INDEX

A Rule Page

Adjustment of Shortages........................... 36 41

Advertisement..................................... 6 4

Annulment of Assignments.......................... 8 7

Application for Employment........................ 24 25

Assignment........................................ 6 4

Attending Court or Inquest........................ 17 13

Attending Investigation—Time Allowances........... 21 17

Basic Rate....................................... 2 2

Bereavement...................................... 18 14

Called and Not Used............................. 13 10

Calling and Marking Up.......................... 9 8

Calls........................................... 13 10

Calls, Missed................................... 9 8

Choice Holiday.................................. 33 40

Claims, Time Limit on........................... 20 14

Compulsory Retirement........................... 23 24

Conferences..................................... 34 40

Court or Inquest, Attending..................... 17 13

Crew Base....................................... 1 1

Cut Off Enroute................................. 14 11

Deadheading..................................... 10 9

Decrease/Increase of Work Forces................ 7 6

Deferment of Starting Time...................... 11 9

Definitions..................................... 1 1

Designated Points for Going On and Off Duty..... 6 4

Discipline and Investigation.................... 21 17

Displacement.................................... 6 4

Disqualification, Physical...................... 25 25

Employment, Application for..................... 24 25

Equipment on Engines............................Letter 11 59

Examinations.................................... 16 12

Expenses Away From Home......................... 15 11

Extra Board, Guaranteed......................... 9 8

G RULE PAGE

Guaranteed Extra Board.......................... 9 8

Guarantees...................................... Letter 2 47

Health and Welfare.............................. 28 2

Hearings........................................ 21 17

Held at Other Than Home Crew Base............... 2 2

Holidays........................................ 32 37

Increase and Decrease of Engine Work Force...... 7 6

Inquest or Court, Attending..................... 17 13

Investigations and Discipline................... 21 17

Jury Duty....................................... 19 14

Laying Off...................................... 12 10

Leave of Absence................................ 22 23

Locker Facilities............................... 26 26

Meal Allowance.................................. 15 11

Meal Period..................................... 31 37

Missed Calls.................................... 9 8

Overtime........................................ 2 2

Overtime—Short Turnaround Passenger Runs........ Letter 6 54

Performance of Service by Passenger Engineers... 1 1

Physical Characteristics, Qualifying On......... 16 12

Physical Disqualification....................... 25 25

Pilots.......................................... 2 2

Qualifying on Physical Characteristics.......... 16 12

Rate Schedule................................... 2 2

Regulation on Extra Boards...................... 9 8

Reporting/Laying Off............................ 12 10

Representation.................................. 1 1

RULE PAGE

Rosters......................................... 5 4

Runarounds...................................... 9 8

Seniority....................................... 3 3

Seniority District.............................. 3 3

Service Between Zones........................... 4 3

Severability.................................... 35 41

Shortage Adjustment............................. 36 41

Starting Times.................................. 37 41

Time Limits on Claims........................... 20 14

Time to Eat..................................... 31 37

Uniforms........................................ Letter 4 52

Union Shop...................................... 29 26

Union Shop Dues Deduction....................... 30 29

Vacancies....................................... 6 4

Vacations....................................... 27 26

Work Week and Overtime.......................... 2 2

Work Zones...................................... 3 3

Yard/Road Work.................................. Letter 3 50

Zones, Seniority................................ 3 3

Zones, Service Between.......................... 4 3

Index

SUPPLEMENTAL AGREEMENTS

Page

Agreed Upon Questions and Answers (August 2,1983)........ 71

Agreed Upon Question and Answer Regarding Displacements

(August 2, 1983)......................................... 85

Agreement Modifying the National Vacation Agreement

of April 29, 1949, Pursuant to Rule 27 (August 2, 1983).. 86

Agreement Covering Itemized Statement of Earnings and

Modifying Rule 20(d) (August 2, 1983).................... 88

Agreement Amending Rules 2(b) and 9(a) Relative to the

“Workweek” for Extra Board Employees (August 2, 1983).... 90

Agreement Concerning Rule 6(1) (August 2, 1983).......... 92

THIS AGREEMENT made this 26th day of October, 1982, by and between the National Railroad Passenger Corporation and Passenger Engineers represented by the Brotherhood of Locomotive Engineers.

WHEREAS, in the Rail Passenger Service Act of 1970, as amended by the Amtrak Improvement Act of 1981, Congress has established for the National Railroad Passenger Corporation (Amtrak) the goal of maximization of its resources, including the most cost effective use of employees; and

WHEREAS, effective January 1, 1983, Amtrak will assume its own train and engine operations heretofore performed by the Consolidated Rail Corporation (Conrail) pursuant to the Northeast Rail Service Act of 1981; and

WHEREAS, Amtrak desires to employ persons currently employed by Conrail in its engine service operations, and those employees desire to accept employment with Amtrak; and

WHEREAS, the Brotherhood of Locomotive Engineers now represents all employees of Conrail in the craft of Locomotive Engineers who would accept Passenger Engineer positions with Amtrak; and

WHEREAS, Congress, in the Amtrak Improvement Act of 1981, also imposed upon both Amtrak and the Brotherhood of Locomotive Engineers the duty to enter into a cooperative effort to achieve the efficiencies and economies necessary to operate a modern passenger service entity;

NOW, THEREFORE, it is hereby agreed in conformity therewith that the following Rules shall govern the rates of pay, rules and working conditions of employees of Amtrak employed in its engine service operations:

RULE 1- SCOPE AND DEFINITIONS

1. This Agreement will apply to the work or service of

transporting passengers performed by the employees specified herein and governs the rates of pay, hours of service and working conditions of all such employees engaged in the operation of engines and any other motive power used in performing the work or services provided by Passenger Engineers and all other work generally recognized as the work of Passenger Engineers performed on main lines or branch lines, or within yard facilities, or in road, local or yard service.

