Corporation.
3. In the written appeal, the General Chairman should either request
a conference or waive the conference and request a written decision. When a
conference is requested, a meeting date will be arranged as promptly as
possible but not later than 30 days after the highest appeals officer of the
Corporation receives the request. The highest appeals officer will render a
decision in writing to the General Chairman as promptly as possible, but not
later than 15 days after the date the case is discussed in conference. When a
written decision is requested, the highest appeals officer of the Corporation
will render a decision in writing to the General Chairman as promptly as
possible, but not later than 30 days after the date the appeal is received.
4. The decision of the highest appeals officer of the Corporation
will be final and binding unless, within 30 days after the date the General
Chairman receives the decision, the General Chairman notifies the highest
appeals officer of the Corporation in writing of his desire to submit the case
to the Special Board of Adjustment. After the highest appeals officer of the
Corporation receives such notification, the Board will be convened as promptly
as possible. The Board will render a final and binding decision as promptly as
possible, but not later than 30 days after the case is presented before the
Board.
5. Claim for time lost will be waived in any dismissal case which the
Organization does not progress under the Expedited Procedure for Handling
Dismissal Cases. This will not preclude the Organization from progressing such
a case to a tribunal having jurisdiction pursuant to law without regard to any
time limits in this Rule. The progression of such a cane will not be considered
a request for leniency.
l. 1. Time limits provided for
in this Rule may be
extended or waived by agreement in writing between
the applicable officer of the Corporation and the Passenger Engineer’s General
Chairman or duly accredited representative.
2. If discipline assessed is not appealed within the time limits set
forth in this Rule or as extended, the decision will be considered final,
except as provided in paragraph “k5.” If the decision on the appeal is not
rendered within the time limits set forth in this Rule or as extended, the
discipline assessed will be expunged.
m. When notification in writing is required, personal delivery or
proof of mailing within the specific time limit will be considered proper
notification.
RULE 22- LEAVE OF ABSENCE
a. Passenger Engineers must request written leave of absence when
they are to be off duty for more than 30 consecutive days.
b. A written leave of absence without impairment of seniority will be
granted upon request to a Passenger Engineer for the following reasons:
1. To accept an official position with the Corpora-tion
or related national railroad agencies.
2. To perform union committee work or to accept a
full-time union position
with Brotherhood of Locomotive Engineers.
3. To accept an elective or appointive public
of-fice for which a competitive examination is not required.
4. To accept an appointive public office for
which a competitive
examination is required, if such public office is related to railroad work.
c. Upon request, a Passenger Engineer will be granted a written leave
of absence to perform military service in accordance with current applicable
reemployment statutes.
d. A Passenger Engineer granted a leave of absence in accordance with
paragraph “b1” or “2” will be granted that leave of absence for the duration of
the assignment.
e. A request for a leave of absence for reasons other than those
outlined in paragraphs “b” and “c” may be granted upon agreement between the
highest appeals officer of the Corporation and the General Chairman.
f. A request for a leave of absence or for an extension must be made
in writing to the highest appeals officer of the Corporation, with a copy to
the General Chairman.
g. Except as set forth in paragraphs “c” and “d,” no leave of absence
or extension thereof will exceed one year.
h. A Passenger Engineer who fails to report for duty within 15 days
after the expiration of an authorized leave of absence or an extension thereof
or fails to furnish satisfactory reason far not doing so will have his
seniority terminated and record closed. A Passenger Engineer whose seniority
has been terminated may, through the General Chairman, appeal such termination
to the highest appeals officer within 30 days of the notice of termination.
i. A Passenger Engineer granted a leave of absence under paragraph “b
1” or “2” will be required to return to duty in the craft within 60 days after
being relieved of his assignment, or he will be subject to conditions set forth
in paragraph “h.”
j. A Passenger Engineer who absents himself without a written
authorized leave of absence, as provided in this Rule, will have his seniority
terminated.
k. A leave of absence is not required when a Passenger Engineer is
unable to perform service for the Corporation due to a bona fide sickness or
injury.
l. A Passenger Engineer on an authorized leave of absence who engages
in other employment not provided for in the authorized leave of absence will
forfeit all his seniority.
RULE 23- COMPULSORY
RETIREMENT
Retirement will be
compulsory at the end of the month in which a Passenger Engineer reaches 70
years of age.
RULE 24- APPROVAL OF
APPLICATION
a. Applications for employment will be rejected within 90 calendar
days after seniority date is established, or applicant will be considered
accepted. Applications rejected by the Corporation must be declined in writing
to the applicant.
b. A Passenger Engineer who has been accepted for employment in
accordance with paragraph “a” will not be terminated or disciplined by the
Corporation for furnishing incorrect information in connection with an
application for employment or for withholding information therefrom, unless the
information involved was of such a nature that the Passenger Engineer would not
have been hired if the Corporation had timely knowledge of it.
RULE 25- PHYSICAL
REEXAMINATION
a. Passenger Engineers will be subject to periodic medical
examination in accordance with Corporation policy.
b. When it is obvious that a Passenger Engineer is medically
(physically or mentally) impaired in a way that affects his service, the
Corporation may hold that Passenger Engineer out of service pending the outcome
of a medical examination. Passenger Engineers held out of service by the
Corporation because they are medically unable to perform service may have an
examination by a doctor of their own choosing without expense to the
Corporation. In case of disagreement on the Passenger Engineer’s fitness to
work, the two doctors will select a third doctor, who is a specialist in the
medical area involved, and the decision of the majority of the three as to the
Passenger Engineer’s fitness will be final. The expense of the third doctor
will be shared equally by the parties. If it is determined that the Passenger
Engineer’s condition does not warrant being held out of service, such Passenger
Engineer will be returned to service, and if it is determined that the
Passenger Engineer was medically fit to perform service at the time he was held
out of service, the Passenger Engineer will be paid for all time lost.
c. A Passenger Engineer who has accepted medical disqualification or
who was found to be properly disqualified by a neutral physician may, if there
has been a change in his medical condition as evidenced by a report of his
personal physician, request a reexamination. There will be no claim for time
lost in such case, unless the Corporation refuses to grant the reexamination or
there is unreasonable delay in applying the terms of this paragraph.
d. Where an indoor test discloses a deficiency of vision, color
perception or hearing, the Passenger Engineer will, an request, be granted a
field test, the result of which will determine his physical qualification for
service. In case of a failure to pass a vision test when examined without
corrective lenses, the Passenger Engineer will be given the opportunity for a
reexamination with corrective lenses.
RULE 26- LOCKER FACILITIES
Locker, toilet and lavatory
facilities will be provided and maintained at crew bases where Passenger
Engineers go on and off duty.
RULE 27- VACATION
The National Vacation
Agreement of April 29, 1949, as amended, will apply to employees covered by
this Agreement. The parties will make such modifications to the provisions of
the National Vacation Agreement as are necessary to conform to the basis of pay
established in Rule 2.
RULE 28- HEALTH AND WELFARE
BENEFITS
Health & Welfare
Benefits, Early Retirement Major Medical Expense Benefits, Dental Benefits and
Off-Track Vehicle Insurance will be allowed to qualified Passenger Engineers as
provided in the following standard national policies or the equivalent thereof:
Travelers GA-23000
Travelers GA-46000
Aetna
Life and Casualty Co. GP-12000
Connecticut General 0386430-06
RULE 29- UNION SHOP
a. Subject to the terms and conditions below, all Passenger Engineers
will, as a condition of their continued employment, hold or acquire union
membership in any one of the labor organizations, national in scope, organized
in accordance with the Railway Labor Act, and admitting Passenger Engineers to
membership. Nothing herein will prevent any Passenger Engineer from changing
union membership from one organization to another organization admitting
Passenger Engineers to membership.
b. Passenger Engineers will join any one of the labor organizations,
described in paragraph “a” of this Rule, within 60 calendar days of the date an
which they complete 30 days of compensated service as Passenger Engineers
within 12 consecutive calendar months, and will retain such membership during
the time they are employed as Passenger Engineers, except as otherwise provided
herein.
c. When Passenger Engineers are regularly assigned to official or
subordinate official positions or are transferred to regular assignments in
another craft, they will not be compelled to maintain membership as provided
herein, but may do so at their own option.
d. Nothing herein will require a Passenger Engineer to become or
remain a member of the Brotherhood of Locomotive Engineers if membership is not
available to him upon the same terms and conditions as apply to any other
member, or if his membership is denied or terminated for any reason other than
his failure to tender the periodic dues, initiation fees and assessments (not
including fines and penalties) uniformly required as a condition of acquiring
or retaining membership. The dues, initiation fees and assessments referred to
herein mean indebtedness accruing for these items.
e. The Brotherhood of Locomotive Engineers will keep account of
Passenger Engineers and will independently ascertain whether they comply with
union membership requirements.
f. The General Chairman of the Brotherhood of Locomotive Engineers
will notify the appropriate Labor Relations officer in writing of any Passenger
Engineer whose employment he requests be terminated because of the Passenger
Engineer’s failure to comply with union membership requirements. Upon receipt
of such notice and request, the Corporation will, as promptly as possible but
within 10 calendar days of such receipt, notify the Passenger Engineer concerned
in writing by registered or certified mail, return receipt requested, sent to
his last known address, or sent by receipted personal delivery, that he is
charged with failure to comply with the union membership requirements. A copy
of the notice will be given to the General Chairman. Any Passenger Engineer so
notified who disputes the charge that he has failed to comply with union
membership requirements will, within 10 calendar days from the date of such
notice, request the Corporation in writing to accord him a formal hearing. Such
a request will be honored by the Corporation and a date set for the formal
hearing as soon as possible, but within 10 calendar days of the date of the
receipt of the request. A copy of the notice of such formal hearing will be given
to the General Chairman. The receipt by the Corporation of a request for a
hearing will stay action on the request by the General Chairman for termination
of the Passenger Engineer’s employment until the formal hearing is held and the
final decision is rendered. If the Passenger Engineer concerned fails to
request a formal hearing as provided for herein, the Corporation will proceed
to terminate his employment at the end of 30 calendar days from receipt of the
request from the General Chairman, unless the Corporation and the Brotherhood
of Locomotive Engineers agree otherwise in writing.
g. The Corporation will determine on the basis of evidence produced
at the formal hearing whether or not the Passenger Engineer has complied with
the union membership requirements, and will render a decision accordingly. Such
a decision will be rendered within 10 calendar days of the hearing date, and
the Passenger Engineer and the General Chairman will be promptly notified. A
transcript of the hearing will be furnished to the General Chairman. If the
decision is that the Passenger Engineer has not complied with union membership
requirements, his employment as a Passenger Engineer will be terminated within
10 calendar days of the date of the decision, unless the Corporation and the
Brotherhood of Locomotive Engineers agree otherwise in writing. If the decision
of the Corporation is not satisfactory to the Passenger Engineer or to the
Brotherhood of Locomotive Engineers, it may be appealed in writing directly to
the highest officer of the Corporation designated to handle appeals. Such
appeal must be received within 10 calendar days of the date of decision
appealed from, and the decision on such an appeal will be rendered within 20
calendar days of the date the appeal is received. The decision by the highest
appeals officer of the Corporation designated to handle appeals will be final
and binding unless, within 30 calendar days thereafter, the Corporation is
notified in writing that the decision is unsatisfactory, and in such event, the
dispute may be submitted to a tribunal having jurisdiction within six months of
the date of such decision. A representative of the Brotherhood of Locomotive
Engineers will have the right to be present at and participate in any hearing
which involves the Brotherhood of Locomotive Engineers.
h. The discipline rule will not apply to union membership requirement
cases.
i. Nothing herein will be used as a basis for time or money claims
against the Corporation.
