Amtrak

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

Amtrak

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

Amtrak

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

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 l.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 l.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 l.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 l.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 (5) 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 disciplinary 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 (1) 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 ten (10) percent of the total number of Passenger Engineers in Amtrak service, junior incumbent Passenger Engineers exceeding ten (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 lB. 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 sixty (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 First Vice President

Labor Relations

_________________

FOR NATIONAL RAILROAD J. P. Carberry

PASSENGER CORPORATION Vice President

_________________

G. F. Daniels T. J. Cavan

Vice President General Chairman

Labor Relations

_________________

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.

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 = G-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 F-PV

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

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 C—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 with service or he may perform service to his Crew Base with not less than the earnings of his assignment. 6/23/83

Q2. Under this rule Engineers are entitled to the overtime rate for all time in excess of forty (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 forty (400 hours provision of Rule 2. The first eight (8) 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 (8) hours on such day would be paid for at the rate of time and one-half. 3/22/83

Q3. A Passenger Engineer assigned to a New York-Philadelphia Road Passenger run, with a three (3) hour layover at the Philadelphia Crew Base is used to perform service during the three (3) hour layover. Is the Passenger Engineer entitled to any additional compensation?

A3. No; however, Letter No. 3 would apply. 4/6/83

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 the 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. 4/6/83

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. 4/6/83

Q6. A Passenger Engineer’s assignment operates a total time on duty of four (4) hours per day, five (5) 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 (8) hours time and one-half? (BLE 3/22/83).

A6. Yes. 3/22/83

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?

Al. Only if no Amtrak Passenger Engineer with prior rights to Work Zone 2 assignments bids on such assignment. 6/23/83

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.l. 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. 3/22/83

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. 6/23/83

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 forty-eight (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 forty-eight (48) hours from the time the assignment becomes effective. 6/23/83

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 6/23/83 date of the award and will have five (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 thirty (30) days or more. 6/23/83

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. 4/6/83

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. 6/23/83

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 forty (40) straight time hours. 6/23/83

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. 6/23/83

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 (1) 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 (1) man. What happens to the employee cut from the Board who fails to exercise seniority within five (5) days?

A2. An employee cut from an Extra Board must exercise seniority within five (5) 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 (5) days advance notice be given if the number of positions on an Extra Board is to be reduced?

A3. No. 6/23/83

Q4. Rule 7 allows a Passenger Engineer to exercise displacement within five (5) days after the date of notification of abolishment of positions. What is considered the first day of this five (5) 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 (5) 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. 3/22/83

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 (4) hours but prior to reporting for duty?

A1. No. 6/23/83

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 (4) hours under Rule 13 if no attempt was made to notify the Passenger Engineer at least four (4) hours prior to the reporting time of the assignment. 6/23/83

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 (1) day will be entitled to exercise displacement rights. 3/22/83

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. 8/2/83

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. 3/22/83

Q2. An extra Passenger Engineer is called to cover a one (1) 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. 6/23/83

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. 8/2/83

Q6. Are payments such as, but not limited to, those provided in Rules 8(b) and 13(b) applied against the money equivalent of forty (40) straight time hours? (BLE 3/22/83)

A6. Yes. 6/23/83

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. 8/2/83

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. 6/23/83

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 forty (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. 8/2/83

Q2. A Passenger Engineer assigned to the Harrisburg-Philadelphia service completes his advertised assignment in five (5) hours. He is then used for an additional three (3) hours in emergency service pursuant to Rule 13(b). How would this employee be paid?

A2. Minimum day plus three (3) hours at time and one-half rate under Rule 13(b). 3/22/83

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. 5/18/83

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 forty (40) straight time hours. 6/23/83

Q2. Is compensation received pursuant to Rule 16 considered in the application of the overtime provisions in Rule 2?

A2. No. 6/23/83

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. 6/23/83

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. 6/23/83

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. 6/23/83

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. 6/23/83

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. 6/23/83

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. 6/23/83

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 eight (8) hour holiday payment at 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.” 6/23/83

EXAMPLE:

Run takes 8 hours

—8 hours (a l’/2 time $201.24

—Minimum trip pay $269.72

Would be paid minimum trip pay

Run takes 12 hours

—12 hours (a 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. 6/23/83

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 (8) 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. 6/23/83

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. 6/23/83

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. 6/23/83

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. 6/23/83

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. 3/22/83

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. 3/22/83

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. 6/23/83

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 (8) 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 (8) hours at the straight time rate and three (3) hours at the time and one-half rate. 6/23/83

LETTER NO.11

Agreed

Q1. Will Passenger Engineers be required to supply engines at locations where engine house forces are not employed?

A1. No. 3/22/83

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. 4/6/83

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 three (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. 4/6/83

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

Vice President Assistant Vice President

Labor Relations

D. F. Riley

General Chairman

Amtrak

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 (8) 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

D. F. Riley G. R. Weaver

General Chairman Assistant Vice President

Labor Relations

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 (7) days notice by the Corporation.

Signed this 2nd day of August, 1983.

For: For:

Brotherhood of Locomotive National Railroad

Engineers Passenger Corporation

D. F. Bailey G. R. Weaver

General Chairman Vice President

Labor Relations

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 (7) consecutive days, starting with Thursday.” These amendments will become effective upon seven (7) 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

Assistant Vice President

Labor Relations

I CONCUR:

J. P. Carberry August 2, 1983

Vice President Date

D. F. Riley August 2, 1983

General Chairman Date

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

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