It is understood that the duties and responsibilities of Passenger Engineers will not be assigned to others. If a new type of locomotive or motive power is placed in service, Passenger Engineers will be instructed in the operation of the new type of locomotive power and used to operate it.

b. The National Railroad Passenger Corporation (hereinafter the “Corporation”) recognizes the General Committee of Adjustment of the Brotherhood of Locomotive Engineers, the Chairman of which is signatory hereto as bargaining representative of all Passenger Engineers employed by the Corporation in the Northeast Corridor.

c. “Duly accredited representative” means the General Chairman of the Brotherhood of Locomotive Engineers having jurisdiction or any elected officer of the Brotherhood of Locomotive Engineers designated by the General Chairman.

d. “Crew Base” means the territory encompassed within a radius of thirty (30) miles measured from the principal Amtrak station or facility as designated by the Corporation for each crew base.

RULE 2- CLASSIFICATIONS AND BASIS OF PAY

a. The rate of pay for Passenger Engineers effective January 1, 1983, is $16.74 an hour.

b. Passenger Engineers will be paid for each trip or tour of duty at the straight-time rate for the first eight (8) hours between the time they are required to report for duty until the time they are released on completion of service, and at the time and one-half rate for all time in excess of eight (8) hours. Passenger Engineers paid forty (40) straight-time hours in a work week will be paid at the time and one-half rate for all additional time paid for in the work week. The term “work week” for regularly assigned Passenger Engineers will mean a week beginning on the first day on which the assignment is bulletined to work, and for Passenger Engineers assigned to an extra board will mean a period of seven (7) consecutive days, starting with Monday.

c. Except as provided in Rule 13, regularly assigned Passenger Engineers and Passenger Engineers assigned to an extra board will be paid a minimum of eight (8) hours for each tour of duty.

d. When pilots are required for engine service, they will come from the ranks of Passenger Engineers and will be paid the Passenger Engineer’s rate of pay.

Except as provided in Rule 14, Passenger Engineers held at other than their home crew base will be paid for the actual time held for the first eight (8) hours in any twenty-four (24) hour period.

RULE 3- SENIORITY

a. Passenger Engineers will have Northeast Corridor

(NEC) seniority divided into two (2) prior right working zones. NEC Working Zone 1 is the territory between Boston, MA, and New York, NY (exclusive), including Springfield, MA. NEC Working Zone 2 is the territory between New York, NY (inclusive), and Washington, DC (exclusive), including Harrisburg, PA.

b. The seniority ranking in the Northeast Corridor (NEC) Region for Passenger Engineers with Conrail engine service seniority as of January 1, 1983, will be in accordance with the Order Selection List established pursuant to the Agreement made in accordance with Section 1165 of the Northeast Rail Service Act of 1981. Employees on the Order Selection List who possess seniority on Conrail Seniority District F-Northeastern will have prior rights to assignments in NEC Working Zone 1. Employees on the Order Selection List who possess seniority on Conrail Seniority District G-Southeastern will have prior rights to assignments in NEC Working Zone 2.

c. Passenger Engineers, without prior rights as defined in paragraph “b” of this Rule, who enter service in a classification covered by these work rules will establish seniority as of the time and date they first report to the medical examiner. When two (2) or more Passenger Engineers without prior rights start at the same time on the same day, they will be ranked in alphabetical order according to their last names. The ranking of all employees covered by this paragraph “c” will follow the ranking of all employees covered by paragraph “b.”

RULE 4- SERVICE BETWEEN ZONES

Assignments between any two (2) or more working zones may be established. When such assignments are established, prior right Passenger Engineers of the zones over which such assignment or assignments operate will participate in such service on the basis which the ratio of the mileage in each zone bears to the total mileage covered by such assignment or assignments, measured from the principal station of the originating crew base to the principal station of the terminating crew base.

RULE 5- SENIORITY ROSTER

a. A roster showing seniority dates, promotion dates, prior rights (if any), and seniority standing will be posted in a conspicuous place at all crew bases for the information of Passenger Engineers, with copies to the General Chairman.

b. The roster will be revised and posted in January of each year and will be open to protest by the Passenger Engineer or his duly accredited representative for a period of sixty (60) calendar days from date of posting. Protests on seniority dates will be confined to names added or changes made since posting the previous rosters.

Upon an employee’s presentation of proof of error, such error will be corrected. Passenger Engineers who are off on leave of absence, vacation, sickness, disability or suspension at the time the rosters are posted will be given sixty (60) calendar days from the date of their return to duty in which to protest. If no protest is made during this time, their seniority dates will be deemed correct.