RULE 30- DUES DEDUCTION
a. Subject to the conditions herein set forth, the Corporation will
withhold and deduct from wages due Passenger Engineers represented by the
Brotherhood of Locomotive Engineers amounts equal to periodic dues, assessments
and insurance premiums (not including fines and penalties) uniformly required
as a condition of acquiring or retaining membership in the Brotherhood of
Locomotive Engineers.
b. No such deduction will be made except from the wages of a
Passenger Engineer who has executed and furnished to the Corporation a written
assignment, in the manner and form herein provided, of such periodic dues,
assessments and insurance premiums. Such assignment will be on the form
specified in Attachment “A” and will, in accordance with its terms, be irrevocable
for one year from the date of its execution.
c. Deductions as provided for herein will be made by the Corporation
in accordance with a deduction list furnished by the Treasurer of the Local
Division of the Brotherhood of Locomotive Engineers in the form specified in
Attachment “B,” which may be changed by the Corporation as conditions require.
Such list will be furnished to the Director, Payroll Operations, separately for
each Local Division. Thereafter, a list containing any additions or deletions
of names, or changes in amounts, will be so furnished to the Corporation on or
before the 20th day preceding the month in which the deductions will be made.
d. Deductions as provided for herein will be made monthly by the
Corporation from wages due Passenger Engineers for the first biweekly pay
period (or corresponding period for those paid on a weekly basis) which ends in
each calendar month, and the Corporation will pay, by draft, to the order of
the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers,
the total amount of such deductions, on or before the 10th day of the month
following the month in which such deductions are made. With the draft, the
Corporation will forward to the Treasurer of the Local Division of the
Brotherhood of Locomotive Engineers a list setting forth any scheduled
deductions which were not made.
e. No deduction will be made from the wages of
any Passenger Engineer who does not have due to him for the pay period
specified an amount equal to the sum to be deducted in accordance herewith,
after all deductions for the following purposes have been made:
1. Federal, State, and Municipal Taxes.
2. Other deductions required by law, such as
garnishments
and attachments.
3. Amounts due the Corporation.
f. Responsibility of the Corporation will be
limited to remitting to the Brotherhood of Locomotive Engineers amounts
actually deducted from the wages of Passenger Engineers as outlined herein, and
the Corporation will not be responsible financially or otherwise for failure to
make proper deductions. Any question arising as to the correctness of the
amount deducted will be handled between the Passenger Engineer involved and the
Brotherhood of Locomotive Engineers, and any complaints against the Corporation
in connection therewith will be handled by the Brotherhood of Locomotive
Engineers on behalf of the Passenger Engineer concerned.
g. A Passenger Engineer who has executed and
furnished to the Corporation an assignment may revoke said assignment by
executing the revocation form specified herein within 15 days after the end of
the year, but if the Passenger Engineer does not so revoke the assignment, it
will be considered as reexecuted and may not be revoked for an additional
period of one year, and the reexecuted assignment will similarly continue in
full force and effect and be considered as reexecuted from year to year unless
and until the Passenger Engineer executes a revocation form within 15 days
after the end of any such year. Revocation of assignment will be in writing and
on the form specified in Attachment “C,” and both the assignment and revocation
of assignment forms will be reproduced and furnished as necessary by the
Brotherhood of Locomotive Engineers without cost to the Corporation. The
Brotherhood of Locomotive Engineers will assume the full responsibility for the
procurement and the execution of said forms by Passenger Engineers, and for the
delivery of said forms to the Corporation. Assignment and revocation of
assignment forms will be delivered with the deduction list herein provided for
to the Corporation not later than the 20th of the month preceding the month in
which the deduction or the termination of the deduction is to become effective.
NOTE: The
one-year prohibition against revocation of the Wage Assignment Authorization
referred to in this paragraph “4g” has no application to a Passenger Engineer
who is changing union membership under the provisions of paragraph “a” of Rule
29, Union Shop.
h. No provision of this Rule will be used in any
manner whatsoever, either directly or indirectly, as a basis for a grievance or
time claim by or in behalf of any Passenger Engineer, and no provision herein
or any other provision of the agreement between the Corporation and the
Brotherhood of Locomotive Engineers will be used as a basis for grievance or
time claim by or in behalf of any Passenger Engineer predicated upon any
alleged violation of, or misapplication or noncompliance with, any provisions
of this Rule.
i. The Brotherhood of Locomotive Engineers will
indemnify, defend and save harmless the Corporation from any and all claims,
demands, liability, losses or damage resulting from the entering into or
complying with the provisions of this Rule.
ATTACHMENT “A”
WAGE DEDUCTION AUTHORIZATION
NATIONAL RAILROAD PASSENGER
CORPORATION
AND
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
____________________________________________________________
Print Name (Last Name, First
Name, Initial, Employee No.)
Home Address (Street and
No., City, State and Zip Code)
DIRECTOR, PAYROLL OPERATIONS
NATIONAL RAILROAD PASSENGER
CORPORATION:
I hereby
assign to the Brotherhood of Locomotive Engineers that part of my wages
necessary to pay periodic dues, assessments and insurance premiums (not
including fines and penalties) as certified to the Corporation by the Treasurer
of the Local Division of the Brotherhood of Locomotive Engineers as provided in
the Dues Deduction Rule, entered into by the Corporation and the Brotherhood of
Locomotive Engineers effective January 1, 1983, and authorize the Corporation
to deduct such sum from my wages and pay it over to the Treasurer of the Local
Division of the Brotherhood of Locomotive Engineers in accordance with the
Deduction Agreement.
____________________________________________________________
Date Signature Division Number
ATTACHMENT “B”
INSTRUCTION FOR UNION DUES
DEDUCTION FORM
Forms must be received by the end of the
prior month before
month to be deducted.
Item Field
1
Action -‘C’ = Correction/Change
to the amount to be deducted
-‘D’ = Deactivate
deduction
-‘R’ = Reactivate
deduction
2 Employee Name —Enter employee’s
full name
3 Social Security Number
—Enter employees social
security number
4 Deduction —Enter the amount to be deducted
NOTE: New member deductions will not be honored unless a properly
prepared Wage Deduction Authorization Form, signed by the employee, is received
by the Director, Payroll Operations. A revocation form is necessary when
transferring from one labor organization to another and should accompany this
form.
NATIONAL RAILROAD PASSENGER
CORPORATION
PAYROLL DEDUCTION
MAINTENANCE FORM
DATE:__________
TO: Director, Payroll Operations
FROM:SUBJECT: Union Dues Deduction
Please deduct monthly the amount shown opposite the
name of each employee listed beginning with the payroll month
of________________, 19____ . If you have been previously advised to make a
deduction from the employee listed, the amount shown will be a correction in
the amount to be deducted.
SOCIAL
EMPLOYEE SECURITY
ACTION NAME NUMBER DEDUCTION
ATTACHMENT “C”
WAGE ASSIGNMENT REVOCATION
NATIONAL RAILROAD PASSENGER
CORPORATION
AND
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
____________________________________________________________
Print Name (Last Name, First
Name, Initial, Employee No.)
Home Address (Street and
No., City, State and Zip Code)
DIRECTOR. PAYROLL OPERATIONS
NATIONAL RAILROAD PASSENGER
CORPORATION:
Effective in the next
calendar month, I hereby revoke the Wage Assignment Authorization now in effect
assigning to the Brotherhood of Locomotive Engineers that part of my wages
necessary to pay my periodic dues, assessments and insurance premiums (not
including fines and penalties), and I hereby cancel the Authorization.
____________________________________________________________
Date Signature Division
Number
RULE 31- MEAL PERIOD
a. Passenger Engineers engaged in switching and class-
ification service will be allowed 20 minutes for
lunch without deduction in pay. The lunch period must be given and completed
within four and one-half and six hours after starting work. In the event conditions
do not allow the lunch period to be taken between four and one-half and six
hours after starting work, the Passenger Engineers will be paid an additional
20 minutes at the straight-time rate and will be allowed a 20-minute lunch
period as soon as conditions permit.
b. Passenger Engineers in work, wire, wreck,
construc-
tion and snow plow service will be given a
reasonable time to eat during their trip or tour of duty.
RULE 32- HOLIDAYS
Regularly Assigned Passenger
Engineers
a. Each regularly assigned Passenger Engineer who
meets the qualifications set forth in paragraph “c”
hereof will receive eight (8) hours’ pay at the straight-time rate for each of
the following enumerated holidays:
New Year’s Day
Washington’s Birthday
Good Friday
Memorial Day
Fourth of July
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas
Day
Only one eight (8) hour payment will be paid for the
holiday, irrespective of the number of trips or tours of duty worked.
NOTE: When any of the above-listed holidays falls
on Sunday, the date observed
by the Nation will be considered the holiday.
b. Any regularly assigned Passenger Engineer who works on any of the
holidays listed in paragraph “a” will be paid at the rate of time and one-half
for all services performed on the holiday. Not more than one time and one-half
payment will be allowed, in addition to the one eight (8) hour holiday payment,
for service performed during a single trip or tour of duty on a holiday which
is also a workday or a vacation day.
c. To qualify, a regularly assigned Passenger Engineer must be
available for or perform service as a regularly assigned Passenger Engineer on
the workdays immediately preceding and following such holiday, and if his
assignment works on the holiday, he must fulfill such assignment. However, a
regularly assigned Passenger Engineer whose assignment is annulled, cancelled
or abolished, or a regularly assigned Passenger Engineer who is displaced from
a regular assignment as a result thereof on (1) the workday immediately
preceding the holiday, (2) the holiday, or (3) on the workday immediately
following the holiday will not thereby be disqualified for holiday pay,
provided he does not lay off on any of such days and makes himself available
for service on each of such days, excepting the holiday in the event the
assignment does not work on the holiday. If the holidays fall on the last day
of his work week, the first workday following his “days off’ will be considered
the workday immediately following. If the holiday falls on the first workday of
his work week, the last workday of the preceding work week will be considered
the workday immediately preceding the holiday. When one or more designated
holidays fall during the vacation period of a Passenger Engineer, the
qualifying days for holiday pay purposes will be his workdays immediately
preceding and following the vacation period.
NOTE: A regularly assigned Passenger Engineer who qualified for
holiday pay under paragraph “c” will not be deprived thereof by reason of
changing from one regular assignment to another regular assignment on the
workday immediately preceding or following the holiday or on the holiday.
d. Nothing in this Rule will be considered to
create a
guarantee or to restrict the right of the
Corporation to annul assignments on the specified holidays.
e. The terms “workday” and “holiday” refer to the day to which
service payments are credited.
