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Title 130 | home
BLE
MAY 19, 1986
AWARD of ARBITRATION BOARD NO. 458
DATED MAY 19, 1986
between railroads represented by the
NATIONAL CARRIERS' CONFERENCE COMMITTEE
and
employees of such railroads represented by the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
APPENDIX B
IT IS HEREBY AGREED:
ARTICLE 1 - GENERAL WAGE INCREASES
Section l - First General Wage Increase
(a) Effective July 1, 1986, all standard basic dally rates
of pay (excluding cost-of-living allowance) of employees
represented by the Brotherhood of Locomotive Engineers in effect
on June 30, 1986 shall be increased by one (1) percent.
(b) In computing the increase under paragraph (a) above, one
(l) percent shall be applied to the standard basic daily rates of
pay applicable in the following weight-on-drivers brackets, and
the amounts so produced shall be added to each standard basic
daily rate of pay:
Passenger - 600,000 and less than 650,000 pounds
Freight - 950,000 and less than 1,000,000 pounds
(through freight rates)
Yard Engineers - Less than 500,000 pounds
Yard Firemen - Less than 500,000 pounds
(separate computation covering five-day
rates and other than five-day rates)
Section 2 - Second General Wage Increase
Effective July 1, 1986, following application of the wage
increase provided for in Section l(a) above, all standard basic
daily rates of pay (excluding cost-of-living allowance) of
employees represented by the Brotherhood of Locomotive Engineers
in effect shall be further increased by two (2) percent, computed
and applied in the manner prescribed in Section l above.
Section 3 - Third General Wage Increase
Effective October 1, 1986, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented
by the Brotherhood of Locomotive Engineers in effect on September
30, 1986, shall be increased by one and one-half (1.5) percent,
computed and applied in the manner prescribed in Section 1 above.
Section 4 - Fourth General Wage Increase
Effective January 1, 1987, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented
by the Brotherhood of Locomotive Engineers in effect on December
31, 1986, shall be increased by two and one-quarter (2.25)
percent, computed and applied in the manner prescribed in Section
1 above.
Section 5 - Fifth General Wage Increase
Effective July 1, 1987, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented
by the Brotherhood of Locomotive Engineers in effect on June 30,
1987, shall be increased by one and one-half (1.5) percent,
computed and applied in the manner prescribed in Section 1 above.
Section 6 - Sixth General Wage Increase
Effective January 1, 1988, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented
by the Brotherhood of Locomotive Engineers in effect on December
31, 1987, shall be increased by two and one-quarter (2.25)
percent, computed and applied in the manner prescribed in Section
1 above.
Section 7 - Standard Rates
The standard basic daily rates of pay (excluding cost-of-
living allowance) produced by application of the increases
provided for in this Article are set forth in Appendix 1, which
is a part of this Agreement.
Section 8 - Application of Wage Increases
(a) Duplicate time payments, including arbitraries and
special allowances that are expressed in time, miles or fixed
amounts of money, and mileage rates of pay for miles run in
excess of the number of miles comprising a basic day, will not be
subject to the adjustments provided for in this Article.
(b) Miscellaneous rates based upon hourly or daily rates of
pay, as provided in the schedules or wage agreements, shall be
adjusted under this Agreement in the same manner as heretofore
increased under previous wage agreements.
(c) In determining new hourly rates, fractions of a cent
will be disposed of by applying the next higher quarter of a
cent.
(d) Daily earnings minima shall be changed by the amount of
the respective daily adjustments.
(e) Existing money differentials above existing standard
daily rates shall be maintained.
(f) In local freight service, the same differential in
excess of through freight rates shall be maintained.
(g) The differential of $4.00 per basic day in freight and
yard service, and $.04 per mile for miles in excess of the number
of miles encompassed in the basic day in freight service, will be
maintained for engineers working without firemen on locomotives
on which under the former National Diesel Agreement of 1950
firemen would have been required. Such differential will continue
to be applied in the same manner as the local freight
differential.
(h) In computing the first increase in rates of pay
effective July 1, 1986, under Section 1 for firemen employed in
local freight service, or on road switchers, roustabout runs,
mine runs, or in other miscellaneous service, on runs of miles
equal to or less than the number comprising a basic day, which
are therefore paid on a daily basis without a mileage component,
whose rates had been increased by an additional $.40" effective
July 1, 1968, the one (1) percent increase shall be applied to
daily rates in effect June 30, 1986, exclusive of local freight
differentials and any other money differential above existing
standard daily rates. For firemen, the rates applicable in the
weight-on-drivers bracket 950,000 and less than 1,000,000 pounds
shall be utilized in computing the amount of increase. The same
procedure shall be followed in computing the second increase
effective July 1, 1986, and the subsequent increases effective
October 1, 1986, January 1, 1987, July 1, 1987 and January 1,
1988. The rates produced by application of the standard local
freight differentials and the above-referred-to special increase
of an additional $.40" to standard basic through freight rates of
pay are set forth in Appendix 1 which is a part of this
Agreement.
(i) Other than standard rates:
(i) Existing basic daily rates of pay other than
standard shall be changed, effective as of the dates specified in
Sections 1 through 6 hereof, by the same respective percentages
as set forth therein, computed and applied in the same manner as
the standard rates were determined.
(ii) The differential of $4.00 per basic day in freight
and yard service, and $.04 per mile for miles in excess of the
number encompassed in the basic day in freight service, will be
maintained for engineers working without firemen on locomotives
on which under the former National Diesel Agreement of 1950
firemen would have been required.