RULE 6- BULLETINS AND ASSIGNMENTS

a. New assignments, assignments subject to readvertisement, extra board assignments and vacancies will be advertised every Wednesday. The advertising period will close 11:59 p.m. the following Saturday, and assignments will be made effective 11:00 a.m. the following Wednesday.

b. Vacancies caused by sickness, temporary disability, suspension or leave of absence, when it is known that the Passenger Engineer will be off for a period of thirty (30) or more days or when such Passenger Engineer will have been off duty for a period of thirty (30) days, will be advertised in accordance with paragraph “a” of this Rule.

c. For regular assigned service, the advertisement bulletin will show the crew base; reporting and relieving point; turnaround or layover point; days on which the assignment is scheduled to work; assigned reporting time; and train or crew numbers.

NOTE: Unless otherwise agreed to by the duly accredited representative and the District Manager-Labor Relations, the reporting and the relieving point for any assignment will be the same point.

d. A Passenger Engineer who bids for and is awarded another assignment will not be permitted to bid for his former position until it has been filled and again advertised, unless the position has been materially changed. He will be permitted to exercise his seniority to his former assignment if he is displaced from the position to which he bid.

e. A Passenger Engineer who is occupying a regular assignment which is readvertised in accordance with the provisions of this Rule may elect to exercise his seniority to another assignment within forty-eight (48) hours after the effective date and time of the change causing the readvertisement. A Passenger Engineer who elects to remain on the assignment must bid for it if he desires to remain after the advertisement is closed and the assignment has been made. If he does not bid for it, and he is not assigned to any other job as the result of that advertisement, he will immediately leave the assignment he has been holding, and will be allowed five (5) days in which to exercise his seniority and may select any job held by a junior man, except the job he has been occupying and on which he did not bid.

f. A Passenger Engineer returning to duty after being absent less than thirty (30) days by reason of sickness, temporary disability, suspension or leave of absence, will be permitted to exercise his seniority on an assignment advertised and filled during his absence, provided he exercises such right before he performs any service. A Passenger Engineer absent because of a reason listed in this paragraph for a period of thirty (30) days or more, upon his return to duty, may exercise his seniority on any assignment.

g. Regular assignments will be readvertised when any of the following permanent changes are made in such assignments:

1. changing the crew base, layover or turnaround point;

2. changing advertised starting time at the crew base or arrival time at the end of the assignment, one (1) hour or more;

3. changing the assigned rest days.

h. Assignments will be made to Passenger Engineers in seniority order from written bids submitted to the officer of the Corporation designated in the advertisement notice prior to the close of an advertisement period. Passenger Engineers will be given a receipt for bids submitted to the designated officer of the Corporation.

i. When no bids are received for advertised assignments, the assignments will be filled by the junior Passenger Engineer working at the same crew base as the assignment that failed for bid.

j. When an assignment that failed for bid is filled in accordance with paragraph “i,” the Passenger Engineer assigned will remain on the assignment until a junior Passenger Engineer becomes available at the crew base. The senior Passenger Engineer who is force assigned in accordance with paragraph “i” will be promptly notified and have twenty-four (24) hours after notification to elect to vacate the assignment and exercise his seniority. If the assignment is vacated, the junior Passenger Engineer will be assigned to the vacated Passenger Engineer assignment. If the senior Passenger Engineer who was force assigned in accordance with paragraph “i” elects to remain on his assignment, the next junior Passenger Engineer who was force assigned will be permitted to vacate his assignment and exercise his seniority as outlined herein. A Passenger Engineer who is force assigned will be permitted to bid for any Passenger Engineer assignment.

k. When an extra board is to be increased, the required number of Passenger Engineers may be added to the board during the advertisement and assignment period with the understanding that they are bidders for the board.

1. When regular runs are rearranged, the local representative of the Corporation and the duly accredited representative(s) having jurisdiction will arrange to meet for the purpose of grouping such runs consistent with seniority, with the understanding that the Corporation reserves the right to place a schedule in effect to protect the service when no agreement is reached.

RULE 7- REDUCING AND INCREASING FORCES

a. In reducing forces, seniority will govern. Passenger Engineers affected by a reduction of force or abolishment of positions will be given five (5) calendar days’ advance notice. A copy of such notice will be posted on bulletin boards, with a copy to the duly accredited representative.

Passenger Engineers whose positions are abolished may exercise their seniority rights to displace junior Passenger Engineers within five (5) calendar days after the date of notification of abolishment. Passenger Engineers displaced may exercise their seniority in the same manner within five (5) calendar days after the date of notification of displacement. Passenger Engineers who are able to but fail to exercise their displacement rights within the prescribed time limit will revert to the extra board. Passenger Engineers not possessing sufficient seniority to displace any Passenger Engineers will be placed in furlough status.