Passenger Engineers Assigned
to an Extra Board
f. Each Passenger Engineer assigned to an extra board who meets the
qualifications provided in paragraph “g” will receive eight (8) hours’ pay at
the straight-time rate on any of the following enumerated holidays:
New Year’s Day
Washington’s Birthday
Good Friday
Memorial
Day
Fourth
of July
Labor
Day
Veterans
Day
Thanksgiving
Day
Christmas
Eve
Christmas
Day
Only one eight (8) hour payment will be paid for the
holiday irrespective of the number of shifts worked. If more than one shift is
worked on the holiday, the allowance of one eight (8) hour payment will be at
the rate of pay of the first tour.
NOTE: When any of the above-listed holidays falls on Sunday, the day
observed by the Nation will be considered the holiday.
g. To qualify, a Passenger Engineer assigned to an extra board must
perform service or be available for service on the full calendar day of the
holiday and on the full calendar days immediately preceding and immediately
following the holiday.
NOTE
1: A Passenger Engineer assigned to an extra
board whose service status changes from a Passenger Engineer assigned to an
extra board to a regularly assigned Passenger Engineer or vice versa on one of
the qualifying days will receive the basic day’s pay provided in paragraph “f,”
provided (1) he meets the qualifications set forth in paragraph “g” on the day
or days he is a Passenger Engineer assigned to an extra board, and (2) he meets
the qualifications set forth in paragraph “b” on the day or days he is a
regularly assigned Passenger Engineer, provided further, that a regularly
assigned Passenger Engineer who voluntarily changes his service status to a
Passenger Engineer assigned to an extra board on any of the three qualifying
days will not be entitled to receive the pay provided for in paragraph “f.”
NOTE
2: A Passenger Engineer assigned to an extra
board will be deemed to be available if he is ready for service and does not
lay off of his own accord.
NOTE
3: When one or more designated holidays fall
during the vacation period of a Passenger Engineer assigned to an extra board,
his qualifying days for holiday pay purposes will be his workdays immediately
preceding and following the vacation period.
h. Any Passenger Engineer assigned to an extra board who works on any
of the holidays listed in paragraph “f” will be paid at the rate of time and
one-half for all services performed on the holiday. Not more than one time and
one-half payment will be allowed, in addition to the one eight (8) hour holiday
payment, for service performed during a single tour of duty on a holiday.
i. The terms “calendar day” and “holiday” on which service is
performed refer to the day to which service payments are credited.
RULE 33- CHOICE HOLIDAY
Passenger Engineers covered
by this Agreement will receive a choice holiday” as an eleventh holiday, in
lieu of a workday, subject to the qualifying requirements of the Holiday Rule,
except that they will not be required to work or to be available for work on
the “choice holiday” to qualify for holiday pay for such “choice holiday” if
they so elect. Such day will be selected by the Passenger Engineer, consistent
with the requirements of service, upon 48 hours’ advance notice to the Corporation.
The “choice holiday” request must be made before October 12 of each year.
Failing to do so, such “choice holiday” will be assigned by management.
RULE 34- CONFERENCES
Conferences between officers
of the Corporation and duly accredited representatives will be held without
cost to the Corporation. When duly accredited representatives are required to
report for a conference at the direction of the Corporation, they will be
compensated for the time engaged in the conference, with a minimum of four
hours.
RULE 35- SEVERABILITY
If any Rule or provision of
this Agreement is at any time determined to be in conflict with any law, such
Rule or provision will continue in effect only to the extent permitted by law.
If any Rule or provision of this Agreement is or becomes invalid or
unenforceable, such invalidity or unenforceability will not affect or impair
any other term or provision of this Agreement.
RULE 36- SHORTAGE ADJUSTMENT
When a Passenger Engineer’s
actual earnings are short one day or more, adjustment will be made upon
request.
RULE 37-STARTING TIMES
a. Regularly assigned Passenger Engineers engaged in switching and
classification service will each have a fixed starting time which will not be
changed without at least 48 hours’ advance notice.
b. Where three eight-hour shifts are worked in contin-uous service,
the time for an assignment on the first shift to begin work will be between
6:00 a.m. and 10:00 a.m., the second shift, 2:00 p.m. and 6:00 p.m., and the
third shift, 10:00 p.m. and 2:00 a.m.
c. Where two shifts are worked in continuous
service,
the time for an assignment on the first shift to
begin work will be during any one of the periods named in paragraph “b.”
d. Where two shifts are not worked in continuous
service, the time for an assignment on the first
shift to begin work will be between the hours of 6:00 a.m. and 11:00 a.m., and
on the second shift, not later than 2:00 a.m.
e. At points where there is only one regular yard
assignment, the assignment may be started at any
time subject to paragraph “a.”
f. Where an independent assignment is worked regularly, the
assignment may be started during one of the periods provided for in paragraph
“b” or “d.”
g. An extra yard assignment may be started during one of the periods
provided for in paragraph “b” or “d.”
h. If a Passenger Engineer is started at a time other than provided
for in paragraph “b” or “d,” he will be paid from the last permissible starting
time until released from duty.
Signed at Washington, D.C., this 26th day of
October, 1982.
FOR
THE NATIONAL RAILROAD FOR THE
BROTHERHOOD OF
PASSENGER CORPORATION LOCOMOTIVE ENGINEERS
_______________________ _______________________
G. F. Daniels, Vice
President W. J. Wanke
Labor Relations First
Vice President
______________________________ ______________________________
G. R. Weaver, Jr. Assistant J. P. Carberry
Vice President, Labor Relations Vice
President
______________________________ ______________________________
J. K. Shoemaker, Assistant T. J. Cavan
Vice President, Transportation General
Chairman
______________________________ ______________________________
H. R. Henderson, Deputy
General Harold A. Ross
Counsel General
Counsel
______________________________
L.
D. Miller, Manager, Labor
Relations
MEMORANDUM OF AGREEMENT
COVERING THE ESTABLISHMENT
OF A
JOINT LABOR/MANAGEMENT
PRODUCTIVITY COUNCIL
I. The Corporation and its employees share the mutual objective of
enhancing Amtrak’s survival, and an important factor to be addressed is that of
improving the productivity of both management and labor. The parties recognize
that there is a reservoir of untapped employee input to constructive
productivity improvement and agree to the following as a means of accomplishing
our objective:
II. The parties will establish a Joint Labor/
Management
Productivity Council, which will consist of two
representatives from the Brotherhood of Locomotive Engineers (BLE) and an equal
number of management representatives. The Council will select a neutral public
member who shall serve as Chairman.
III. The Council will examine all aspects of Amtrak train operations for
the purpose of identifying those areas which have an impact on the productivity
of the Corporation and its employees and make specific recommendations for
changes. No recommendation will be made which will infringe on the collective
bargaining agreement of the BLE without the approval of the BLE. Several areas
will be examined, including (but not limited to):
absenteeism training
employee morale working environment
management practices work force distribution,
revenue-to-cost ratio
including the ratio of
stress from high speed runs
management to union
alcohol abuse employees
equipment improvement
IV. The Council will establish such local task forces as are necessary
to ensure a comprehensive analysis and review of each phase of Amtrak’s existing
operation.
Local Productivity Task
Forces will consist of an equal number of management and BLE employees and will
be responsible directly to the Council.
Local task forces will
recommend changes and may institute experimental programs embodying such
recommendations, if approved by the Council.
V. The Council will issue the following reports:
1. 120 days after formation—report to the
President
of the BLE and the President
of Amtrak on the organization of the Council, its ground rules and the local
task forces established.
2. 360 days after formation—interim report to
the President of BLE and the President of Amtrak on the findings of Council,
local experiments, recommendations, etc.
3. Such additional interim reports to the
President of the BLE and the President of Amtrak, as the Council deems
necessary or desirable.
4. June 1, 1984—final report of Council
submitted to the President of the BLE, the President of Amtrak and the
Secretary of Transportation, and the chairmen of the Senate and House
committees having jurisdiction over Amtrak matters. The Productivity Council
will terminate, unless otherwise agreed to by the parties, 30 days after the
date the recommendations have been made.
The final report will:
(a) summarize the activities of the Council and
the local task forces;
(b) outline the findings of the Council and the
results of any specific experiments conducted;
(c) make recommendations for changes by the
parties
which will enhance the
productivity of the
Corporation.
FOR THE BROTHERHOOD OF FOR THE NATIONAL RAILROAD
LOCOMOTIVE ENGINEERS PASSENGER CORPORATION
_______________________ ___________________________
W. J. Wanke G. F. Daniels
First Vice President Vice President
October 26, 1982
Letter No. 1
Mr. W J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Wanke:
This is to confirm that
during negotiation of the Agreement between the National Railroad Passenger
Corporation and the Brotherhood of Locomotive Engineers signed this date it was
agreed that the provisions of the “Agreed Upon Implementation of Public Law 97-262,”
signed September 28, 1982, contained in Article I—General Wage Increases, and
Article Il—Cost of Living Adjustments, will be applicable to all employees
covered by the Agreement signed this date, with the following exceptions:
1. Any general wage increases or cost-of-living
increases to be effective prior to January 1, 1983, will not be applicable.
2. Amtrak will apply the national increases,
including cost-of-living increases, payable in calendar year 1983, less the
first three percent.
Further, this confirms our
understanding that the parties agree to refrain from serving notices pursuant
to Section 6 of the Railway Labor Act regarding the rates of pay, rules, or
working conditions covered in the Agreement signed this date prior to January
1, 1984, or from exercising their respective self-help rights with respect to
any matters covered by said Agreement, except upon 30 days’ advance written
notice served on or after July 1, 1984. Proposals properly served under the
Railway Labor Act on matters that are not covered by the Agreement signed this
date and that do not request compensation may be served and progressed under
the provisions of the Railway Labor Act, as amended.
Please indicate your
concurrence by affixing your signature in the space provided below.
Very truly yours,
G. F. Daniels
Vice President
Labor Relations
I CONCUR:
_______________________
W. J. Wanke
First Vice President
Amtrak October 26,
1982
Letter No. 2
Mr. W. J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Wanke:
During
negotiation of the Agreement dated October 26, 1982, it was recognized that the
elimination of the mileage basis of pay would require the employees regularly
assigned in Amtrak’s Washington to New York and Boston to New Haven services to
work an increased number of trips per month. Accordingly, in order to provide a
reasonable transition from the current 10 and 13 trips per month in such
services to the five-day per week arrangement which will be established
pursuant to the Agreement signed this date, it was further agreed that:
1. For
a three-year period commencing January 1, 1983, Passenger Engineers regularly
assigned in Amtrak’s New York to Washington service will be guaranteed annual
earnings of $42,076.80, which amount is equivalent to the annualized earnings
which would be produced for 10 trips per month on the former mileage basis at
the rate of pay in effect on Conrail as of December 31, 1982.