(iii) Daily rates of pay, other than standard, of
firemen employed in local freight service, or on road switchers,
roustabout runs, mine runs, or in other miscellaneous service, on
runs of miles equal to or less than the number encompassed in the
basic day, which are therefore paid on a daily basis without a
mileage component, shall be increased as of the effective dates
specified in Sections 1 through 6 hereof, by the same respective
percentages as set forth therein, computed and applied in the
same manner as provided in paragraph (i)(i) above.
(j) Wage rates resulting from the increases provided for in
Sections 1 through 6 of this Article I, and in Section 1(d) of
Article II, will not be reduced under Article II.
ARTICLE II - COST-OF-LIVING ADJUSTMENTS
Section 1 - Amount and Effective Dates of Cost-of-Living
Adjustments
(a) The cost-of-living allowance which, on September 30,
1986 will be 13 cents per hour, will subsequently be adjusted, in
the manner set forth in and subject to all the provisions of
paragraphs (e) and (g) below, on the basis of the "Consumer Price
Index for Urban Wage Earners and Clerical Workers (Revised
Series) (CPI-W)" (1967 = 100), U.S. Index, all items -
unadjusted, as published by the Bureau of Labor Statistics, U.S.
Department of Labor, and hereinafter referred to as the BLS
Consumer Price Index. The first such cost-of-living adjustment
shall be made effective October 1, 1986, based (subject to
paragraph (e)(i) below) on the BLS Consumer Price Index for March
1986 as compared with the index for September 1985. Such
adjustment, and further cost-of-living adjustments which will be
made effective as described below, will be based on the change in
the BLS Consumer Price Index during the respective measurement
periods shown in the following table subject to the exception in
paragraph (e)(ii) below, according to the formula set forth in
paragraph (f) below as limited by paragraph (g) below:
Measurement Periods
Effective Date
Base Month Measurement Month of
Adjustment
(1) (2)
(3)
September 1985 March 1986 October
1, 1986
March 1986 September 1986 January
1, 1987
September 1986 March 1987 July
1, 1987
March 1987 September 1987 January
1, 1988
(b) While a cost-of-living allowance is in effect, such cost-
of-living allowance will apply to straight time, overtime,
vacations, holidays and to special allowances in the same manner
as basic wage adjustments have been applied in the past, except
that any part of such allowance generated after September 30,
1986 shall not apply to duplicate time payments, including
arbitraries and special allowances that are expressed in time,
miles or fixed amounts of money or to mileage rates of pay for
miles run in excess of the number of miles comprising a basic
day.
(c) The amount of the cost-of-living allowance, if any,
which will be effective from one adjustment date to the next may
be equal to, or greater or less than, the cost-of-living
allowance in effect in the preceding adjustment period.
(d) On June 30, 1988 all of the cost-of-living allowance
then in effect shall be rolled into basic rates of pay and the
cost-of-living allowance in effect will be reduced to zero.
Accordingly, the amount rolled in will not apply to duplicate
time payments, including arbitraries and special allowances that
are expressed in time, miles or fixed amounts of money, and
mileage rates of pay for miles run in excess of the number of
miles comprising a basic day, except to the extent that it
includes part or all of the 13 cents per hour allowance in effect
on September 30, 1986.
(e) Cap. i) In calculations under paragraph (f) below, the
maximum increase in the BLS Consumer Price Index (C.P.I.) which
will be taken into account will be as follows:
Effective Date Maximum C.P.I.
Increase
of Adjustment Which May Be Taken into
Account
(1) 2)
October 1, 1986 4% of September 1985
CPI
January 1, 1987 8% of September 1985
CPI, less
the increase from September
1985
to March 1986
July 1, 1987 4% of September 1986 CPI
January 1, 1988 8% of September 1986
CPI, less
the increase from September
1986
to March 1987
(ii) If the increase in the BLS Consumer Price Index
from the base month of September 1985 to the measurement month of
March 1986, exceeds 4% of the September base index, the
measurement period which will be used for determining the cost-of-
living adjustment to be effective the following January will be
the twelve-month period from such base month of September; the
increase in the index which will be taken into account will be
limited to that portion of increase which is in excess of 4% of
such September base index, and the maximum increase in that
portion of the index which may be taken into account will be 8%
of such September base index less the 4% mentioned in the
preceding clause, to which will be added any residual tenths of
points which had been dropped under paragraph (f) below in
calculation of the cost-of-living adjustment which will have
become effective October 1 during such measurement period.
(iii) Any increase in the BLS Consumer Price Index from
the base month of September of one year to the measurement month
of September of the following year in excess of 8% of the
September base month index, will not be taken into account in the
determination of subsequent cost-of-living adjustments.
(f) Formula. The number of points change in the BLS
Consumer Price Index during a measurement period, as limited by
paragraph (e) above, will be converted into cents on the basis of
one cent equals 0.3 full points. (By 0.3 full points' it is
intended that any remainder of 0.1 point or 0.2 point of change
after the conversion will not be counted).
The cost-of-living allowance in effect on September 30, 1986
will be adjusted (increased or decreased) effective October 1,
1986 by the whole number of cents produced by dividing by 0.3 the
number of points (including tenths of points) change, as limited
by paragraph (e) above, in the BLS Consumer Price Index during
the measurement period from the base month of September 1985 to
the measurement month of March 1986. Any residual tenths of a
point resulting from such division will be dropped. The result
of such division will be added to the amount of the cost-of-
living allowance in effect on September 30, 1986 if the Consumer
Price Index will have been higher at the end than at the
beginning of the measurement period, and subtracted therefrom
only if the index will have been lower at the end than at the
beginning of the measurement period and then, only, to the extent
that the allowance remains at zero or above.