Passenger Engineers exercising displacement rights under this Rule must meet all the qualifications required of the assignment to which they displace before being permitted to work.

b. Passenger Engineers will promptly notify the Corporation in writing, by certified mail, return receipt requested, of any change of name or address, and provide a copy to the duly accredited representative.

c. When forces are increased or vacancies occur, furloughed Passenger Engineers will be notified by certified mail or telegram, sent to the last address given, with a copy provided to the duly accredited representative, and will be recalled to service in seniority order.

d. Furloughed Passenger Engineers who fail to return to service within thirty (30) calendar days after being notified in accordance with paragraph “c” of this Rule will be considered as having resigned, unless they present sufficient proof that circumstances beyond their control prevented their return.

RULE 8- ANNULMENT OF ASSIGNMENTS

a. When it is known that the assignment of a regular assigned Passenger Engineer, except the extra board, is to be annulled for one (1) day or longer, the Passenger Engineer will be notified at least four (4) hours in advance of reporting time.

b. Advance notice before annulling assignments is not required under emergency conditions such as flood, snow storm, hurricane, tornado, earthquake, fire, strike or derailment, provided that such conditions result in suspension of the Corporation’s operation in whole or in part. Such emergency annulments will be confined solely to those work locations directly affected by any suspension of operation.

Passenger Engineers who are affected by an emergency annulment and report for work without having been previously notified not to report, will receive two (2) hours’ pay at the applicable rate of their positions. If Passenger Engineers work any portion of the day, they will be paid in accordance with Rule 2. Upon termination of the emergency conditions and restoration of the service, all positions and incumbents thereof will be restored to the status prevailing prior to the emergency.

RULE 9- GUARANTEED EXTRA BOARD

a. A Passenger Engineer assigned to an extra board who is available for service during an entire weekly period or who does not lay off or miss a call will be guaranteed a money equivalent of forty (40) straight-time hours each weekly period. The term “weekly period” means a period of seven (7) consecutive days, starting with Monday. The Corporation will determine the location of and the number of Passenger Engineers assigned to an extra board.

b. Passenger Engineers assigned to an extra board will be called first in, first out, as registered on the extra board. Passenger Engineers assigned to an extra board must be qualified to work any assignments which the extra board protects.

c. Passenger Engineers assigned to an extra board must register on the extra board immediately upon release from duty at the relieving point in the crew base.

d. Passenger Engineers assigned to an extra board missing a call for an assignment for which they stand will be placed at the bottom of the extra board.

e. Passenger Engineers assigned to an extra board deadheading to their home crew base will not be marked up on the board until actual arrival at their relieving point in the home crew base.

f. Passenger Engineers assigned to an extra board will be called as nearly as possible two (2) hours before the time required to report for service or deadhead. Where local conditions warrant the duly accredited representative and the designated Labor

Relations officer may agree to a different calling time, subject to the approval of the General Chairman and the highest appeals officer of the Corporation.

g. Passenger Engineers assigned to an extra board will not be called to fill vacancies unless they have sufficient rest to complete the assignment under the Hours of Service law.

h. Passenger Engineers assigned to an extra board who are sent from their crew base to outlying points will not be required to remain there longer than one (1) week at a time. Deadhead pay will be allowed only to the first Passenger Engineer for the going trip and to the last Passenger Engineer for the returning trip.

i. Passenger Engineers assigned to an extra board who are not called in their turn will be paid four (4) hours and will retain their place on the extra board.

RULE 10- DEADHEADING

a. Deadheading and service may be combined in any manner that traffic conditions require, and when so combined, will be paid actual hours on a continuous time basis, with not less than eight (8) hours for the combined deadheading and service.

b. When deadheading is paid for separately and apart from service, actual time consumed with a minimum of eight (8) hours will be allowed.

c. Passenger Engineers are not entitled to deadhead pay for traveling from one point to another in exercising seniority.

d. Passenger Engineers will be notified at the time called whether deadheading will be combined with service or separate, and the proper officer of the Corporation will mark their timeslips accordingly. If not so notified, paragraph “b” will apply.

RULE 11- DEFERRED STARTING TIME

Where Passenger Engineers normally report for duty without being called, and it is desired on any day to defer the reporting time, at least two (2) hours’ advance notice will be given before the usual reporting time of the assignment. The advance notice will specify the new reporting time, and the Passenger Engineers’ trip or tour of duty will not begin until that time. If not so notified, the reporting time will be as provided in the assignment. A Passenger Engineer may have his starting time deferred only once for each trip or tour of duty.

RULE 12- LAYING OFF/REPORTING

a. Regularly assigned Passenger Engineers laying off due to sickness must notify the appropriate official as soon as possible. Passenger Engineers who desire to lay off for personal reasons may do so when such absence is authorized in advance by the proper officer of the Corporation.

b. A regularly assigned Passenger Engineer who has laid off will mark up for his regular assignment not less than three (3) hours in advance of the reporting time.

RULE 13- CALLS

a. Passenger Engineers called, or required to report without being called, and released without having performed service will be paid for actual time held with a minimum of four (4) hours and, in the case of Passenger Engineers assigned to an extra board, will remain first out on the extra board; if held over four (4) hours and released without having performed service, they will be paid eight (8) hours and, in the case of Passenger Engineers assigned to an extra board, will be placed at the bottom of the extra board.

b. Passenger Engineers who are called in an emergency situation after having already performed compensated service on the day involved will be paid for the actual time worked at the time and one-half rate, with a minimum of two (2) hours.