2. For
a three-year period commencing January 1, 1983, Passenger Engineers regularly
assigned in Amtrak’s Boston to New Haven service will be guaranteed annual
earnings of $37,996.92, which amount is equivalent to the annualized earnings
which would be produced for 13 trips per month on the former mileage basis at
the rate of pay in effect on Conrail as of December 31, 1982.
3. The
annual earnings guarantee provided in paragraphs 1 and 2 above will be
accomplished by establishing a minimum pay for each completed trip during the
guarantee period. The “minimum pay for each completed trip” will be adjusted
each year during the guarantee period to coincide with the transition from 10
and 13 trips to five days per week, and will be determined by dividing the
appropriate annual earnings guarantee by the total number of trips, as set
forth in paragraph 4 below, for each year in the three-year guarantee period.
4. The
principles set forth in paragraph 3 above will be implemented in accordance
with the following schedule:
A. New York-Washington Service:
1983 Total 1983 1984 Total 1984 1985 Total 1985 Trips/ 1983 Pay/ Trips/ 1984 Pay/ Trips/ 1985 Pay/Position Month Trips Trip Month Trips Trip Month Trips TripPassengerEngineer 13 156 269.72
15 180 233.76 17 204 206.25
B. Boston-New Haven Service:
1983 Total 1983 1984 Total 1984 1985 Total 1985 Trips/ 1983 Pay/ Trips/ 1984 Pay/ Trips/ 1985 Pay/Position Month Trips Trip Month Trips Trip Month Trips TripPassengerEngineer 15 180 211.09
17 204 186.26 19 228 166.65
5. Any special allowances to which an employee
may be entitled will be paid in addition to the “minimum pay for each completed
trip” set forth in paragraph 4 above. Extra employees will not be entitled to
the annual guarantee earnings provided by paragraphs 1 and 2 of this letter of
understanding; however, the “minimum pay for each completed trip” will be
applicable to extra employees for any completed trip worked in the service
covered by this letter of understanding.
6. The terms and conditions of this letter of
understanding will terminate on December 31, 1985, and thereafter, the
applicable provisions of the collective bargaining agreement will govern.
It is
further understood that for a three-year period, commencing January 1, 1983,
Passenger Engineers regularly assigned in Amtrak’s Harrisburg to Philadelphia
service will be guaranteed an assignment working approximately 24 trips per
month, which, if the days available are worked, will produce an amount
equivalent to or in excess of the annualized earnings of $41,969, which would
be produced from 10 round trips on a five-day week (about 22 trips per month)
on the former mileage basis at the rate of pay in effect on Conrail as of
December 31, 1982.
If the
foregoing properly sets forth our understanding, please indicate your
concurrence by affixing your signature in the space provided below.
Very
truly yours,
G. F.
Daniels
Vice
President
Labor
Relations
I CONCUR:
_______________________
W. J. Wanke
First Vice President
October
26, 1982
Letter
No. 3
Mr. W. J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Wanke:
This has
reference to our discussions during negotiation of Rule 2 “Classifications and
Basis of Pay” of the Agreement signed this date. During such discussions, the parties agreed to the establishment
of a single hourly rate of pay for all such employees.
In the
establishment of such single, or common, basis of pay, it was understood:
1. Except
where special arrangements have been agreed to by the parties, regular
assignment which contemplate a combination of traditional road passenger work
and traditional road freight and/or yard work are not permissible.
2. Road
Passenger Engineers may be required to perform any work necessary in the
handling of cars of their own train or trains, provided that setting off or
picking up such cars will be limited to straight moves.
3. Yard
Passenger Engineers may perform any service covered by the provisions of this
Agreement, but will not be used to perform service outside the limits of their
crew base except in emergency situations.
If Yard Passenger Engineers are sent outside of their crew base in an
emergency to assist in the movement of a train, they may advance the train only
toward their crew base and may perform any service relating to the movement of
the train, including intermediate station stops.
Very
truly yours,
G. F. Daniels
Vice President
Labor
Relations
I CONCUR:
_______________________
W. J. Wanke
First Vice President
October 26, 1982
Letter No. 4
Mr. W. J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Wanke:
During negotiation of the
Agreement dated October 26, 1982, it was agreed that Amtrak will provide all
Passenger Engineers with a baseball type hat that identifies them as “Amtrak
Passenger Engineers.”
It was further agreed that
the Brotherhood of Locomotive Engineers would participate in the selection and
design of the hat and that a Passenger Engineer will not be required to wear
such hat while on duty.
Please indicate your
concurrence by affixing your signature in the space provided below.
Very truly yours,
G. F. Daniels
Vice President
Labor Relations
I CONCUR:
___________________
W. J. Wanke
First Vice President
October 26, 1982
Letter No. 5
Mr.
W. J. Wanke
First
Vice President
Brotherhood
of Locomotive
Engineers
1116
BLE Building
1365
Ontario Avenue
Cleveland,
Ohio 44114
Dear
Mr. Wanke:
This will confirm the
understanding reached during negotiation of the Agreement between the National
Railroad Passenger Corporation and the Brotherhood of Locomotive Engineers
signed this date that in lieu of personal leave days, a lump-sum payment will
be made not later than the first payroll period ending in July, 1983, to
employees covered by that Agreement who would have qualified for such lump-sum
payment pursuant to the “Agreed Upon Implementation of Public Law 97-262,” had
they continued employment with the Consolidated Rail Corporation.
Any employee qualifying for
the lump-sum payment will receive $230.00, if the employee’s first service
performed on or after January 1, 1982, was as a locomotive engineer; otherwise,
the lump-sum payment will be $200.00. There will be no duplication of lump-sum
payments by virtue of employment under any agreement with another organization
or employment with any other employer.
If the foregoing properly
sets forth our understanding, please indicate your concurrence by affixing your
signature in the space provided below.
Very truly yours,
I
CONCUR: G. F.
Daniels
Vice President
Labor Relations
___________________
W. J. Wanke
First Vice President
October 26, 1982
Letter No. 6
Mr. W. J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Wanke:
This will confirm the
understanding reached during the negotiation of the Agreement dated October 26,
1982.
In the event Amtrak assumes
operation of commuter trains or acts for or on behalf of commuter agencies in
the operation of commuter trains, the following rule will be effective with
respect to Passenger Engineers employed in the operation of such trains:
Passenger Engineers whose
assignment includes short
turnaround passenger runs, no single trip of which
is scheduled to exceed two hours, will be paid overtime for all time actually
on duty, or held for duty, in excess of eight hours (computed on each run from
the time required to report for duty to the end of that run) within nine
consecutive hours. Time will be counted as continuous service in all cases
where the interval of release from duty at any point does not exceed one hour.
Please indicate your concurrence
by affixing your signature in the space provided below.
Very truly yours
G. F.
Daniels
I
CONCUR: Vice
PresidentLabor Relations
___________________
W. J. Wanke
First Vice President
October 26, 1982
Letter No. 7
Mr. W. J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Wanke:
This is to confirm that
during negotiation of the Agreement between the National Railroad Passenger
Corporation and the Brotherhood of Locomotive Engineers signed this date, it
was agreed that in the event the employees covered by that Agreement are
awarded any transfer or seniority rights with any commuter authority by any
arbitration award, judicial decision or legislation, they may exercise those
rights and retain any seniority or the right to obtain seniority on Amtrak,
with the further right to exercise said rights once every six-month period, as
specified in the Agreement made this date between the National Railroad
Passenger Corporation, Consolidated Rail Corporation and Brotherhood of
Locomotive Engineers pursuant to Section 1165 of the Northeast Rail Service Act
of 1981.
If the foregoing properly
sets forth our understanding, please indicate your concurrence by affixing your
signature in the space provided below.
Very truly yours,
G. F. Daniels
Vice President
Labor Relations
I CONCUR:
___________________
W. J. Wanke
First Vice President
October
26, 1982
Letter
No. 8
Mr. W J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Wanke:
This
will confirm the understanding reached during negotiation of the Agreement
between the National Railroad Passenger Corporation and the Brotherhood of
Locomotive Engineers signed this date that on any occasion that the
differential in “compensation” paid the Passenger Engineer falls below 110.4%
of the compensation paid any other member of the crew on that assignment, the
total compensation of the Passenger Engineer on the assignment will be adjusted
to maintain the 110.4% differential.
If the
foregoing properly sets forth our understanding, please indicate your
concurrence by affixing your signature in the space provided below.
Very
truly yours,
G. F. Daniels
Vice President
Labor
Relations
I CONCUR:
__________________
W. J. Wanke
First Vice President
October 26, 1982
Letter No. 9
Mr W J Wanke
First Vice President
Brotherhood of Locomotive Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Wanke:
During negotiation of the Agreement
signed this date, it was agreed that the Agreed To Questions and Answers
concerning the Brotherhood of Locomotive Engineers National Rule on Bereavement
Leave and Jury Duty would be part of this Agreement.
Please indicate your
concurrence by affixing your signature in the space provided below.
Very truly yours,
G. F. Daniels
Vice President
Labor Relations
I CONCUR:
__________________
W. J. Wanke
First Vice President
October 26, 1982
Letter No. 10
Mr. W J. Wanke
First Vice President
Brotherhood of Locomotive
Engineers
1116 BLE Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Wanke:
During negotiation of the
Agreement signed this date, it was agreed that Amtrak would provide a list of
where lodging would be provided to Passenger Engineers in the Northeast
Corridor. The list is:
Boston,
MA Essex Hotel
Essex Street at
Atlantic Avenue
Boston, MA 02110
New
Haven, CT Holiday Inn-Downtown
30 Whalley Avenue
New Haven, CT
06511
New
York, NY Southgate Hotel
371 7th Avenue
New York, NY 10001
Philadelphia,
PA Penn Center Inn
Market at 20th
Street
Philadelphia, PA 19103
Washington,
DC Bellevue Hotel
15 E Street, N.W.
Washington, DC 20001
Very truly yours,
G. F. Daniels
Vice President
Labor Relations
October 26, 1982
Letter No. 11
Mr. T. J. Cavan
General Chairman
Brotherhood of Locomotive Engineers
5301 Jonestown Road
Harrisburg, PA 17112
Dear Mr. Cavan:
During negotiation of the
Agreement dated October 26, 1982, it was agreed that engines will be supplied
with fuel, water, sand and have all equipment that is necessary for the service
to be performed. Engines will also be equipped to comply with statutory requirements
relating to the health and comfort of the Passenger Engineer.
It was also agreed that when
engines are dispatched from engine facilities where enginehouse forces are
employed and on duty at the time of dispatchment, engines will be supplied and
cleaned by enginehouse forces. Passenger Engineers will not be required to
supply engines.
It was further understood
that Passenger Engineers will be responsible for knowing that their engines are
properly equipped and serviced. Passenger Engineers will report any defects
that come to their attention.
Please indicate your
concurrence by affixing your signature in the space provided below.