The same procedure will be followed in applying subsequent
adjustments.
(g) Offsets. The amounts calculated in accordance with the
formula set forth in paragraph (f) will be offset by the third
through the sixth increases provided for in Article I of this
Agreement as applied on an annual basis against a starting rate
of S12.92 per hour. This will result in the cost-of-living
increases, if any, being subject to the limitations herein
described:
(i) Any increase to be paid effective October 1, 1986
is limited to that in excess of 19 cents per hour.
(ii) The combined increases, if any, to be paid as a
result of the adjustments effective October 1, 1986 and January
1, 1987 are limited to those in excess of 48 cents per hour.
(iii) Any increase to be paid effective July 1, 1987 is
limited to that in excess of 20 cents per hour.
(iv) The combined increases, if any, to be paid as a
result of the adjustments effective July 1, 1987 and January 1,
1988 are limited to those in excess of 51 cents per hour.
(h) Continuance of the cost-of-living adjustments is
dependent upon the availability of the official monthly BLS
Consumer Price Index (CPI-W) calculated on the same basis as such
Index, except that, if the Bureau of Labor Statistics, U.S.
Department of Labor, should during the effective period of this
Agreement revise or change the methods or basic data used in
calculating the BLS Consumer Price Index in such a way as to
affect the direct comparability of such revised or changed index
with the CPI-W Index during a measurement period, then that
Bureau shall be requested to furnish a conversion factor designed
to adjust the newly revised index to the basis of the CPI-W Index
during such measurement period.
Section 2 - Application of Cost-of-Living Adjustments
In application of the cost-of-living adjustments provided
for by Section 1 of this Article II, the cost-of-living allowance
will not become part of basic rates of pay except as provided in
Section l(d). In application of such allowance, each one cent per
hour of cost-of-living allowance will be treated as an increase
of 8 cents in the basic daily rates of pay produced by
application of Article I and by Section 1(d) of this Article II.
The cost-of-living allowance will otherwise be applied in keeping
with the provisions of Section 8 of Article I.
ARTICLE III - LUMP SUM PAYMENT
A lump sum payment, calculated as described below, will be
paid to each employee subject to this Agreement who established
an employment relationship prior to the date of this Agreement
and has retained that relationship or has retired or died.
Employees with 2,150 or more straight time hours paid for
(not including any such hours reported to the Interstate Commerce
Commission as constructive allowances except vacations and
holidays) during the period July 1, 1984 through July 31, 1985
will be paid $565.00. Those employees with fewer straight time
hours paid for will be paid an amount derived by multiplying
$565.00 by the number of straight time hours (including vacations
and holidays, as described above) paid for during that period
divided by 2,150.
There shall be no duplication of lump-sum payments by virtue
of employment under an agreement with another organization.
ARTICLE IV - PAY RULES
Section 1 - Mileage Rates
(a) Mileage rates of pay for miles run in excess of the
number of miles comprising a basic day will not be subject to
general, cost-of-living, or other forms of wage increases.
(b) Mileage rates of pay, as defined above, applicable to
interdivisional, interseniority district, intradivisional and/or
intraseniority district service runs now existing or to be
established in the future shall not exceed the applicable rates
as of June 30, 1986. Such rates shall be exempted from wage
increases as provided in Section l(a) of this Article. Weight-on-
drivers additives will apply to mileage rates calculated in
accordance with this provision.
Section 2 - Miles in Basic Day and Overtime Divisor
(a) The miles encompassed in the basic day in through
freight and through passenger service and the divisor used to
determine when overtime begins will be changed as provided below:
Effective Date Thru Freight Service Thru Passenger
Service
of Change
Miles in Basic Overtime Miles in Basic
Overtime
Day Divisor Day
Divisor
July 1, 1986 104 13.0 104
20.8
July 1, 1987 106 13.25 106
21.2
June 30, 1988 108 13.5 108
21.6
(b) Mileage rates will be paid only for miles run in excess
of the minimum number specified in (a) above.
(c) The number of hours that must lapse before overtime
begins on a trip in through freight or through passenger service
is calculated by dividing the miles of the trip or the number of
miles encompassed in a basic day in that class of service,
whichever is greater, by the appropriate overtime divisor. Thus
after June 30, 1988, overtime will begin on a trip of 125 miles
in through freight service after 125/13.5 = 9.26 hours or 9 hours
and 16 minutes. In through freight service, overtime will not be
paid prior to the completion of 8 hours of service.
Section 3 - Conversion to Local Rate
When employees in through freight service become entitled to
the local rate of pay under applicable conversion rules, ,he
daily local freight differential (56 cents for engineers and 43
cents for firemen under national agreements) will be added to
their basic daily rate and the combined rate will be used as the
basis for calculating hourly rates, including overtime. The
local freight mileage differential (56 cents per mile for
engineers and 43 cents for firemen under national agreements)
will be added to the through freight mileage rates, and miles in
excess of the number encompassed in the basic day in through
freight service will be paid at the combined rate.
Section 4 - Engine Exchange (Including Adding and Subtracting of
Units)
And Other Related Arbitraries
(a) Effective July 1, 1986 all arbitrary allowances provided
to employees for exchanging engines, including adding and
subtracting units, preparing one or more units for tow, handling
locomotive units not connected in multiple, and coupling and/or
uncoupling appurtenances such as signal hose and control cables
are reduced by an amount equal to two-thirds of the allowance in
effect as of June 30, 1986.
(b) Effective July 1, 1987, all arbitrary allowances
provided to employees for performing work described in paragraph
(a) above are eliminated.