NOTE: The term emergency as used in this paragraph is defined as a situation that:

1. Involves or may cause delay to traffic because all tracks are blocked.

2. Involves delay to a passenger train or trains.

3. Involves violation of laws or local ordinances.

4. Involves injury to persons requiring prompt treatment or removal to hospital.

RULE 14- CUTOFF UNDER HOURS OF SERVICE

a. Passenger Engineers will not be released from duty before arriving at their advertised crew base or turnaround point, unless it is apparent that the trip cannot be completed under the laws limiting the hours on duty. Passenger Engineers will be released from duty under this Rule only upon instructions from the proper officer of the Corporation.

b. Passenger Engineers will not be cut off for rest pursuant to this Rule, except at locations where food and lodging are available. In such cases, the Passenger Engineers will be covered by Rule 15—Expenses Away From Home.

c. Passenger Engineers cut off under the law limiting the hours on duty who then deadhead into their crew base or turnaround point will be paid continuous time until released at their relieving point.

d. Passenger Engineers cut off between crew bases under the law limiting the hours on duty will again be considered on duty and under pay immediately after expiration of the legal rest period.

RULE 15- EXPENSES AWAY FROM HOME

a. When a Passenger Engineer is released from duty at a location other than the designated crew base of the assignment for more than four (4) hours, he will be provided suitable lodging at the Corporation’s expense and will receive a meal allowance of $3.85. A second allowance of $3.85 will be provided after being held an additional eight (8) hours.

b. Passenger Engineers assigned to an extra board will be provided with lodging and meal allowance in accordance with the provisions of this Rule when they are released from duty at other than their assigned crew base.

c. Passenger Engineers called from the extra board to fill vacancies at outlying points will be provided lodging and meal allowance in accordance with the provisions of this Rule at the outlying point in the same manner as if held at a point other than their assigned crew base, subject to the following conditions:

1. An “outlying point” is one which is outside the crew base territory of the extra board from which they are called.

2. Suitable lodging will be provided when Passenger

Engineers assigned to an extra board are held at the

outlying point for more than one (1) tour of duty.

RULE 16- TRAINING. QUALIFYING AND EXAMINATIONS

a. Passenger Engineers will be required to attend training classes and take examinations connected with their duties. Examinations may be written or oral and include physical examinations, territorial qualification examinations and service examinations (on the Operating Rules, Safety Rules, air brake and other equipment rules).

b. Subject to the exceptions listed below, Passenger Engineers required to attend a training class or an examination will be compensated for the time engaged in such training or examination. If required to lose time, Passenger Engineers will be paid an amount not less than they would have earned on the assignment they would have worked. If no time is lost, compensation will be for the actual time consumed in such training class or examination, at the straight time hourly rate, with a minimum of eight (8) hours.

Exceptions:

1. Any qualification examinations or familiarization trips necessary in the voluntary exercise of seniority.

2. Physical examinations, including vision and hearing examinations.

3. Territorial qualification examinations, except as provided in paragraph “c” of this Rule.

c. Passenger Engineers who are instructed to qualify or who are force-assigned to a crew base, regular assignment or extra board where it is necessary to qualify will be compensated for such qualifying. If required to lose time, Passenger Engineers will be paid an amount not less than they would have earned on the assignment they would have worked. If no time is lost, compensation will be for the actual time consumed in qualifying, at the straight-time hourly rate, with a minimum of eight (8) hours.

d. To the extent practicable and except as provided in paragraph “c” of this Rule, the Corporation will schedule territorial qualification examinations so that Passenger Engineers may arrange to take them without loss of time. Unless otherwise specified by the Corporation, Passenger Engineers will arrange to schedule their own physical examinations.

RULE 17- ATTENDING COURT OR CORONER’S INQUEST

a. Regular Passenger Engineers attending court or inquest or giving a deposition or stenographic statement in connection with other legal proceedings as a witness on behalf of the Corporation at the direction of a proper officer of the Corporation will be paid for the time actually lost on their assignments. Necessary reasonable expenses, including travel expenses, will be paid when away from home.

b. A Passenger Engineer assigned to an extra board attending court or inquest, or giving a deposition or stenographic statement in connection with other legal proceedings as a witness on behalf of the Corporation at the direction of a proper officer of the Corporation will be paid the amount he would have earned and placed in the same relative standing had he been called in his turn from the extra board. Necessary reasonable expenses, including travel expenses, will be paid when away from home.

c. Passenger Engineers attending court or inquest as a witness on behalf of the Corporation or giving a deposition or stenographic statement in connection with other legal proceedings at the direction of a proper officer of the Corporation, when no time is lost, will be paid actual time consumed, with a minimum of eight (8) hours. Necessary reasonable expenses, including travel expenses, will be paid when away from home, and Passenger Engineers assigned to an extra board will hold their same relative standing on the crew board.

d. No deadhead payment will be made to Passenger Engineers for any traveling necessary to their attendance at court or inquest.

e. Witness fees and mileage allowance will be remitted to the Corporation.