Very truly yours,
G. R. Weaver, Jr.
Assistant Vice President
Labor Relations
I CONCUR:
____________________
T. J. Cavan
General Chairman
APPROVED:
______________________ ________________________
W. J. Wanke G. F. Daniels,
Vice
First Vice President President, Labor Relations
AGREEMENT ENTERED INTO THIS 20th DAY OF OCTOBER,
1982 BETWEEN THE EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE
ENGINEERS, AMTRAK AND CONSOLIDATED RAIL CORPORATION (CONRAIL) PURSUANT TO
SECTION 1165 OF THE NORTHEAST RAIL SERVICE ACT OF 1981 (NRSA)
WHEREAS the Congress enacted the
Northeast Rail Service Act of 1981 providing in Section 1165 thereof that
Conrail shall be relieved of the responsibility to provide crews to Amtrak for
intercity passenger service on the Northeast Corridor effective January 1,
1983; and
WHEREAS Section 1165 also provides
that the employees of Conrail with seniority in both freight and passenger
service shall have the right to move from one service to the other once each
six-month period; and
WHEREAS Section 1165 mandates that
Conrail, Amtrak and the representatives of Conrail’s employees with seniority
in both freight and passenger service agree to the terms and conditions by
which said employees of Conrail who become employees of Amtrak shall retain
their seniority with Conrail with flowback rights, by December 8, 1982, or
submit the matter to binding arbitration;
NOW, THEREFORE, it is agreed that the
following terms and conditions are in conformity with and do implement the
provisions of Section 1165 of NRSA with respect to the craft of locomotive
engineers represented by the Brotherhood of Locomotive Engineers:
I. SENIORITY
A. All Conrail employees holding seniority rights within the craft of
locomotive engineers as of December 31, 1982 shall have the opportunity to
exercise those rights to passenger service on Amtrak effective January 1, 1983,
and on each and every April 1st and October 1st thereafter, in accordance with
the provisions of this Agreement.
B. The standing of Conrail employees on the Amtrak Passenger
Engineers Seniority Roster during each six-month period commencing on April 1,
1983, as described in Article I.A. above, shall be in accordance with the Order
Selection List provided for in Article III.B.
C. Any employees hired by Amtrak subsequent to January 1, 1983, in
the craft or class of Passenger Engineers represented by BLE, other than those
Conrail employees identified in Article I.A. of this Agreement, will establish
seniority in accordance with the applicable Amtrak agreement governing rates of
pay and working conditions.
II. NUMBER OF EMPLOYEES TO BE TRANSFERRED
A. The number of positions to be set forth on the Order Selection
List for Amtrak Passenger Engineers will be equal to 125% of the number of
positions, regular and extra, required for the operations of intercity
passenger trains and other yard service assignments supporting such operations
within the NEC as of August 1, 1982.
B. The number of Amtrak
Passenger Engineers positions advertised for bid and award will be equal to the
number of positions, regular and extra, required in the operation of intercity
passenger trains and yard service supporting operations within the NEC as of
January 1, 1983.
III. TRANSFER OF EMPLOYEES
A. A special advertising bulletin will be posted on Conrail advising
qualified employees under Article I.A. of their right to indicate interest in
obtaining employment as Passenger Engineers on the NEC region of Amtrak. Such
bulletin will be posted from October 25, 1982 to November 4, 1982.
B. Conrail employees qualified under Article I.A. equal to the number
of positions referred to in Article II.A., who indicate a desire to transfer to
Amtrak NEC in writing to the official designated in the bulletin described in
Article III.A., will be placed on the Order Selection List, which will become
the Passenger Engineers Seniority Roster for Amtrak NEC, and will be eligible
to bid for positions advertised under Article IV.A. of this Agreement. Placement
of employees according to seniority on the Order Selection List will be in
accordance with Appendix “A” of this Agreement.
C. Employees who are on suspension, discharge pending appeal,
disability, leave of absence or are full-time Union Representatives during the
period specified in Article III.A. who would otherwise have been entitled to
transfer to Amtrak NEC under the provisions of this Agreement, may within five
working days following their return to service with Conrail, exercise seniority
against a junior employee on Amtrak NEC.
IV. OFFERS
OF EMPLOYMENT AND ACCEPTANCE OF EMPLOYEES
A. The Amtrak NEC Passenger Engineer positions referred to in Article
II.B. will be advertised by special bulletin to the employees on the Seniority
Roster established pursuant to Article III.B. from November 15, 1982 through
November 26, 1982. Awards of positions shall be posted on December 17, 1982,
and the jobs will be effective January 1, 1983.
B. Any employee who is on the Order Selection List who either fails
to bid or withdraws the bid and would have otherwise been awarded a position
shall be removed from the Order Selection List (Seniority Roster) and will be
permitted displacement rights to Conrail on January 1, 1983.
C. The advertising bulletin will include the following statement:
“This will serve as notice
that these positions will be established on the NEC Region of Amtrak effective
January 1, 1983. The successful applicants for positions with the NEC Region of
Amtrak will be considered as having applied for and been accepted for
employment by Amtrak. The bid and award will also be considered as the
employee’s release to transfer copies of the employee’s service and personnel
records to Amtrak.”
D. The successful applicants will become employees of Amtrak effective
January 1, 1983.
E. Unsuccessful applicants will retain their place on the Order
Selection List as provided for in Article II.B. and will be permitted
displacement rights on Conrail on January 1,1983. Unsuccessful applicants
regularly assigned to Conrail yard or freight assignments will remain on such
assignments.
F. Vacancies on Amtrak positions which occur after the
awards are made under Article IV.A. (and before
January 1, 1983) shall be advertised to Conrail employees on the Order
Selection List who were unsuccessful applicants, and if vacancies still remain,
in accordance with the applicable Conrail collective bargaining agreement. All
such advertisements shall contain the statement contained in Article IV.C.
V. RETENTION OF CONRAIL SENIORITY
A. Employees transferred to Amtrak pursuant to Article IV. of this
Agreement shall retain and continue to accumulate seniority on Conrail and
shall be entitled to exercise such seniority under the following circumstances:
1. If deprived of employment as a Passenger
Engineer on Amtrak.
“Deprived of Employment,” as used herein, means the inability of an employee
covered by this Agreement to obtain a position in the normal exercise of his
seniority rights as a Passenger Engineer with Amtrak. It shall not, however,
include a deprivation of employment by reason of retirement, separation
allowance, resignation, dismissal or disci-plinary suspension for cause, work
stoppage or failure to work due to illness or disability. Employees who are
deprived of employment as Passenger Engineers must exercise Conrail seniority
rights and will be considered furloughed Amtrak Passenger Engineers with rights
to recall in accordance with the appropriate Amtrak agreement.
2. On April 1 and October 1 of each year, by
written notice by the employees to Conrail, Amtrak, and the BLE General
Chairman at least thirty (30) days in advance thereof.
B. Employees returning to Conrail pursuant to Articles V.A.1. and 2.
above shall exercise their Conrail seniority in accordance with the applicable
Conrail Displacement Rule.
C. Employees returning to Conrail pursuant to Articles V.A.1. and 2.
above will retain and continue to accumulate Amtrak seniority in accordance
with the applicable Amtrak agreement.
D. Employees returning to Conrail pursuant to Articles V.A. 1. and 2.
will be permitted to exercise their Passenger Engineer seniority rights on
Amtrak on April 1 and October 1 of each year.
VI. EMPLOYEES
EXERCISING CONRAIL AND/OR
AMTRAK
RIGHTS
As required by Section 1165
of NRSA, Conrail and Amtrak shall have the right to furlough one employee in
applicable service for each employee who returns through the exercise of
seniority.
VII. EMPLOYMENT OPPORTUNITIES—UNSUCCESSFUL
INITIAL
BIDDERS ON THE AMTRAK NEC ROSTER—SUBSEQUENT EMPLOYMENT
OPPORTUNITIES ON AMTRAK
A.
Any Passenger Engineer position
advertised after
January 1, 1983, and not filled by then current
Amtrak Passenger Engineers in accordance with the Amtrak collective bargaining
agreement, will be offered first to Conrail employees on the Amtrak NEC
Seniority Roster established pursuant to Article III.B. who were not successful
bidders under Article IV.A. If any such positions remain vacant, or there
becomes a need for new Passenger Engineers, Amtrak will offer such positions to
Conrail employees with seniority dates as locomotive engineers prior to January
1, 1983 in seniority order who have indicated, in writing to Amtrak and
Conrail, their desire for employment by Amtrak.
B. On April 1, 1983, and on each April 1st and October 1st
thereafter, any Conrail employee covered by this Agreement shall be entitled to
exercise the right to move to service as a Passenger Engineer on Amtrak by
notifying both Conrail and Amtrak in writing by the preceding March 1st or
September 1st of the desire to exercise that right. The determination as to
which employees may exercise such rights will be made on the basis of Conrail
seniority. An eligible employee will be placed on the Order Selection List
(Seniority Roster) in accordance with Appendix “A,” and will be assigned the
position held by the Passenger Engineer which he displaces on the Order
Selection List until all positions are advertised incident to the change of
timetable. Employees displaced and unable to obtain a position as a Passenger
Engineer on Amtrak must exercise Conrail seniority rights and will be
considered furloughed Amtrak Passenger Engineers with rights to recall in
accordance with the appropriate Amtrak agreement.
C. On April 1, 1983, and on each April 1st and October 1st
thereafter, any Amtrak employee covered by this Agreement shall be entitled to
exercise the right to move to Conrail by notifying Amtrak, Conrail and the BLE
General Chairman in writing by the preceding March 1st or September 1st of the
desire to exercise that right. Employees returning to Conrail pursuant to this
Article VII.B. shall exercise their Conrail seniority in accordance with the
applicable Conrail Displacement Rule.
D. In the event that the number of employees who move from Conrail to
Amtrak is insufficient to fill the required Passenger Engineer positions those positions
shall be filled by recalling furloughed Conrail employees in seniority order.
When the number of such unfilled positions exceeds 10 percent of the total
number of Passenger Engineers in Amtrak service, junior incumbent Passenger
Engineers exceeding 10 percent shall remain on their positions until they are
replaced by employees recalled from furlough.
E. Employees entering the employ of Amtrak under this Article VII.
will obtain Amtrak seniority in accordance with Article I.B. and exercise same
under the applicable Amtrak collective bargaining agreement.
F. Conrail employees accepted for employment by Amtrak under this
Article VII. will retain and accumulate seniority on Conrail. Said employees
returning to Conrail shall retain their rights on Amtrak as set forth in
Article V.D.
VIII. VACATION
ELIGIBILITY, ETC.
A. Subject to the provisions of the applicable Amtrak collective
bargaining agreement, compensated days and years of service recognized by
Conrail shall be used in determining eligibility for benefits such as vacation
for employees transferred under Articles III, IV, or VII. Conversely,
compensated days and years of service with Amtrak shall be used in determining
eligibility for benefits such as vacation of employees returning to Conrail
under Articles V or VII.
B. In the calendar year 1983, Conrail employees transferred to Amtrak
in accordance with this Agreement shall be granted not less than the number of
vacation days with pay they would have received under the applicable Conrail
agreement.
C. Service performed for Conrail prior to January 1, 1983 shall be
considered in determining eligibility for holiday pay for New Year’s Day that
may be provided in the applicable Amtrak collective bargaining agreement.
D. There shall be no pyramiding or duplication of any benefit in the
application of any portion of this Agreement.
