|
|
 |
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
attrition except to the extent necessary to provide the
source of supply for engineers and for designated passenger
firemen, hostlers and hostler helper positions.
*The term firemen as used in this Article, includes any
position, including apprentice, assistant or reserve
engineer, the occupant of which is in training for position
of engineer or who is a qualified engineer unable, because
of seniority, to hold a position as engineer.
(2) Firemen whose seniority as such was established prior to
November 1, 1985 shall have the right to exercise their
seniority on assignments, on which immediately preceding the
date of this agreement, they were permitted to exercise
seniority as firemen, 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 or fill
passenger or hostler or hostler helper vacancies under
existing agreements
(c) when restricted to a particular position, assignment or
type of service for reasons including but not limited
to physical disability, discipline, failure to pass
promotional examination or other cause
(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.
(3) Firemen 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.
(4) All firemen 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 may be furloughed if no assignment working without a
fireman exists on their seniority district which would have
been available to firemen under agreements in effect
immediately preceding the date of this agreement and if no
position on a fireman's extra list exists on their seniority
district.
(5) Firemen whose seniority as such is established on or after
November 1, 1985 may be furloughed when not utilized under
paragraph (3) of this Article.
(6) Firemen 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 the date of this agreement, the use of
firemen would have been required. The use in passenger
service of firemen who establish seniority as firemen on or
after November 1, 1985 will be confined to assignments
designated by the carrier.
(7) (a) Except as modified hereinafter, assignments in hostling
service will continue to be filled when required by
assignments 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 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.
(d) Yard crews may perform hostling work without additional
payment or penalty to the carrier.
(8) 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:
(a) 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 (b), (ii) is discharged from employment by
the carrier, pursuant to Paragraph (b), (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; 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.
(b) 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
test 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.
(c) 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.
(d) Reserve Firemen shall be considered in active service
for the purpose of any agreement respecting firemen's
rights to work or in any decline in business formula.
(e) 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.
(f) Vacation pay received while in Reserve Fireman status
will offset pay received under paragraph (c). 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.
(g) Reserve Firemen are not eligible for:
Holiday Pay
Personal Leave
Bereavement Leave
Jury Pay
Other similar special allowances
(h) Reserve Firemen are covered by:
Health and Welfare Plans
Union Shop
Dues Check-off
Discipline Rule
Grievance Procedure
that are applicable to firemen in active service.
(i) 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."
(9) Existing agreements providing for the furloughing of firemen
in event of decline in business or under emergency
conditions shall continue to apply.
(10) Any conflict between the changes set forth herein and the
provisions of existing agreements shall be resolved in
accordance with the provisions of this Agreement.
ARTICLE XIII - RETENTION OF SENIORITY
Any existing condition which requires a locomotive engineer
(1) to forfeit ground service seniority, or (2) to forfeit
locomotive engineer seniority when working in ground service, is
eliminated.
ARTICLE XIV - EXPENSES AWAY PROM HOME
Effective July 1, 1986, the meal allowance provided for in
Article II, Section 2 of the June 25, 1964 National Agreement, as
amended, is increased from $3.85 to $4.15.
ARTICLE XV - BENEFITS PROVIDED UNDER THE RAILROAD EMPLOYEES
NATIONAL
HEALTH AND WELFARE PLAN
Section 1 - Continuation of Plan
Except as provided in this Article, the benefits and other
provisions under the Railroad Employees National Health and
Welfare Plan will be continued. Contributions to the Plan will
be offset by the expeditious use of such amounts as may at any
time be in Special Account A or in one or more special accounts
or funds maintained by the insurer in connection with Group
Policy Contract GA-23000, and by the use of funds held in trust
that are not otherwise needed to pay claims, premiums or
administrative expenses which are payable from trust.
Section 2 - Benefit Changes
The following changes in benefits provided under the Plan
and in matters related to such benefits will be made:
(a) Hospital Pre-Admission & Utilization Review Program -
This program shall include a comprehensive guidance and support
structure for employees and other beneficiaries covered by the
Plan and their physicians beginning prior to planned
hospitalization and continuing through recovery period. The
program shall include, among other things, review of the
propriety of hospital admission (including the feasibility of
ambulatory center or outpatient treatment), the plan of
treatment including the length of confinement, the
appropriateness of a second surgical opinion, discharge planning
and the use of effective alternative facilities during
convalescence. Reduced benefits will be provided if the program
is not fully complied with. This program shall become effective
as soon as practicable in order to provide adequate time to set
up and communicate the program.
(b) Extension of Benefits - Vacation pay received by a
furloughed employee shall not qualify such employee for any
benefits under the Plan and will not generate premium payments on
his behalf. This change shall become effective January 1, 1988.
(c) Reinsurance - Reinsurance will be discontinued as soon
as practicable.
Section 3 - Special Committee
(a) A Special Committee selected by the parties will be
established for the purpose of reviewing and making
recommendations concerning ways to contain health care costs
consistent with maintaining the quality of medical care; and
reviewing the existing Plan structure and financing and making
recommendations in connection therewith. In addition, the
Committee may review and make recommendations with respect to any
other matter included in the parties' notices with respect
to the health care plan.