RULE 18- BEREAVEMENT LEAVE

Bereavement leave will be allowed in case of the death of a Passenger Engineer’s brother, sister, parent, child, spouse or spouse’s parent, not in excess of three (3) calendar days following the date of death. In such cases, eight (8) hours’ pay will be allowed for each work day lost during bereavement leave. Passenger Engineers involved will make provision for taking leave with their supervisor in the usual manner. Agreed to questions and answers to the National Agreements where applicable, are made a part of this Rule and are attached as Supplement 1 to this Agreement.

RULE 19- JURY DUTY

When Passenger Engineers are summoned for jury duty and are required to lose time from their assignments, they will be paid for actual time lost with a maximum of eight (8) hours’ pay for each calendar day lost. From this amount will be deducted the amount allowed for jury service for each such day, except allowances paid by the court for meals, lodging or transportation. These payments are subject to the following requirements and limitations:

1. A Passenger Engineer must furnish the Corporation with a statement from the court of jury allowances paid and the days on which jury duty was performed.

2. The number of days for which jury duty pay will be paid is limited to a maximum of sixty (60) days in any calendar year.

3. No jury duty pay will be allowed for any day the Passenger Engineer is entitled to vacation. Agreed to questions and answers to the National Agreements where applicable are made a part of this Rule and are attached as Supplement 2 to this Agreement.

RULE 20- TIME LIMIT ON CLAIMS

a. A claim for compensation alleged to be due may be made only by a claimant or, on his behalf, by a duly accredited representative. No later than sixty (60) days from the date of the occurrence on which the claim is based, a claimant or his duly accredited representative must submit two (2) timeslips alleging the claim to the officer of the Corporation designated to receive timeslips. The representative of the Corporation who receives the timeslips from the claimant or from his duly accredited representative must acknowledge receipt of the timeslips by signing and dating them, and return the duplicate copy to the claimant or his duly accredited representative. If not presented in the manner outlined in this paragraph, a claim will not be entertained or allowed, but improper handling of one claim will not invalidate other claims of a like or similar nature. No monetary claim will be valid, unless the claimant was available, qualified, and entitled to perform the work.

b. If a claimant is absent because of sickness, temporary disability, leave of absence, vacation or suspension, the sixty (60) day time limit will be extended by the number of days the claimant is absent.

c. To file a claim, a claimant or his duly accredited representative will be required to furnish sufficient information on the time slip to identify the basis of the claim, such as:

1. Name, occupation, employee number, division.

2. Train symbol or job number and engine number(s).

3. On and off duty time.

4. Date and time of day work performed.

5. Location and details of work performed for which claim is filed.

6. Upon whose orders work was performed.

7. Description of instructions issued to have such work performed.

8. Claim being made, rule if known, and reason supporting claim.

d. When a claim for compensation alleged to be due is not allowed, or should payment be made for less than the full amount claimed, the claimant will be informed of the decision and reasons for it, in writing, within sixty (60) days from the date that claim is received. When the claimant is not so notified, the claim will be allowed, but such payment will not validate any other such claims, nor will such payment establish any precedent.

e. A claim for compensation denied in accordance with the foregoing paragraph “d” will be invalid unless, within sixty (60) days after the date of the initial denial of the claim, the claimant’s duly accredited representative appeals it in writing in the following form to the Labor Relations officer designated to handle claims:

1. Subject: (Set forth nature of claim, dates, name of claimant)

2. Employees’ Statement of Facts:

3. Position of Employees:

NOTE: Claims of a continuing nature will be considered properly appealed when listed and identified with the initial claim by the duly accredited representative with the designated Labor Relations officer.

f. The Labor Relations officer will arrange to meet on a regular basis with duly accredited representatives who request to discuss appeals which have been received by the Labor Relations officer at least ten (10) days in advance of a meeting. In the written appeal, the duly accredited representative should either request to discuss the appeal at the regular meeting with the Labor Relations officer or waive the discussion and request a written response. The Labor Relations officer will render a decision in writing to the duly accredited representative within sixty (60) calendar days of the date the Labor Relations officer receives the appeal requesting the written decision or within sixty (60) days of the date the appeal was discussed at a meeting. If the claim is denied, the decision will be rendered in the following form:

1. Corporation’s Statement of Facts:

2. Position of Corporation:

When a claim is denied and the duly accredited representative is not notified within the time limit, the claim will be allowed but such payment will not validate any other such claim nor will such payment establish any precedent. Appeals received less than ten (10) days in advance of a meeting will be scheduled for discussion at the next meeting.

g. A claim for compensation denied in accordance with the foregoing paragraph “I” will be invalid unless, within ninety (90) days of the date of the denial by the Labor Relations officer, the General Chairman appeals it in writing to the highest officer of the Corporation designated to handle claims. The highest officer of the Corporation designated to handle claims will meet on a regular monthly basis with the General Chairman who has made a request to discuss appeals received at least ten (10) days in advance of a meeting. In the written appeal, the General Chairman should either request to discuss the appeal at the regular monthly meeting or waive the discussion and request a written response. Neither party will be limited by the positions taken during prior handling. The highest officer of the Corporation designated to handle claims will render a decision in writing within ninety (90) days of the date he receives the appeal or within ninety (90) days after discussing the claim at a meeting. When the General Chairman is not so notified, claim will be allowed but such payment will not validate any other such claim or establish any precedent. Appeals received less than ten (10) days in advance of a meeting will be scheduled for the next meeting.