IX. DISPUTES
Any dispute or controversy
with respect to the interpretation, application or enforcement of the
provisions of this Agreement which has not been resolved within 60 days, may be
submitted by any of the parties to an Adjustment Board for a final and binding
decision thereon as provided for the Section 3, Second of the Railway Labor
Act. This time limit may be waived by mutual agreement.
X. COUNTERPARTS
This Agreement may be signed
in any number of counterparts, each of which shall be deemed an original.
Signed at Washington, D.C. this 20th day of October,
1982.
FOR
CONSOLIDATED RAIL FOR THE
BROTHERHOOD OF
CORPORATION: LOCOMOTIVE ENGINEERS
R.
E. Swert W. J. Wanke
Vice
President—Labor Relations First Vice
President
FOR
THE NATIONAL RAILROAD J. P.
Carberry
PASSENGER
CORPORATION: Vice President
G.
F. Daniels T. J. Cavan
Vice
President-Labor Relations General
Chairman
Harold A. Ross
General Counsel
Appendix “A’
Page 1 of 2
The following procedures
will be instituted to establish the Order Selection List and Amtrak’s Passenger
Engineers Seniority Roster provided for in Article III of the implementing
agreement governing the transfer of engine service employees to Amtrak in
accordance with Section 1165 of the Northeast Rail Service Act of 1981,
(codified at 45 USC 1113).
I. The number of engine service employees by
prior prior right seniority district that were employed in the service,
including assignments supporting such service as of August 1, 1982 are:
Conrail Seniority District
“G”:
New
York Division 84.10
Maryland
Division 63.85
Harrisburg
Division 18.40
Philadelphia
Terminal 8.00
Conrail Seniority District
“F”:
Shore
Line Division 56.50
Providence
Division 16.00
246.85
II. On the basis of the above figures, the
percentage allocations to be used in placing employees on the Order Selection
List are:
Conrail Seniority District
“G”:
New
York Division 34.07%
Maryland
Division 25.87%
Harrisburg
Division 7.45%
Philadelphia
Terminal 3.24%
Conrail Seniority District
“F”:
Shore
Line Division 22.89%
Providence
Division 6.48%
100.00%
The specific Order Selection
List is as indicated in Appendix “B.”
III. Engineers
will be placed on the Order Selection List on the basis of their prior prior or
prior right seniority.
Appendix “A’
Page 2 of 2
In the event there are
insufficient applications from employees with prior prior rights to fill the
allocated numbers for any of the Penn Central prior prior right districts, the
remaining employees below the last prior prior right employee of that district
will be drawn from prior right Penn Central employees and placed on the Order
Selection List on the basis of their prior right Penn Central roster standing.
In the event there are
insufficient applications from employees with prior prior rights to fill the
allocated numbers for any of the New Haven prior prior right districts, the
remaining employees below the last prior prior right employee of that district
will be drawn from the prior right New Haven Employees Combined Roster, dated
10-31-68, and placed on the Order Selection List on the basis of their prior
right New Haven Combined Roster standing.
Vacancies remaining on the
Order Selection List, following the exercise of prior prior and prior rights,
will be filled with applicants from the appropriate Conrail roster on the basis
of their Conrail seniority.
IV. As long as there are prior right employees on the Order Selection
List, the standing of the employees will reflect the determined allocation as
set forth in Article II of this Appendix.
Appendix “B”
Page 1 of 2
PASSENGER ENGINEERS ORDER
SELECTION LIST
(NEC Region of Amtrak)
Seniority Districts
(Conrail Seniority Districts “G” & “F”)
Engineers Percentage
New
York Division 84.10 = G-NY = 34.07%
Maryland
Division 63.85 = 0-MD = 25.87%
Harrisburg
Division 18.40 = G-HB =
7.45%
Philadelphia
Terml. 8.00 = G-PT =
3.24%
Shore
Line Division 56.50 = F-SL =
22.89%
Providence
Division 16.00 = F-PV = 6.48%
246.85 100.00%
Seniority Seniority Seniority
OSN District OSN District OSN District
1 G-NY 27 G-MD 53 G-MD
2 G-MD 28 G-NY 54 F-PV
3 F-SL 29 G-MD 55 G-NY
4 G-NY 30 F-SL 56 F-SL
5 G-MD 31 G-NY 57 G-MD
6 G-NY 32 G-MD 58 G-NY
7 F-SL 33 F-SL 59 F-SL
8 G-HB 34 G-HB 60 G-MD
9 F-PV 35 G-NY 61 G-HB
10 G-MD 36 G-MD 62 G-NY
11 G-NY 37 F-SL 63 G-MD
12 F-SL 38 G-NY 64 F-SL
13 G-NY 39 F-PV 65 G-NY
14 G-MD 40 G-NY 66 G-MD
15 F-SL 41 G-MD 67 F-SL
16 G-PT 42 F-SL 68 G-NY
17 G-NY 43 G-NY 69 G-NY
18 G-MD 44 G-MD 70 G-MD
19 G-NY 45 G-NY 71 F-SL
20 F-SL 46 F-SL 72 G-NY
21 G-HB 47 G-HB 73 G-HB
22 G-MD 48 G-PT
74 G-NY
23 G-NY 49 G-NY 75 G-MD
24 F-PV 50 G-MD 76 G-PT
25 F-SL 51 F-SL 77 F-SL
26 G-NY 52 G-NY 78 G-NY
Appendix “B”
Page 2 of 2
Seniority Seniority Seniority
OSN District OSN District OSN District
79
G-MD 87 G-MD 95 G-NY
80
F-SL 88 G-HB 96 G-HB
81
G-NY 89 F-SL 97 G-NY
82
G-MD 90 G-NY 98 G-MD
83
G-NY 91 G-MD 99 F-SL
84
F-SL 92 G-NY
100 G-NY
85 F-PV 93 F-SL
86 G-NY 94 G-MD
Employees on the Order Selection List who possess
seniority on
Conrail Seniority District F—Northeastern will have
prior rights to assignments in NEC Working Zone 1. Employees on the Order
Selection List who possess seniority on Conrail Seniority District
G—Southeastern will have prior rights to assignments in NEC Working Zone 2.
AGREED UPON
QUESTIONS AND ANSWERS
TO THE
AGREEMENT
BETWEEN
NATIONAL RAILROAD PASSENGER
CORPORATION
AND
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
DATED
OCTOBER 26,1982
RULE 2- CLASSIFICATIONS AND
BASIS OF PAY
Q1. A Passenger Engineer arrives late at turning point and misses the
return leg of his assignment. What compensation will he be entitled to?
A1. He may be instructed to deadhead combined service or he may perform service to his Crew Base with not less
than the earnings of his assignment.
Q2. Under this rule Engineers are entitled to the overtime rate for all
time in excess of 40 straight time hours in a work week. However, in service
between Philadelphia and Harrisburg, assignments are advertised to operate six
(6) days every other week. Will this require payment at overtime or does the
guarantee waive such payment?
A2. The guarantee provided for the Harrisburg to Philadelphia service
is a special arrangement which is not subject to the overtime after 40 hours
provision of Rule 2. The first eight hours worked on a sixth day which is
scheduled for purposes of the Harrisburg/Philadelphia guarantee is to be paid
at the pro rata rate. Any time worked in excess of eight hours on such day
would be paid for at the rate of time and one-half.
Q3. A Passenger Engineer assigned to a New York-Philadelphia Road
Passenger run, with a three hour layover at the Philadelphia Crew Base is used
to perform service during the three hour layover. Is the Passenger Engineer
entitled to any additional compensation?
A3. No; however, Letter No. 3 would apply.
Q4. What will a Passenger Engineer be paid if, by
virtue of performing work during his layover period, he misses the return leg
of his assignment?
A4. Time will be computed from time he reported for duty at his home
Crew Base until the time relieved at his home Crew Base, with not less than the
earnings of his regular assignment.
Q5. If a Passenger Engineer is called off the New York Extra Board for
service to Washington, DC, deadhead combined with service, may he be required
to perform service back from Washington?
A5. Yes.
Q6. A Passenger Engineer’s assignment operates a total time on duty of
four (4) hours per day, five days a week. If such Passenger Engineer performs
service on the sixth and seventh day of his work week, is he entitled to be
paid time and one-half for each day with a minimum of eight hours time and
one-half? (BLE 3/22/83).
A6. Yes.
RULE 3- SENIORITY
Q1. May a Passenger Engineer working in Northeast Corridor Zone 1 bid
for and be awarded an advertised position in NEC Zone 2?
A1. Only if no Amtrak Passenger Engineer with prior rights to Work Zone
2 assignments bids on such
assignment.
Q2. How far must a Passenger Engineer exercise his seniority under Rule
3 before he will be allowed to take furlough or be considered deprived of
employment under Article V.A.1. of the Section 1165 Agreement?
A2. Passenger Engineer is required to exercise his NEC seniority to any
position within the Work Zone in which
found.
RULE 4- SERVICE BETWEEN
ZONES
Q1. In service within a work zone can an assignment be advertised which
operates through a crew base in between the principal station of the
originating crew base and the principal station of the terminating crew base?
(BLE 3/22/83)
A1. Yes.
RULE 6- BULLETINS AND
ASSIGNMENTS
Q1. Will a Passenger Engineer be permitted to remain on a job he bid from
if the job he bid for does not commence work during the following 48 hours,
(rest days), and the assignment he is bidding from has not yet been under
advertisement?
A1. Yes. In order to avoid any loss of time due to changing
assignments, a Passenger Engineer bidding from a regular assignment that is not
under advertisement may remain on the assignment he has hid from for a period
not to exceed 48 hours from the time the assignment becomes effective.
Q2. A Passenger Engineer’s assignment is readvertised. He does not bid
for this assignment or any other assignment, and chooses to remain on the
assignment while it is under advertisement. What happens to this Passenger
Engineer when the advertisement is closed and the assignment has been made?
A2. He must vacate the assignment on the effective date of the award
and will have 5 days to exercise his seniority to any position other than the
assignment he was holding.
Q3. How do we define permanent changes in a regular assignment? For
example: track work for a week, month or year.
A3. When it is known that it is a change of 30 days or more.
Q4. In the application of Rule 6, paragraph (i) who is considered as
the junior Passenger Engineer working at the same Crew Base?
A4. Junior Passenger Engineer on the Crew Base Extra Board at the
location where the assignment failed for bid.
Q5. When a junior Passenger Engineer becomes available at the crew
base, releasing a senior man who was force assigned, and is force assigned in
his place, does he have the right to be released if another junior man marks
up?
A5. Yes.
Q6. If the junior Passenger Engineer on an extra board is force
assigned to an assignment that failed for bid under the provision of Rule 6,
paragraph (i), will his weekly extra board guarantee be prorated?
A6. If the Passenger Engineer was available for service during that
portion of the weekly period he was on the extra board and works all the hours
of his regular assignment for the remainder of the extra board weekly period,
he will be allowed the difference between what he actually earns in the weekly
period and the money equivalent of 40 straight time hours.