Section 5 - Duplicate Time Payments
(a) Duplicate time payments, including arbitraries and
special allowances that are expressed in time or miles or fixed
amounts of money, shall not apply to employees whose seniority in
engine or train service is established on or after November 1,
1985.
(b) Duplicate time payments, including arbitraries and
special allowances that are expressed in time or miles or fixed
amounts of money, not eliminated by this Agreement shall not be
subject to general, cost-of-living or other forms of wage
increases.
Section 6 - Rate Progression - New Hires
In any class of service or job classification, rates of pay,
additives, and other applicable elements of compensation for an
employee whose seniority in engine or train service is
established on or after November 1, 1985, will be 75% of the rate
for present employees and will increase in increments of 5
percentage points for each year of active service in engine
and/or train service until the new employee's rate is equal to
that of present employees. A year of active service shall consist
of a period of 365 calendar days in which the employee performs a
total of 80 or more tours of duty.
ARTICLE V - FINAL TERMINAL DELAY, FREIGHT SERVICE
Section 1 - Computation of Time
In freight service all time, in excess of 60 minutes,
computed from the time engine reaches switch, or signal governing
same, used in entering final terminal yard where train is to be
left or yarded, until finally relieved from duty, shall be paid
for as final terminal delay; provided, that if a train is
deliberately delayed between the last siding or station and such
switch or signal, the time held at such point will be added to
any time calculated as final terminal delay.
Section 2 - Extension of Time
Where mileage is allowed between the point where final
terminal delay time begins and the point where finally relieved,
each mile so allowed will extend the 60 minute period after which
final terminal delay payment begins by the number of minutes
equal to 60 divided by the applicable overtime divisor (60/12.5 =
4.8; 60/13 = 4.6; 60/13.25 = 4.5; 60/13.5 = 4.4, etc.).
Section 3 - Payment Computation
All final terminal delay, computed as provided for in this
Article, shall be paid for, on the minute basis, at one-eighth
(1/8th) of the basic daily rate in effect as of June 30, 1986,
according to class of service and engine used, in addition to
full mileage of the trip, with the understanding that the actual
time consumed in the performance of service in the final terminal
for which an arbitrary allowance of any kind is paid shall be
deducted from the final terminal time under this Article. The
rate of pay for final terminal delay allowance shall not be
subject to increases of any kind.
After road overtime commences, final terminal delay shall
not apply and road overtime shall be paid until finally relieved
from duty
NOTE: The phrase "relieved from duty" as used in this
Article includes time required to make inspection,
complete all necessary reports and/or register off
duty.
Section 4 - Multiple Trips
When a tour of duty is composed of a series of trips, final
terminal delay will be computed on only the last trip of the tour
of duty.
Section 5 - Exceptions
This Article shall not apply to pusher, helper, mine run,
shifter, roustabout, transfer, belt line, work, wreck,
construction, road switcher or district run service. This
Article shall not apply to circus train service where special
rates or allowances are paid for such service.
NOTE: The question as to what particular service is
covered by the designations used in Section 5
shall be determined on each individual railroad in
accordance with the rules and practices in effect
thereon.
Section 6 - Local Freight Service
In local freight service, time consumed in switching at
final terminal shall not be included in the computation of final
terminal delay time.
- - - - - - - - - -
This Article shall become effective July 1, 1986 except on
such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives
on or before such date.
ARTICLE VI - DEADHEADING
Existing rules covering deadheading are revised as follows:
Section 1 - Payment When Deadheading and Service Are Combined
(a) Deadheading and service may be combined in any manner
that traffic conditions require, and when so combined employees
shall be paid actual miles or hours on a continuous time basis,
with not less than a minimum day, for the combined service and
deadheading. However, when deadheading from the away-from-home
terminal to the home terminal is combined with a service trip
from such home terminal to such away-from-home terminal and the
distance between the two terminals exceeds the applicable mileage
for a basic day, the rate paid for the basic day mileage portions
of the service trip and deadhead shall be at the full basic daily
rate.
Section 2 - Payment For Deadheading Separate From Service
When deadheading is paid for separate and apart from
service:
(a) For Present Employees*
A minimum day, at the basic rate applicable to the class of
service in connection with which deadheading is performed, shall
be allowed for the deadheading, unless actual time consumed is
greater, in which event the latter amount shall be allowed.
(b) For New Employees**
Compensation on a minute basis, at the basic rate applicable
to the class of service in connection with which deadheading is
performed, shall be allowed. However, if service after
deadheading to other than the employee's home terminal does not
begin within 16 hours after completion of deadhead, a minimum of
a basic day at such rate will be paid. If deadheading from
service at other than the employee's home terminal does not
commence within 16 hours of completion of service, a minimum of a
basic day at such rate will be paid.
A minimum of a basic day also will be allowed where two
separate deadhead trips, the second of which is out of other than
the home terminal, are made with no intervening service
performed. Non-service payments such as held-away-from-home
terminal allowance will count toward the minimum of a basic day
provided in this Section 2(b).
* Employees whose seniority in engine or train service
precedes November 1, 1985.
** Employees whose earliest seniority date in engine or
train service is established on or after November 1, 1985.
Section 3 - Applications
Deadheading will not be paid where not paid under existing
rules.
- - - - - - - - - -
This Article shall become effective July 1, 1986 except on
such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives
on or before such date.
ARTICLE VII - ROAD SWITCHERS ETC.
Section 1 - Reduction in Work Week
(a) Carriers with road switcher (or similar operations),
mine run or roustabout agreements in effect prior to the date of
this Agreement that do not have the right to reduce six or seven-
day assignments to not less than five, or to establish new
assignments to work five days per week, shall have that right.