h. The decision of the highest officer of the Corporation designated to handle claims will be final and binding unless, within six (6) months after the date of that decision, the officer is notified in writing that his decision is not accepted. In the event of such notification, the claim will become invalid unless, within one year from the date of the Corporation’s decision, the claims are disposed of on the property or submitted to a tribunal having jurisdiction pursuant to law or agreement, unless the parties mutually agree to other proceedings for final disposition of said claims.

i. The time limit provisions in this Rule may be extended at any level of handling in any particular case by mutual consent of the duly authorized officer of the Corporation or representative of the Organization.

j. The time limits set forth herein do not apply in discipline cases.

RULE 21- DISCIPLINE AND INVESTIGATION

a. Except as provided in paragraph “c,” no Passenger Engineer will be disciplined, suspended or dismissed from the service until a fair and impartial formal investigation has been conducted by an authorized Corporation officer.

1. 1. Except when a serious act or occurrence is involved, a Passenger Engineer will not be held out of service in disciplinary matters before a formal investigation is conducted. A serious act or occurrence is defined as: Rule “G,” Insubordination, Extreme Negligence, Stealing.

2. If a Passenger Engineer is held out of service before a formal investigation for other than a serious act or occurrence, he will be paid what he would have earned on his assignment had he not been held out of service beginning with the day he is taken out of service and ending with the date the decision is rendered or he is returned to service, excluding the day of the formal investigation, whether or not he is disciplined. Holding a Passenger Engineer out of service before a formal investigation or paying him for being out of service for less than a serious act or occurrence is not prejudging him.

c. Formal investigations, except those involving a serious act or occurrence, may be dispensed with should the Passenger Engineer involved and/or the duly accredited representative and an authorized officer of the Corporation, through informal handling, be able to resolve the matter to their mutual interests. Requests for informal handling must be made at least twenty-four (24) hours before a formal investigation is scheduled to begin. No formal transcript, statement or recording will be taken at the informal handling. When a case is handled informally and the matter of responsibility and discipline to be assessed, if any, is resolved, no formal investigation will be required. A written notice of the discipline assessed and the reason therefor will be issued to the Passenger Engineer responsible, with a copy to the duly accredited representative if he participated in the informal handling, at the conclusion of the informal handling. Discipline matters resolved in accordance with this paragraph are final and binding.

d. 1. A Passenger Engineer directed to attend a formal investigation to determine his responsibility, if any, in connection with an act or occurrence will be notified in writing within seven (7) days from the date of the act or occurrence or in cases involving stealing or criminal offense within seven (7) days from the date the Corporation becomes aware of such act or occurrence. The notice will contain:

A. The time, date and location where the formal investigation will be held.

B. The date, approximate time and the location of the act or occurrence.

C. A description of the act or occurrence which is the subject of the investigation and rules which may be involved.

D. A statement that he may be represented by his duly accredited representative.

E. The identity of witnesses directed by the Corporation to attend.

2. When a letter of complaint against a Passenger Engineer is the basis for requiring him to attend the formal investigation, the Passenger Engineer will be furnished a copy of the written complaint together with the written notice for him to attend the investigation.

e. 1. The investigation must be scheduled to begin within seven (7) days from the date the Passenger Engineer received notice of the investigation.

2. A Passenger Engineer who may be subject to discipline will have the right to have present desired witnesses who have knowledge of the act or occurrence, to present testimony, and the Corporation will order employee witnesses to be in attendance.

3. The time limit is subject to the availability of the principal(s) involved and witness(es) to attend the formal investigation and may, by written notice to the Passenger Engineer involved, be extended by the equivalent amount of time the principal(s) involved or necessary witness(es) are off duty due to sickness, temporary disability, discipline, leave of absence or

vacation.

When a Passenger Engineer is being held out of service for a serious act or occurrence pending the investigation and other principal(s) or witness(es) are not available for the reasons cited, he may request commencement of the investigation. If either the Passenger Engineer or the Corporation officer is of the opinion that the testimony of the unavailable principal(s) or witness(es) is necessary for the final determination of the facts and discipline has been assessed against the Passenger Engineer an a result of the investigation, such discipline will be reviewed when the testimony of the missing principal(s) or witness(es) is available.

4. When a formal investigation is not scheduled to begin within the time limit as set forth in this Rule, no discipline will be assessed against the Passenger Engineer.

5. A Passenger Engineer who may be subject to discipline and his duly accredited representative will have the right to be present during the entire investigation. Witnesses may be examined separately but those whose testimony conflicts will be brought together.

f. When a Passenger Engineer is assessed discipline, a true copy of the investigation record will be given to the Passenger Engineer and to his duly accredited representative with the notice of discipline.

g. 1. If discipline is to be imposed following a formal investigation, the Passenger Engineer to be disciplined will be given a written notice of the decision within ten (10) days of the date the formal investigation is completed, and at least fifteen (15) days prior to the date on which the discipline is to become effective, except that in cases involving serious acts or occurrences, discipline may be effective at any time.