Q7. A Passenger Engineer assigned to an extra board at Crew Base A is
cut from the extra board and immediately exercises his seniority to an extra
board at Crew Base B and is available for service during the entire weekly
period. Would such Passenger Engineer be entitled to the weekly guarantee
provided in Rule 9?
A7. Yes.
RULE 7- REDUCING AND INCREASING
FORCES
Q1. If a Passenger Engineer, who is notified that his position is
abolished, fails to exercise his displacement rights, will this be considered a
displacement onto the extra board so that one employee will be cut off the
board for each one added through failure to exercise seniority?
A1. The Engineer will revert to the Extra Board and the Extra Board may
be immediately adjusted.
Q2. At Crew Base “A” the Passenger Engineer’s Extra Board is cut by one
man. What happens to the employee cut from the Board who fails to exercise
seniority within five days?
A2. An employee cut from an Extra Board must exercise seniority within
five days. If he is able to but fails to do so, he may only return to active
service by bidding on advertised assignments.
Q3. Does Rule 7 require that five days advance notice be given if the
number of positions on an Extra Board is to be reduced?
A3. No.
Q4. Rule 7 allows a Passenger Engineer to exercise displace-ment within
five days after the date of notification of abolishment of positions. What is
considered the first day of this five day period?
A4. The first full calendar day following the date of the notice. For
example, notice is posted 3:00 PM on January 5, 1983, the five day period
begins 12:01 AM, January 6, 1983.
Q5. Will a man forfeit his NEC Seniority on Amtrak if he is recalled
from furlough by Amtrak and Conrail does not release him? (BLE 3/22/83)
A5. No.
RULE 8- ANNULMENT OF
ASSIGNMENTS
Q1. Is there any penalty payment provided in Rule 8 if a Passenger
Engineer is notified of an annulment in less than four hours but prior to
reporting for duty?
A1. No.
Q2. What payment, if any, will be made to a Passenger Engineer if he
reports to his assignment without being notified of its annulment?
A2. The Passenger Engineer will be allowed four hours under Rule 13 if
no attempt was made to notify the Passenger Engineer at least four hours prior
to the reporting time of the assignment.
Q3. If a Passenger Engineer’s assignment is annulled, is he entitled to
exercise displacement rights?
A3. A Passenger Engineer whose regular assignment is annulled for more
than one day will be entitled to exercise displacement rights.
Q4. A Passenger Engineer’s assignment is annulled due to emergency
conditions and he is not notified; however, when he reports he is informed of
the annulment and is used on another assignment. What amount of payment will he
receive?
A4. The
employee will be paid in accordance with Rule 2.
RULE 9-GUARANTEED EXTRA
BOARD
Q1. Is an extra employee entitled to deadhead pay and/or auto mileage
allowance when covering assignments within the Crew Base?
A1. No.
Q2. An extra Passenger Engineer is called to cover a one day vacancy at
an outlying point, i.e. a point outside the confines of the Crew Base. Where
will such Passenger Engineer report for and be relieved from duty? (New
3/22/83)
A2. The extra Passenger Engineer will report for duty at the principal
station within the Crew Base and will be transported under pay to the outlying
point. After completing service at the outlying point, the Passenger Engineer
will be transported back to the principal station within the Crew Base where he
will report off duty for pay purposes.
Q3. An extra employee on the Washington, DC Extra Board is called to
report for an assignment at Odenton (within the Crew Base). Where will such
employee be relieved from duty? (New 3/22/83)
A3. The extra employee will report for and be relieved from duty at the
same point within the Crew Base, i.e. Odenton.
Q4. If an extra Passenger Engineer filling a vacancy at an outlying
point marks off in the middle of his holddown, is the extra Passenger Engineer
filling this vacancy entitled to deadhead compensation?
A4. Deadhead pay is allowed only for the first and last day of the
vacancy.
Q5. Will the extra board guarantee be pro-rated for a Passenger
Engineer not completing a full week?
(BLE 3/22/83)
A5. No, except in those situations specifically provided in Rule 6,
Q&A 6 and 7.
Q6. Are payments such as, but not limited to, those provided in Rules
8(b) and 13(b) applied against the money equivalent of 40 straight time
hours?(BLE 3/22/83)
A6. Yes.
Q7. A Passenger Engineer is
called to report at his home crew base. The job is a work extra to be run as
follows: light engine North to Yard “A”-3 miles and switch cars. Then South to
crew base; then light 10 miles East to siding “B” to pick up cars; then back to
crew base; then North to yard “A” by his home crew base to yard “C” 70 miles.
Can you run a Passenger Engineer through his originating crew base? (BLE
3/22/83)
A7. Yes.
Q8. A Passenger Engineer on an Extra Board refuses to accept a “soon as
possible” call. Is such Engineer to be dropped to the bottom of the Extra Board
and considered as having missed a call thereby breaking his guarantee? (BLE
3/22/83)
A8. Yes.
Q9. A duly accredited representative as defined in Rule 1 of the Rules
Agreement is assigned to an Extra Board and requests permission to mark off for
union business with Amtrak or another railroad or transit agency. How will such
action affect the duly accredited representative’s status on the Extra Board?
A9. The duly accredited representative will maintain his relative
standing on the Extra Board; however, he will break his availability for
purposes of the weekly Extra Board guarantee. The only exception is when a duly
accredited representative is paid in accordance with Rule 34 or under policy
determination for attending meetings relative to vacation picks or
rearrangement of runs. In such case, the duly accredited representative will
not break his availability for purposes of the Extra Board guarantee; however,
the payment so made will be charged against the money equivalent of 40
straight-time hours for guarantee purposes and is not payment for service
performed and, therefore, not subject to the overtime provisions of Rule 2(b).
RULE 10 — DEADHEADING
Q1. Who is the proper officer of the Corporation responsible for
marking time slips indicating how and when a Passenger Engineer was notified to
deadhead?
A1. In light of the Centralized Crew Dispatching
operation compliance with the rule will be satisfied by the Crew Dispatcher
instructing the Passenger Engineer to mark his own time slip in accordance with
the call.
Q2. If a Passenger Engineer is verbally notified how to deadhead but
the time slip is not marked, will deadhead be paid for separately?
A2. No; however, the Corporation has the burden of proof by producing
the taped conversations (or a certified transcript thereof).
RULE 13- CALLS
Q1. Does Rule 13(a) provide for any compensation to a Passenger
Engineer who reports for his assignment which is annulled?
A1. See Rule 8, Question and Answer No. 2.
Q2. A Passenger Engineer assigned to the Harrisburg-Philadelphia
service completes his advertised assignment in five hours. He is then used for
an additional three hours in emergency service pursuant to Rule 13(b). How
would this employee be paid?
A2. Minimum day plus three hours at time and one-half rate under Rule
13(b).
RULE 15- EXPENSES AWAY FROM
HOME
Q1. Are the provisions of Rule 15 applicable to a Passenger Engineer
who as a part of his assignment is under pay at other than the designated Crew
Base of the assignment, e.g. at the layover point in turnaround service?
A1. No.
RULE 16- TRAINING,
QUALIFYING
AND EXAMINATIONS
Q1. If a Passenger Engineer on an extra board must
mark off to attend training class or examination will this be considered as
breaking his guarantee? (BLE 3/22/83)
A1. No, however, any compensation received will be applied towards the
guaranteed money equivalent of 40 straight time hours.
Q2. Is compensation received pursuant to Rule 16 considered in the
application of the overtime provisions in Rule 2?
A2. No.
RULE 19- JURY DUTY
Q1. How will the laws concerning jury duty in the state of New Jersey
affect the application of this rule insofar as Passenger Engineer is concerned?
A1. An employee required to lose time from his assignment will be
entitled to the amount of usual compensation he would have earned had he worked
on such day or days less the amount of jury allowance paid as verified by a
statement from the court.
RULE 20- TIME LIMITS
Q1. Is a denial by the Carrier required when a time claim is not
submitted in duplicate and/or properly receipted as required by Rule 20?
A1. No. Paragraph (a) specifically states that such claims will not be
entertained.
RULE 21- DISCIPLINE AND
INVESTIGATION
Q1. What is meant by the term “Corporation” as used in paragraph (d)
(1) relating to cases involving stealing or criminal offense?
A1. General Superintendent involved.
Q2. Does paragraph (h) (5) require that the employee and his
representative will have a decision in writing when they leave the office after
an appeal hearing on discipline?
A2. Yes, unless mutually agreed to otherwise.
Q3. What pay will a Passenger Engineer be entitled to if found not
guilty as a result of a disciplinary investigation? (BLE 3/22/83)
A3. When discipline assessed as a result of a formal investigation is subsequently expunged, an
engineer who has incurred wage loss shall be paid for such wage loss incurred.
When discipline assessed is subsequently reduced, an engineer who has incurred
wage loss shall be paid for such wage loss during any period not part of the
final discipline assessment.
RULE 32- HOLIDAYS
Q1. If a Passenger Engineer on the Extra Board performs service on the
day before, after and on the holiday and subsequently is called for another tour
of duty on that same day and is not available, will he be disqualified from
receiving holiday pay?
A1. No.
Q2. What compensation will a Passenger Engineer in the New
York-Washington service be paid when he works on a holiday, provided he meets
all the qualifications set forth in Rule 32?
A2. He would receive the 8 hour holiday payment at 6/23/83 the straight
time rate; in addition, he would receive the greater of the earnings of his
assignment computed in accordance with Rules 2 and 32 or the “minimum pay for
each completed trip.”
EXAMPLE:
Run takes 8 hours
—8 hours @ l ½ time...................$201.24
—Minimum trip pay.....................$269.72
Would be paid minimum trip
pay
Run takes 12 hours
—12 hours @ 1½ time...................$301.86
—Minimum trip pay.....................$269.72
Would be paid earnings under
Rules 2 and 32
RULE 33- CHOICE HOLIDAY
Q1. Does an employee have a demand right to work his choice holiday?
A1. Yes.
Q2. If a man takes a choice holiday and works the day, will he be paid
at the time and one-half rate for all service performed plus eight hours pay
for the holiday? (BLE 3/22/83)
A2. Yes, if he fulfills qualifying requirements for the holiday pay as set forth in Rule 33.
LETTER NO.2
Q1. A Passenger Engineer working a Road Passenger assignment in the
guaranteed New York to Washington service, exceeds the maximum hours of service
permitted under the Hours of Service Law upon arrival at Washington, and an
extra employee is called off the Washington Crew Base Extra Board to fill the
remainder of the assignment and deadhead combined with service back to the
Washington Crew Base. Is the extra employee entitled to the guarantee payment
for this service? Is the regular Passenger Engineer entitled to the guarantee
payment?
A1. The extra employee would not be entitled to the guarantee but the
regular employee would receive not less than the guarantee payment.
Q2. A Passenger Engineer works an assignment in the New York-Washington
guaranteed service which is delayed in arriving at Washington and misses the
return leg of his assignment, and an extra employee off the Washington Crew
Base Extra Board is called to fill the vacancy and deadhead back to Washington
combined with service. Is the extra employee entitled to the New
York-Washington guarantee payment? Is the regular Passenger Engineer entitled
to the guarantee payment even though he did not complete the assignment?