(b) The Committee shall retain the services of a recognized
expert on health care systems to serve as a neutral chairman. The
fees and expenses of the chairman shall be paid by the parties.
(c) The Committee shall be convened as promptly as possible
and meet periodically until all of the matters that it considers
are resolved. However, if the Committee has not resolved all
issues by August 1, 1986, the neutral chairman will make
recommendations on such unresolved issues no later than September
1, 1986. Upon voluntary resolution of all issues or upon
issuance of recommendations by the neutral chairman, whichever is
later, the Committee shall be dissolved.
(d) The proposals of the parties concerning health benefits
(specifically, the organization's proposals dated January 17,
1984, entitled "Revise Contract Policy GA-23000" and the
carriers' proposals dated on or about January 23, 1984, entitled
"C. Insured Benefits") shall not be subject to the moratorium
provisions of this Agreement, but, rather, shall be held in
abeyance pending efforts to resolve these issues through the
procedure established above. If, after 60 days from the date the
neutral Chairman makes his recommendations, the parties have not
reached agreement on all unresolved issues, the notices may be
progressed under the procedures of the Railway Labor Act, as
amended.
(e) Agreement reached by the parties on these issues will
provide for a contract duration consistent with the provisions of
Article XVIII of the Agreement, regardless of whether such
agreement occurs during the time that the proposals of the
parties are held in abeyance or subsequent to the time that they
may be progressed in accordance with the procedures of the
Railway Labor Act as provided for above.
ARTICLE XVI - INFORMAL DISPUTES COMMITTEE
Disputes arising over the application or interpretation of
this agreement will, in the absence of a contrary provision, be
referred to an Informal Disputes Committee consisting of an equal
number of representatives of both parties.
If the Committee is unable to resolve a dispute, it may
consider submitting the dispute to arbitration on a national
basis for the purpose of ensuring a uniform application of the
provisions of this Agreement.
ARTICLE -VII - LOCOMOTIVE DESIGN, CONSTRUCTION AND MAINTENANCE
Section 1 - Maintenance Of Locomotives
The parties recognize the importance of maintaining safe,
sanitary, and healthful cab conditions on locomotives.
This Agreement affirms the carriers' responsibility to
provide and maintain the aforementioned conditions particularly,
although not limited to, such locomotive cab conditions as:
heating, water coolers, toilet facilities, insulation,
ventilation-fumes, level of cab noise, visibility, lighting and
footing.
The parties recognize that one way to achieve and maintain
safe, sanitary, and healthful cab conditions on locomotives is by
establishing procedures on each railroad for monitoring cab
conditions and expediting the reporting and correction of
maintenance deficiencies.
A. Local Implementation
Each individual carrier will designate an appropriate
official(s) who will contact the BLE General Chairman (Chairmen)
and arrange a meeting within 30 days from the date of this
Agreement for the following purpose:
(a) Review the policies on the individual railroad
concerning the existing procedures for reporting and correcting
locomotive deficiencies, assess the effectiveness of such
procedures, and, where appropriate, establish methods for
obtaining more satisfactory results.
(b) Institute a program whereby the Local BLE representative
and the carrier's supervisors at each facility will participate
in direct discussions regarding any maintenance problems at the
locations under their jurisdiction for the purpose of carrying
out the intent of this understanding, including evaluating the
reports and suggestions of either party and implementing agreed-
upon solutions thereto.
B. National Committee
A national committee will be established within 30 days from
the date of this Agreement, consisting of two members of the
National Carriers' Conference Committee and two representatives
of the BLE. The Committee may review and make recommendations
with respect to any maintenance problem on an individual property
that is referred to it by either party after efforts to resolve
such matter on the individual property have been exhausted.
The Committee may also consider any matter where the parties
on an individual property have jointly concluded that the subject
matter is one that may be addressed more appropriately on a
national level.
Section 2 - Dispatchment Of Locomotives
A locomotive will not be dispatched in road service from
engine maintenance facilities where maintenance personnel are
readily available, and an engineer will not be required to
operate the locomotive pending corrective action, if the engineer
registers a timely complaint with supervision with respect to the
controlling unit of the consist that is determined on
investigation to be valid concerning -
(a) the existence of a federal defect, as defined by the
Federal Railroad Administration, with respect to the
following matters:
Exhaust gases (ventilation)
Cab lights
Locomotive cab noise
Cabs, floors and passageways (footing) (cab seats)
(vision) (heat)
and
(b) other conditions as follows:
Lack of clean, sanitary toilet
Lack of adequate cooled, potable water
Lack of adequate toilet paper or hand towels
Should the complaint be found valid, and if there is another unit
in that consist or otherwise readily available which will
eliminate the protest, the units will be rearranged provided such
rearrangement will not result in unreasonable delay to the train.
If the engineer performs the work to accomplish the
rearrangement, no additional payment(s) will be allowed. If,
however, the official makes a good faith determination that the
locomotive is suitable for dispatch, the engineer will proceed
with the assignment.
An engineer will invoke the foregoing right in good faith
and where a reasonable person would conclude that the carrier is
in substantial non-compliance, i.e. more than technical non-
compliance.