2. When a Passenger Engineer is required to perform service during a period of suspension, the balance of said suspension will be eliminated.

h. 1. When a Passenger Engineer or his duly accredited representative considers the discipline imposed unjust and has appealed the case in writing to the Labor Relations officer having jurisdiction within fifteen (15) days of the date the Passenger Engineer is notified of the discipline, the Passenger Engineer will be given an appeal hearing. Dismissal cases involving claims for time lost will be handled in accordance with the provisions of paragraph ”k”.

2. The hearing on an appeal, if requested, will be granted within fifteen (15) days of the Labor Relations officer’s receipt of the request for an appeal hearing.

3. Except when discipline assessed is dismissal, or when a Passenger Engineer has been held out of service under paragraph “b” and assessed discipline, this appeal will act as a stay in imposing the discipline until after the Passenger Engineer has been given an appeal hearing.

4. At appeal hearings, a Passenger Engineer may, if he desires to be represented at such hearings, be accompanied by his duly accredited representative.

5. The Labor Relations officer having jurisdiction will advise the Passenger Engineer of the decision, in writing at the conclusion of the appeal hearing, with a copy to the duly accredited representative. If the decision is to the effect that the discipline will be imposed, either in whole or for a reduced period, the stay referred to in paragraph “h3” will be lifted, and the discipline will be effective on the day following the day of the appeal hearing.

i. If a decision rendered by the Labor Relations officer is to be appealed, the General Chairman must, within sixty (60) days after the date the decision is rendered by the Labor Relations officer, make an appeal in writing to the highest appeals officer of the Corporation requesting either that he be given a written response or that the case be held in abeyance pending discussion in conference with the highest appeals officer of the Corporation. When a written response is requested, the highest appeals officer of the Corporation will give written notification of his decision to the General Chairman within sixty (60) days after the date of his receipt of the appeal. When a request is made for the case to be held in abeyance pending discussion in conference, the conference will be arranged within sixty (60) days after the highest officer of the Corporation receives the request for a conference. The highest appeals officer of the Corporation will give written notification of his decision to the General Chairman within sixty (60) days after the date of the conference.

j. The decision of the highest appeals officer of the Corporation will be final and binding unless, within sixty (60) days after the date of the written decision, that officer is notified in writing that his decision is not accepted. In the event of such notification, the decision on a case involving other than dismissal is still final and binding, unless the case is submitted to a tribunal having jurisdiction pursuant to law within one (1) year computed from the date the decision was rendered.

Expedited Procedure for Handling Dismissal Cases.

k. 1. When a Passenger Engineer is dismissed, his case may be given expedited handling by his General Chairman to a Special Board of Adjustment, which will meet in Philadelphia, PA, and be composed of three (3) members:

A. A representative of the Brotherhood of Locomotive Engineers.

B. The highest appeals officer of the Corporation or his designated representative.

C. A neutral member selected by the parties.

In the event the parties are unable to agree upon a neutral member, they will request the National Mediation Board to appoint a neutral. Such Special Board will be established pursuant to Public Law 89-456 89th Congress, H. R. 706 June 20, 1966, within thirty (30) days of the effective date of this Agreement.

2. Before invoking the services of the Special Board of Adjustment, the General Chairman must, within thirty (30) days after the date of a notice of dismissal, appeal the case in writing directly to the highest appeals officer of the Corporation.

3. In the written appeal, the General Chairman should either request a conference or waive the conference and request a written decision. When a conference is requested, a meeting date will be arranged as promptly as possible but not later than thirty (30) days after the highest appeals officer of the Corporation receives the request. The highest appeals officer will render a decision in writing to the General Chairman as promptly as possible, but not later than fifteen (15) days after the date the case is discussed in conference. When a written decision is requested, the highest appeals officer of the Corporation will render a decision in writing to the General Chairman as promptly as possible, but not later than thirty (30) days after the date the appeal is received.

4. The decision of the highest appeals officer of the Corporation will be final and binding unless, within thirty (30) days after the date the General Chairman receives the decision, the General Chairman notifies the highest appeals officer of the Corporation in writing of his desire to submit the case to the Special Board of Adjustment. After the highest appeals officer of the Corporation receives such notification, the Board will be convened as promptly as possible. The Board will render a final and binding decision as promptly as possible, but not later than thirty (30) days after the case is presented before the Board.

5. Claim for time lost will be waived in any dismissal case which the Organization does not progress under the Expedited Procedure for Handling Dismissal Cases. This will not preclude the Organization from progressing such a case to a tribunal having jurisdiction pursuant to law without regard to any time limits in this Rule. The progression of such a case will not be considered a request for leniency.

l. 1. Time limits provided for in this Rule may be extended or waived by agreements in writing between the applicable officer of the Corporation and the Passenger Engineer’s General Chairman or duly accredited representative.

2. If discipline assessed is not appealed within the time limits set forth in this Rule or as extended, the decision will be considered final, except as provided in paragraph “k5". If the decision on the appeal is not rendered within the time limits set forth in this Rule or as extended, the discipline assessed will be expunged.