A2. The extra employee would not be entitled to the guarantee but the
regular employee would receive not less than the guarantee payment.
Q3. An extra Passenger Engineer assigned to the Washington Crew Base
Extra Board is called to work the second leg of a New York-Washington Road
Passenger assignment from Washington back to New York and deadhead combined
with service back to Washington. Upon arrival at New York he is used to fill a
vacancy on a Road Passenger assignment from New York to Washington. Is the
extra employee entitled to receive not less than the daily guarantee for a
completed trip in New York-Washington Road Passenger service?
A3. Yes.
Q4. Does the 110.4% differential provided in
Letter No. 8 apply to Letter No. 2 concerning guaranteed annual earnings above
any member of the crew?(BLE 3/22/83)
A4. The special guarantee arrangements which are set forth in Letter
No. 2 and expire on December 31, 1985, are not subject to the application of
Letter No. 8.
Q5. How will guarantee money in the New York-Washington and Boston-New
Haven service be paid? (BLE 3/22/83)
A5. The guarantee will be paid on the basis of the appropriate minimum
pay for each completed trip which a Passenger Engineer works in the service.
LETTER NO.6
Q1. Can Passenger Engineers covering the Maryland
DOT Commuter Service assignments who are under pay (continuous time) during
their layover at Washington be used to perform protect service?
A1. Yes.
Q2. A Passenger Engineer whose assignment includes operation of trains
in commuter service under Letter No. 6 operates the first leg of his assignment
from 6:00 AM to 8:00 AM and after an eight hour layover, operates the final leg
of his assignment from 4:00 PM to 6:00 PM. How will such Passenger Engineer be
compensated?
A2. Eight hours at the straight time rate and three hours at the time
and one-half rate.
LETTER NO.11
Q1. Will Passenger Engineers be required to supply engines at locations
where engine house forces are not employed?
A1. No.
SECTION 1165 AGREEMENT
Q1. May a Passenger Engineer working on Amtrak remain in such capacity
if for any reason his employment relationship with Conrail is severed?
A1. Yes, however, his position on the Order Selection List/Seniority
Roster would be behind all Passenger Engineers possessing seniority on Conrail
prior to January 1, 1983, inasmuch as the standing on the Order Selection List
is based on Conrail seniority.
Q2. Article II, (a) of the October 20th Agreement states that “the
number of positions to be set forth on the Order Selection List will be equal
to 125% of the number of positions as of August 1, 1982.” Must Amtrak retain
125% for 3 years— life of the contract? (BLE 3/22/83)
A2. The 125% only refers to positions on the Order Selection List; it
does not establish a minimum number of Passenger Engineer positions which the
Corporation is required to maintain. The number of positions on the Order
Selection List in the application of 125% provision will remain in effect until
the Section 1165 Agreement is modified in accordance with the Railway Labor
Act, as amended.
Signed at Philadelphia, PA, this 2nd day of August,
1983.
For
the Brotherhood of For the National
Railroad
Locomotive Engineers Passenger Corporation
_______________________ _________________________
J.
P. Carberry G. R. Weaver,
Jr.
Vice
President Assistant Vice
President
Labor Relations
D. F. Riley
General Chairman
August 2, 1983
Mr. J. P. Carberry, Vice President
Brotherhood of Locomotive Engineers
455 Empire Boulevard
Rochester, NY 14609
Mr. D. F. Riley, General Chairman
Brotherhood of Locomotive Engineers
105 Wolf Road
Albany, NY 12205
Gentlemen:
This letter is to confirm
our understanding that the following agreed to Question and Answer will be
added to the other agreed to Questions and Answers which were formally signed
August 2, 1983:
Q. When a Passenger Engineer exercises
displacement rights to an assignment for which he does not meet all
qualifications, will the incumbent Passenger Engineer be considered immediately
displaced?
A. No; the incumbent Passenger Engineer will not
be considered displaced until the displacing Passenger Engineer meets all the
qualifications required of the assignment and physically displaces the
incumbent.
If the foregoing properly
sets forth our understanding, please indicate your concurrence by affixing your
signatures in the spaces provided below.
Very truly yours,
G. R. Weaver
Assistant Vice President
Labor Relations
WE CONCUR:
8/2/83
J. P. Carberry Date
Vice President
8/2/83
D. F. Riley Date
General
Chairman
AGREEMENT MADE PURSUANT TO
RULE 27—VACATION OF THE RULES AGREEMENT, DATED OCTOBER 26, 1982, BETWEEN THE
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS EMPLOYEES REPRESENTED
BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
In accordance with Rule 27
of the Passenger Engineers Rules Agreement, signed October 26, 1982, the
parties to said agreement hereby agree to apply the provisions of the National
Vacation Agreement of April 29, 1949, as amended, with the following
modifications to conform to the basis of pay established in Rule 2 of the Rules
Agreement:
1. For the purposes of determining
qualifications for vacation, service performed as a Passenger Engineer on
Amtrak will be treated in the same manner as service performed as a train or
engine service employee in yard service as set forth in Section 1 of the
National Vacation Agreement.
2. Service performed on Conrail in a calendar
year shall be computed for the purpose of determining vacation qualifications
in accordance with the applicable Conrail Agreement.
3. A Passenger Engineer receiving a vacation, or
pay in lieu thereof, under Section 1 of the National Vacation Agreement, as
modified herein, shall be paid for each week of vacation 1/52 of the
compensation earned by such Passenger Engineer while engaged in train or engine
service for Amtrak and/or Conrail during the calendar year preceding the year
in which the vacation is taken, but in no event, shall such payment be less
than five (5) eight hour days at the Passenger Engineer’s rate if working as
such at the time the vacation is taken.
4. The provisions of Section 8 of the National
Vacation Agreement will not apply to a Passenger Engineer who returns to
service with Conrail pursuant to the application of the Section 1165 Agreement
dated October 20, 1982.
5. A Passenger Engineer receiving a vacation, or
pay in lieu thereof, will be paid for such vacation by Amtrak, if such
Passenger Engineer last performed compensated service on Amtrak immediately
preceding the date the vacation is taken or payment in lieu thereof is due. In
no case, will a Passenger Engineer be entitled to dual vacation benefits as a
result of the application of this Agreement.
6. Vacation periods shall begin at 12:01 AM,
Monday, and end at 11:59 PM, Sunday. Passenger Engineers shall be permitted,
subject to the provisions of Section 6 of the National Vacation Agreement, to
divide the total vacation due in any calendar year into segments, but no
segment shall be less than one (1) week.
7. Any dispute or controversy arising out of the
interpretation of any of the provisions of the Agreement shall be handled in
the same manner as other disputes arising under the Passenger Engineers Rules
Agreement.
Signed this 2nd day of
August, 1983.
For: For:
Brotherhood
of Locomotive National
Railroad
Engineers Passenger Corporation
_______________________ ______________________
J.
P. Carberry G. R.
Weaver, Jr.
Vice
President Assistant
Vice President
Labor Relations
_______________________
D. F. Riley
General Chairman
THIS AGREEMENT, MADE THIS 2ND DAY OF AUGUST, 1983,
BY AND BETWEEN NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS
EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, GOVERNING THE
ITEMIZED STATEMENT OF EARNINGS AND AMENDING PARAGRAPH (D) OF RULE 20 OF THE
RULES AGREEMENT, DATED OCTOBER 26, 1982.
(a) Passenger Engineers will furnish all information required on time
slips so that proper identification of payments can be made.
(b) An itemized statement of the employee’s daily earnings for each pay
period will be furnished with the employee’s pay draft. A brochure type
pamphlet containing applicable codes will be provided each employee to enable
him to determine what payments were made for each date.
(c) The requirement set forth in paragraph (d) of Rule 20 for initial
denial of monetary claims for compensation alleged to be due will be satisfied
when a monetary claim is identified and disallowed on an itemized statement of
earnings form issued within the time limit specified in Rule 20. If an employee
feels he has been improperly paid on the itemized statement of daily earnings
form, he will submit his claim or grievance to the Local Chairman for appeal
handling in accordance with paragraph (e) of Rule 20.
(d) The itemized statement of daily earnings form will serve as
notification of payment of claims and no further notification will be required.
(e) Employees should use the itemized statement of daily earnings as
the basis of reporting any overpayments.
(f) This Agreement will become effective upon
seven days
notice by the Corporation.
Signed this 2nd day of
August, 1983.
For: For:
Brotherhood
of Locomotive National
Railroad
Engineers Passenger Corporation
J.
P. Carberry G. R. Weaver, Jr.
Vice
President Assistant
Vice President
D. F. Riley
General Chairman
August 2, 1983
Mr. J. P Carberry, Vice President
Brotherhood of Locomotive Engineers
455 Empire Boulevard
Rochester, NY 14609
Mr. D. F. Riley, General Chairman
Brotherhood of Locomotive Engineers
105 Wolf Road
Albany, NY 12205
Gentlemen:
This is in reference to our
discussions concerning the numerous complaints which have been received from
both employees and local union representatives concerning the payment to
employees on the various Crew Base Extra Boards.
As you have been informed,
the basis of these complaints has been identified as being the disparity
between the “weekly period” established in Rule 9(a) for guarantee purposes and
the Corporation’s pay cycle for agreement employees, which commences on Thursday
of each week.
In order to eliminate the
subject disparity, we are agreeable to amending Rules 2(b) and 9(a) to
respectively define both the “work week” for Passenger Engineers on the extra
board and the “weekly period” for extra board guarantee purposes as “a period
of seven consecutive days, starting with Thursday.” These amendments will
become effective upon seven days notice by the Corporation.
It is understood that during
the initial week of this change, the period from Monday to Wednesday will not
be subject to the provisions of Rule 9(a) relating to the extra board
guarantee.
If you are agreeable to the
foregoing, please indicate your concurrence by signing in the space provided
below, returning the original for our files.
Very truly yours,
G. R. Weaver, Jr.
Assistant Vice President
Labor Relations
I CONCUR:
August 2, 1983
J.
P Carberry Date
Vice President
August 2, 1983
D.
F. Riley Date
General
Chairman
August 2, 1983
Mr J P Carberry, Vice President
Brotherhood of Locomotive Engineers
455 Empire Boulevard
Rochester, NY 14609
Mr. D. F. Riley, General Chairman
Brotherhood of Locomotive Engineers
105 Wolf Road
Albany, NY 12205
Gentlemen:
During our meeting of August
2, 1983, it was agreed to add the following sentence at the end of Rule 6,
paragraph (P of the Passenger Engineer Rules Agreement:
A Passenger Engineer
returning to duty after being absent
by reason of vacation will
be permitted to exercise his seniority on an assignment advertised and filled
in his absence, provided he exercises such right before he performs any
service.
If the foregoing properly
sets forth our understanding, please indicate your concurrence by affixing your
signatures in the spaces provided below.
Very truly yours,
G. R. Weaver, Jr.
Assistant Vice President
Labor Relations
WE CONCUR:
8/2/83
J.
P Carberry Date
Vice President
8/2/83
D.
F. Riley Date
General
Chairman