(b) The work days of five-day assignments reduced or
established pursuant to Section l(a) of this Article shall be
consecutive. The five-day yard rate shall apply to new
assignments established pursuant to Section l(a) of this Article.
Assignments reduced pursuant to Section l(a) shall be compensated
in accordance with the provisions of Section l(c).
(c) If the working days of an existing assignment as
described in Section l(a) are reduced under this Article, an
allowance of 48 minutes at the existing straight time rate of
that assignment in addition to the rate of pay for that
assignment will be provided. Such allowance will continue for a
period of three years from the date such assignment was first
reduced. However, such allowance will not be made to employees
who establish seniority in train or engine service on or after
November 1, 1985. Upon expiration of the three year period
described above, the five day yard rate will apply to any
assignment reduced to working less than six or seven days a week
pursuant to this Article.
(d) The annulment or abolishment and subsequent re-
establishment of an assignment to which the allowance provided
for above applies shall not serve to make the allowance
inapplicable to the assignment upon its restoration.
Section 2 - New Road Switcher Agreements
(a) Carriers that do not have rules or agreements that allow
them to establish road switcher assignments throughout their
system may serve a proposal for such a rule upon the interested
general chairman or chairmen. If agreement is not reached on the
proposal within 20 days, the question shall be submitted to
arbitration.
(b) The arbitrator shall be selected by the parties or, if
they fail to agree, the National Mediation Board will be
requested to name an arbitrator.
(c) The arbitrator shall render a decision within 30 days
from the date he accepts appointment. The decision shall not deal
with the right of the carrier to establish road switcher
assignments (such right is recognized), but shall be restricted
to enumerating the terms and conditions under which such
assignments shall be compensated and operated.
(d) In determining the terms and conditions under which road
switcher assignments shall be compensated and operated, the
arbitrator will be guided by and confined to what are the
prevailing features of other road switcher agreements found on
Class I railroads, except that the five day yard rate shall apply
to any assignment established under this Section.
ARTICLE VIII - ROAD, YARD AND INCIDENTAL WORK
Section 1 - Road Crews
Road crews may perform the following work in connection with
their own trains without additional compensation:
(a) Get or leave their train at any location within the
initial and final terminals and handle their own switches. When a
crew is required to report for duty or is relieved from duty at a
point other than the on and off duty point fixed for that
assignment and such point is not within reasonable walking
distance of the on and off duty point, transportation will be
provided.
(b) Make up to two straight pick-ups at other location(s) in
the initial terminal in addition to picking up the train and up
to two straight set-outs at other location(s) in the final
terminal in addition to yarding the train; and, in connection
therewith, spot, pull, couple, or uncouple cars set out or picked
up by them and reset any cars disturbed.
(c) In connection with straight pick-ups and/or set-outs
within switching limits at intermediate points where yard crews
are on duty, spot, pull, couple or uncouple cars set out or
picked up by them and reset any cars disturbed in connection
therewith.
(d) Perform switching within switching limits at times no
yard crew is on duty. On carriers on which the provisions of
Section 1 of Article V of the June 25, 1964 Agreement are
applicable, time consumed in switching under this provision shall
continue to be counted as switching time. Switching allowances,
where applicable, under Article V, Section 7 of the June 25, 1964
Agreement or under individual railroad agreements, payable to
road crews, shall continue with respect to employees whose
seniority in engine or train service precedes the date of this
Agreement and such allowances are not subject to general or other
wage increases.
(e) At locations outside of switching limits there shall be
no restrictions on holding onto cars in making set-outs or pick-
ups, including coupling or shoving cars disturbed in making set-
outs or pick-ups.
Section 2 - Yard Crews
(a) Yard crews may perform the following work outside of
switching limits without additional compensation except as
provided below:
(i) Bring in disabled train or trains whose crews have
tied up under the Hours of Service Law from locations up to 25
miles outside of switching limits.
(ii) Complete the work that would normally be handled
by the crews of trains that have been disabled or tied up under
the Hours of Service Law and are being brought into the terminal
by those yard crews. This paragraph does not apply to work train
or wrecking service.
Note: For performing the service provided in (a)(i) and
(ii) above, yard crews shall be paid miles or
hours, whichever is the greater, with a minimum of
one (1) hour for the class of service performed
(except where existing agreements require payment
at yard rates) for all time consumed outside of
switching limits. This allowance shall be in
addition to the regular yard pay and without any
deduction therefrom for the time consumed outside
of switching limits. Such payments are limited to
employees whose seniority date in engine or train
service precedes November 1, 1985 and is not
subject to general or other wage increases.
(iii) Perform service to customers up to 20 miles
outside switching limits provided such service does not result in
the elimination of a road crew or crews in the territory. The use
of a yard crew in accordance with this paragraph will not be
construed as giving yard crews exclusive rights to such work.
This paragraph does not contemplate the use of yard crews to
perform work train or wrecking service outside switching limits.
(iv) Nothing in this Article will serve to prevent or
affect in any way a carrier's right to extend switching limits in
accordance with applicable agreements. However, the distances
prescribed in this Article shall continue to be measured from
switching limits as they existed as of July 26, 1978, except by
mutual agreement.
(b) Yard crews may perform hostling work without additional
payment or penalty.
