RULE 22- LEAVE OF ABSENCE
a. Passenger Engineers must request written
leave of absence when they are to be off duty for more than thirty (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 Corporation 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 office 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 “bl” 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 (1) year.
h. A
Passenger Engineer who fails to report for duty within fifteen (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 thirty
(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 sixty (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.
1. 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 seventy (70) years of age.
RULE
24- APPROVAL OF APPLICATION
a.
Applications for employment will be rejected within ninety (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 (2) doctors
will select a third doctor, who is a specialist in the medical area involved,
and the decision of the majority of the three (3) 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, on 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 (1) 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 (1) organization to another organization admitting
Passenger Engineers to membership.
b. Passenger Engineers will join any one (1) of
the labor organizations, described in paragraph “a” of this Rule, within sixty
(60) calendar days of the date an which they complete thirty (30) days of
compensated service as Passenger Engineers within twelve (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 ten (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 ten (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 ten (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 thirty (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 ten (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 ten (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 ten (10)
calendar days of the date of decision appealed from, and the decision on such
an appeal will be rendered within twenty (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 thirty (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 (6) 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 (1) 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 fifteen (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 (1) 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
fifteen (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 (1) 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.
_files/image001.gif)
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’=
Reactive 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.
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Date Signature Division Number
RULE
31- MEAL PERIOD
a.
Passenger Engineers engaged in switching and classification service will
be allowed twenty (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 (4.5) and six (6) hours
after starting work, the Passenger Engineers will be paid an additional twenty
(20) minutes at the straight-time rate and will be allowed a twenty (20) minute
lunch period as soon as conditions permit.
b.
Passenger Engineers in work, wire, wreck, construction 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 (1) 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 (1) 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 (1) 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 (3) 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 “t” 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 forty-eight (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 (4) 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 (1) 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 forty-eight (48) hours’ advance notice.
b. Where
three (3) eight (8) hour shifts are worked in
continuous 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 (2) shifts are worked in continuous service, the time for an
assignment on the first shift to begin work will be during any one (1) of the
periods named in paragraph “b.”
d.
Where two (2) 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 (1) 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 (1) of the periods provided for in paragraph “b” or “d.”
g. An
extra yard assignment may be started during one (1) 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
_files/image003.gif)
_files/image004.gif)
G. F.
Daniels W. J. Wanke
Labor
Relations First Vice
President
_files/image005.gif)
_files/image006.gif)
G. R.
Weaver J. P.
Carberry
Vice
President Vice
President
Labor Relations
_files/image007.gif)
_files/image008.gif)
J. K.
Shoemaker T. J. Cavan
Vice
President General
Chairman
Transportation
_files/image009.gif)
_files/image010.gif)
H. R.
Henderson Harold A. Ross
Deputy
General Counsel General Counsel
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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 (2) 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 ofstress from high
speed runs management to
unionalcohol 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, thirty (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
____________________
_files/image012.gif)
W. J. Wanke
G. F. Daniels
First Vice President
Vice President
October 26, 1982
Amtrak
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 thirty (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:
_files/image013.gif)
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 ten (10) and
thirteen (13) trips per month in such services to the five (5)day per week
arrangement which will be established pursuant to the Agreement signed this
date, it was further agreed that:
1. For
a three (3) 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 ten (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 (3) 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 thirteen (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 ten (10) and thirteen (13) trips to five (5)
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 (3) year period, commencing January 1, 1983, Passenger
Engineers regularly assigned in Amtrak’s Harrisburg to Philadelphia service
will be guaranteed an assignment working approximately twenty-four (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 ten (10) round trips on a five (5) day week (about twenty-two
(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:
_files/image014.gif)
W.
J. Wanke
First
Vice President
Amtrak
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:
_files/image015.gif)
W. J. Wanke
First Vice President
Amtrak
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,
G.
F. Daniels
Vice
President
Labor
Relations
I CONCUR:
_files/image016.gif)
W. J. WankeFirst
Vice President
Amtrak
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 (2) hours, will be paid overtime for all time actually on duty, or held for
duty, in excess of eight (8) hours (computed on each run from the time required
to report for duty to the end of that run) within nine (9) 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 (1) hour.
Please indicate your concurrence by affixing
your signature in the space provided below.
Very
truly yours,
G. F. Daniels
Vice
PresidentLabor Relations
I
CONCUR:
_files/image017.gif)
W.
J. Wanke
First
Vice President
Amtrak
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 (6) 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:
_files/image018.gif)
W. J. Wanke
First Vice President
Amtrak
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:
_files/image019.gif)
W. J. Wanke
First Vice President