Section 3 - Incidental Work
Road and yard employees in engine service and qualified
ground service employees may perform the following items of work
in connection with their own assignments without additional
compensation:
(a) Handle switches
(b) Move, turn, spot and fuel locomotives
(c) Supply locomotives except for heavy equipment and
supplies generally placed on locomotives by employees
of other crafts
(d) Inspect locomotives
(e) Start or shutdown locomotives
(f) Make head-end air tests
(g) Prepare reports while under pay
(h) Use communication devices; copy and handle train
orders, clearances and/or other messages.
(I) Any duties formerly performed by firemen.
Section 4 - Construction of Article
Nothing in this Article is intended to restrict any of the
existing rights of a carrier.
- - - - - - - - - -
This Article shall become effective June 1, 1986 except on
such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives
on or before such date.
ARTICLE IX - INTERDIVISIONAL SERVICE
Note: As used in this Agreement, the term interdivisional
service includes interdivisional, interseniority
district, intradivisional and/or intraseniority
district service.
An individual carrier may establish interdivisional service,
in freight or passenger service, subject to the following
procedure.
Section 1 - Notice
An individual carrier seeking to establish interdivisional
service shall give at least twenty days' written notice to the
organization of its desire to establish service, specify the
service it proposes to establish and the conditions, if any,
which it proposes shall govern the establishment of such service.
Section 2 - Conditions
Reasonable and practical conditions shall govern the
establishment of the runs described, including but not limited to
the following:
(a) Runs shall be adequate for efficient operations and
reasonable in regard to the miles run, hours on duty and in
regard to other conditions of work.
(b) All miles run in excess of the miles encompassed in the
basic day shall be paid for at a rate calculated by dividing the
basic daily rate of pay in effect on May 31, 1986 by the number
of miles encompassed in the basic day as of that date. Weight-on-
drivers additives will apply to mileage rates calculated in
accordance with this provision.
(c) When a crew is required to report for duty or is
relieved from duty at a point other than the on and off duty
points fixed for the service established hereunder, the carrier
shall authorize and provide suitable transportation for the crew.
Note: Suitable transportation includes carrier owned or
provided passenger carrying motor vehicles or
taxi, but excludes other forms of public
transportation.
(d) On runs established hereunder crews will be allowed a
$4.15 meal allowance after 4 hours at the away from home terminal
and another $4.15 allowance after being held an additional 8
hours.
(e) In order to expedite the movement of interdivisional
runs, crews on runs of miles equal to or less than the number
encompassed in the basic day will not stop to eat except in cases
of emergency or unusual delays. For crews on longer runs, the
carrier shall determine the conditions under which such crews may
stop to eat. When crews on such runs are not permitted to stop to
eat, crew members shall be paid an allowance of $1.50 for the
trip.
(f) The foregoing provisions (a) through (e) do not preclude
the parties from negotiating on other terms and conditions of
work.
Section 3 - Procedure
Upon the serving of a notice under Section 1, the parties
will discuss the details of operation and working conditions of
the proposed runs during a period of 20 days following the date
of the notice. If they are unable to agree, at the end of the 20-
day period, with respect to runs which do not operate through a
home terminal or home terminals of previously existing runs which
are to be extended, such run or runs will be operated on a trial
basis until completion of the procedures referred to in Section
4. This trial basis operation will not be applicable to runs
which operate through home terminals.
Section 4 - Arbitration
(a) In the event the carrier and the organization cannot
agree on the matters provided for in Section 1 and the other
terms and conditions referred to in Section 2 above, the parties
agree that such dispute shall be submitted to arbitration under
the Railway Labor Act, as amended, within 30 days after
arbitration is requested by either party. The arbitration board
shall be governed by the general and specific guidelines set
forth in Section 2 above.
(b) The decision of the arbitration board shall be final and
binding upon both parties, except that the award shall not
require the carrier to establish interdivisional service in the
particular territory involved in each such dispute but shall be
accepted by the parties as the conditions which shall be met by
the carrier if and when such interdivisional service is
established in that territory. Provided further, however, if
carrier elects not to put the award into effect, carrier shall be
deemed to have waived any right to renew the same request for a
period of one year following the date of said award, except by
consent of the organization party to said arbitration.
Section 5 - Existing Interdivisional Service
Interdivisional service in effect on the date of this
Agreement is not affected by this Article.
Section 6 - Construction of Article
The foregoing provisions are not intended to impose
restrictions with respect to establishing interdivisional service
where restrictions did not exist prior to the date of this
Agreement.
Section 7 - Protection
Every employee adversely affected either directly or
indirectly as a result of the application of this rule shall
receive the protection afforded by Sections 6, 7, 8 and 9 of the
Washington Job Protection Agreement of May 1936, except that for
the purposes of this Agreement Section 7(a) is amended to read
100% (less earnings in outside employment) instead of 60% and
extended to provide period of payment equivalent to length of
service not to exceed 6 years and to provide further that
allowances in Sections 6 and 7 be increased by subsequent general
wage increases.
Any employee required to change his residence shall be
subject to the benefits contained in Sections 10 and 11 of the
Washington Job Protection Agreement and in addition to such
benefits shall receive a transfer allowance of four hundred
dollars ($400.00) and five working days instead of the "two
working days" provided by Section 10(a) of said agreement. Under
this Section, change of residence shall not be considered
"required" if the reporting point to which the employee is
changed is not more than 30 miles from his former reporting
point.
If any protective benefits greater than those provided in
this Article are available under existing agreements, such
greater benefits shall apply subject to the terms and obligations
of both the carrier and employee under such agreements, in lieu
of the benefits provided in this Article.
- - - - - - - - - -
This Article shall become effective June 1, 1986 except on
such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives
on or before such date. Article VIII of the May 13, 1971
Agreement shall not apply on any carrier on which this Article
becomes effective.
ARTICLE X - LOCOMOTIVE STANDARDS
In run-through service, a locomotive which meets the basic
minimum standards of the home railroad or section of the home
railroad may be operated on any part of the home railroad or any
other railroad.
A locomotive which meets the basic minimum standards of a
component of a merged or affiliated rail system may be operated
on any part of such system.
ARTICLE XI - TERMINATION OF SENIORITY
The seniority of any employee whose seniority-in engine or
train service is established on or after November 1, 1985 and who
is furloughed for 365 consecutive days will be terminated if such
employee has less than three (3) years of seniority.
ARTICLE XII - FIREMEN
A. On carriers where the Brotherhood of Locomotive Engineers
represents firemen and the provisions of the July 19, 1972
Manning and Training Agreements, as amended, are in effect, the
following will apply:
The craft or class of firemen (helpers) shall be eliminated
through attrition except to the extent necessary to provide the
source of supply for engineers and for designated passenger
firemen, hostler and hostler helper positions.
Section 1 - Amendments to July 19, 1972 Manning and Training
Agreements
(1) Change Article I, Section l(a) to read as follows:
"(a) For fulfilling needs arising as the result of
assignments and vacancies, temporary or otherwise, in
designated passenger service and in hostler, hostler-helper
service, pursuant to mileage or other regulating factors on
individual carriers and in accordance with Article IV of
this Agreement."
(2) Change Article I, Section 3(a) to read as follows:
"(a) Determinations of the number of employees required on
each seniority district will be based on the maximum
applicable regulating factor for each class of service
contained in the rules on each carrier relating to
increasing or decreasing the force of locomotive engineers."
(3) Change Article I, Section 3(e) to read as follows:
"(e) The number of employees required as of each
determination period will be based on engineer service
during the twelve months' period as follows:
Passenger service
Total hours paid for multiplied by the number of miles
encompassed in a minimum day divided by the number of
hours encompassed in a minimum day.
Freight service
Total hours paid for plus one-half overtime hours,
multiplied by the number of miles encompassed in a
minimum day divided by the number of hours encompassed
in a minimum day.
Yard service
Total hours paid for plus one-half overtime hours,
divided by 8.
The results thus obtained shall be divided by the maximum
applicable regulating factor as provided in paragraph (a) of
this Section 3. The sum of employees thus determined will be
increased by 10% to cover vacations and layoffs.
NOTE: As used in this paragraph, the term 'total hours
paid for' includes all straight time hours paid
for including hours paid for while working during
scheduled vacation periods and the basic day's pay
for holidays as such, all overtime hours paid for
including overtime paid for working on holidays,
and the hourly equivalent of arbitraries and
special allowances provided for in the schedule
agreements. The term does not include the hourly
equivalent of vacation allowances or allowances in
lieu of vacations, or payments arising out of
violations of the schedule agreement."
(4) Change Article I, Section 3(f) by inserting "and on
furlough" in the first and second sentences after "the number of
firemen in active service" and by eliminating (1) to the NOTE and
renumbering the remaining three enumerated items.
(5) Eliminate Section 3(h) of Article I and reletter the
subsequent subsection.
(6) Change Article III, Section 1 to read as follows:
"Section 1 - Firemen (helpers) whose seniority as such was
established prior to November 1, 1985 shall have the right
to exercise their seniority on assignments on which, under
the National Diesel Agreement of 1950 (as in effect on
January 24, 1964), the use of firemen (helpers) would have
been required, and on available hostler and hostler helper
assignments subject to the following exceptions:
(a) When required to fulfill experience requirements
for promotion, or engaged in a scheduled training
program.
(b) When their services are required to qualify for or
fill passenger or hostler or hostler helper vacancies
in accordance with Article IV of this Agreement.
(c) When restricted to specific assignments as
referred to in Article VI of this Agreement.
(d) When required to fill engineer vacancies or
assignments.
The exercise of seniority under this Article will be subject
to the advertisement, bidding, assignment, displacement and
mileage rules on the individual carriers.
NOTE: As to any carrier not subject to the National
Diesel Agreement of 1950 on January 24, 1964, the
term 'the rules in effect on January 24, 1964
respecting assignments (other than hostling
assignments) to be manned by firemen (helpers)'
shall be substituted in this Article for the term
'the National Diesel Agreement of 1950."'
"Section 1.5 - Firemen (helpers) whose seniority as such is
established on or after November 1, 1985 will have the right
to exercise seniority limited to designated positions of
passenger fireman, hostler or hostler helper. The seniority
rights of such firemen are subject to the following
exceptions:
(a) When required to fulfill experience requirements
for promotion, or engaged in a scheduled training
program.
(b) When required to fill engineer vacancies or
assignments.
This will not preclude the carrier from requiring firemen to
maintain proficiency as engineer and familiarity with
operations and territories by working specified
assignments."
(7) Change Article III, Section 4 to read as follows:
"Section 4(a) - All firemen (helpers) whose seniority as
such was established prior to November 1, 1985 will be
provided employment in accordance with the provisions of
this Article until they retire, resign, are discharged for
good cause, or are otherwise severed by natural attrition;
provided, however, that such firemen (helpers) may be
furloughed if no assignment working without a fireman
(helper) exists on their seniority district which would have
been available to firemen (helpers) under the National
Diesel Agreement of 1950 (as in effect on January 24, 1964),
and if no position on an extra list as required in Section 3
above exists on their seniority district, subject to Section
5 of this Article."
"Section 4(b) - Firemen whose seniority as such is
established on or after November 1, 1985 may be furloughed
when not utilized pursuant to Section 1.5 of this Article."
(8) Change Article III, Section 5(a) to read as follows:
"Section 5(a) - With respect to firemen (helpers) employed
after July 19, 1972 and prior to November 1, 1985 the
provisions of Section 4(a) above will be temporarily
suspended on any seniority district to the extent provided
in this Section 5 if there is a decline in business within
the meaning of this Section."
(9) Change Article IV, Section 1 to read as follows:
"Section 1 - Firemen (helpers) who established a seniority
date as fireman prior to November 1, 1985 shall be used on
assignments in passenger service on which under agreements
in effect immediately prior to August 1, 1972, the use of
firemen (helpers) would have been required. The use in
passenger service of firemen (helpers) who establish
seniority as firemen on or after November 1, 1985 will be
confined to assignments designated by the carrier."
(10) Change Article IV, Section 2 to read as follows:
"(a) Except as modified hereinafter, assignments in
hostling service will continue to be filled when required by
agreements in effect on individual carriers.
(b) The carriers may discontinue using employees
represented by the Brotherhood of Locomotive Engineers as
hostlers or hostler helpers provided that it does not result
in furlough of a fireman who established seniority prior to
November 1, 1985 nor the establishment of a hostler position
represented by another organization, and provided, further,
that this provision will not act to displace any employee
who established seniority prior to November 1, 1985 and who
has no rights to service except as hostler or hostler
helper.
(c) Employees in engine service who established seniority
prior to November 1, 1985 will continue to fill hostler and
hostler helper positions and vacancies thereon in accordance
with agreements in effect as of that date. If such position
cannot be filled by such employees, and it is not
discontinued pursuant to Paragraph (b) above, other
qualified employees may be used.
(d) Yard crews may perform hostling work without additional
payment or penalty to the carrier.'
(11) Change Article VIII to read as follows:
ARTICLE - VIII - RESERVE FIREMEN
The carrier shall have the right to offer 'Reserve Fireman'
status to any number of active firemen, working as such,
with seniority as firemen prior to November 1, 1985 (who are
subject to work as locomotive engineers). Where applied,
Reserve Fireman status shall be granted in seniority order
on a seniority district or home zone basis under the terms
listed below:
(1) An employee who chooses Reserve Fireman status must
remain in that status until he either (i) is recalled
and returns to hostler or engine service pursuant to
Paragraph (2), (ii) is discharged from employment by
the carrier pursuant to Paragraph (2), (iii) is
discharged from employment by the carrier for other
good cause, (iv) resigns from employment by the
carrier, (v) retires on an annuity (including a
disability annuity) under the Railroad Retirement Act,
or (vi) otherwise would not be entitled to free
exercise of seniority under this Fireman Manning
Agreement; whichever occurs first. If not sooner
terminated, Reserve Fireman status and all other
employment rights of a Reserve Fireman shall terminate
when he attains age 70.
(2) Reserve Firemen must maintain their engine service and
hostler proficiencies while in such status, including
successfully completing any retraining or refresher
programs that the carrier may require and passing any
tests or examinations (including physical examinations)
administered for purposes of determining whether such
proficiencies and abilities have been maintained.
Reserve Firemen also must hold themselves available for
return to hostler and engine service upon seven days'
notice, and must return to hostler or engine service in
compliance with such notice. Reserve Firemen shall be
recalled in reverse seniority order unless recalled for
service as engineer. Failure to comply with any of
these requirements will result in forfeiture of all
seniority rights.
(3) Reserve Firemen shall be paid at 70% of the basic yard
fireman's rate for five days per week. No other
payments shall be made to or on behalf of a Reserve
Fireman except (i) payment of premiums under applicable
health and welfare plans and, (ii) as may otherwise be
provided for in this Article. No deductions from pay
shall be made on behalf of a Reserve Fireman except (i)
deductions of income, employment or payroll taxes
(including railroad retirement taxes) pursuant to
federal, state or local law; (ii) deductions of dues
pursuant to an applicable union shop agreement and any
other deductions authorized by agreement, (iii) as may
otherwise be authorized by this Article and (iv) any
other legally required deduction.
(4) Reserve Firemen shall be considered in active service
for the purpose of this Fireman Manning Agreement,
including application of the decline in business
formula.
(5) Other non-railroad employment while in Reserve Fireman
status is permissible so long as there is no conflict
of interest. There shall be no offset for outside
earnings.
(6) Vacation pay received while in Reserve Fireman status
will offset pay received under paragraph (3). Time
spent in reserve status will not count toward
determining whether the employee is eligible for
vacation in succeeding years. It will count as time in
determining the length of the vacation to which an
employee, otherwise eligible, is entitled.
(7) Reserve Firemen are not eligible for:
Holiday Pay
Personal Leave
Bereavement Leave
Jury Pay
Other similar special allowances
(8) Reserve Firemen are covered by:
Health and Welfare Plans
Union Shop
Dues Check-off
Discipline Rule
Grievance Procedure
that are applicable to firemen (helpers) in active
service.
(9) When junior employees are in 'Reserve Fireman' status,
a senior active fireman may request such status. The
carrier shall grant such a request and, at its
discretion, recall the junior 'Reserve Fireman."
Section 2 - Application
Any conflict between the changes set forth herein and the
provisions of the July 19, 1972 Manning Agreement, as revised,
shall be resolved in accordance with the provisions of this
Agreement.
B. On carriers where the Brotherhood of Locomotive Engineers
represents firemen and the provisions of the July 19, 1972
Manning and Training Agreements, as amended, are not in effect,
the following will apply:
(1) The craft or class of firemen* shall be eliminated through
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