In determining the reasonableness of an engineer's
complaint, among the factors to be considered are the timeliness
of the complaint, the accessibility of the means to take
corrective action, the seriousness of the deficiency, the
engineer's ability or inability to correct the deficiency with
means at his disposal and whether or not an unreasonable train
delay would be incurred.
Section 3 - Locomotive Design and Construction
In recognition of the desirability of consultation with the
General Chairman (Chairmen) prior to the ordering of new
Locomotives, or while formulating plans to modify or retrofit
existing locomotives, the parties agree that, before any design
and construction changes in locomotives are made which change
safety or comfort features of the locomotive, the designated
officer of each individual railroad will contact the General
Chairman (Chairmen) providing him with the opportunity to furnish
the carrier with his recommendations for full and thoughtful
consideration by the carrier.
This Section 3 does not disturb existing local agreements
that set forth required specifications for particular locomotive
appurtenances or components.
ARTICLE XVIII - GENERAL PROVISIONS
Section 1 - Court Approval
This Agreement is subject to approval of the courts with
respect to participating carriers in the hands of receivers or
trustees.
Section 2 - Effect of this Agreement
(a) The purpose of this Agreement is to fix the general
level of compensation during the period of the Agreement and is
in settlement of the dispute growing out of the notices served
upon the carriers listed in Exhibit A by the organization
signatory hereto dated on or about October 20, 1979, January 3,
1984 and January 17, 1984, and the notices served on or about
January 23, 1984 by the carriers.
(b) This Agreement shall be construed as a separate
agreement by and on behalf of each of said carriers and their
employees represented by the organization signatory hereto, and
shall remain in effect through June 30, 1988 and thereafter until
changed or modified in accordance with the provisions of the
Railway Labor Act, as amended.
(c) Except as provided in Sections 2(d) and 2(e) of this
Article, the parties to this Agreement shall not serve nor
progress prior to April 1, 1988 (not to become effective before
July 1, 1988) any notice or proposal for changing any matter
contained in:
(1) this Agreement,
(2) the proposals of the parties identified in Section 2(a)
of this Article, and
(3) Section 2(c)(3) of Article VIII of the Agreement of
March 6, 1975,
and any pending notices which propose such matters are hereby
withdrawn.
(d) The notices of the parties referred to in Article XV of
this Agreement may be progressed in accordance with the
provisions of Section 3(d) of that Article.
(e) New notices or pending notices that are permitted under
the terms of the Letter Agreement of this date concerning
inter craft pay relationships shall be governed by the terms of
that Letter Agreement.
(f) Pending notices and new proposals properly served under
the Railway Labor Act covering subject matters not specifically
dealt with in Sections 2(c), 2(d) and 2(e) of this Article and
which do not request compensation may be progressed under the
provisions of the Railway Labor Act, as amended.
(g) This Article will not bar management and committees on
individual railroads from agreeing upon any subject of mutual
interest.
DATED THIS 19th DAY OF MAY, 1986, AT WASHINGTON, D.C.
Rodney E. Dennis
Chairman of Arbitration Board
Charles I. Hopkins, Jr. W. J. Wanke
Carrier Member Organization Member
SIDE LETTERS
@#l
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
In accordance with our understanding, this is to confirm
that the carriers will make their best efforts to provide the
lump sum payment provided for in Article III of this Agreement in
a single, separate check within sixty (60) days.
If a carrier finds it impossible to make such payments
within sixty (60) days, it is understood that such carrier will
notify the General Chairmen, in writing, as to why such payments
have not been made and indicate when it will be possible to make
such payments.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
@#2
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
It is understood that the lump sum payment provided in
Article III of the Agreement of this date will not be used to
offset, construct or increase guarantees in protective agreements
or arrangements.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
@#3
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This confirms our understanding that the provisions of
Article IX - Entry Rates of the July 26, 1978 National Agreement
shall no longer apply on railroads parties to this Agreement
except, however, that such Article or local rules or practices
pertaining to this subject shall continue to apply to employees
previously covered by such rules.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#3A
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44144
Dear Mr. Sytsma:
This refers to Article V of the Agreement of this date
concerning the final terminal delay rule, particularly our
understanding with respect to the use of the term "deliberately
delayed" in Section 1 of that Article.
During the discussions that led to our Agreement, you
expressed concern with situations where a crew was instructed to
stop and was held outside the terminal between the last siding or
station and the point where final terminal delay begins and there
was no operational impediment to the crew bringing its train into
the terminal; i.e., the train was deliberately delayed by yard
supervision. Accordingly, we agreed that Section 1 would
comprehend such situations.
On the other hand, the carriers were concerned that the term
"deliberately delayed" not be construed in such a manner as to
include time when crews were held between the last siding or
station and the point where final terminal delay begins because
of typical railroad operations, emergency conditions, or
appropriate managerial decisions. A number of examples were
cited including, among others, situations where a train is
stopped: to allow another train to run around it; for a crew to
check for hot boxes or defective equipment; for a crew to switch
a plant; at a red signal (except if stopped because of a
preceding train which has arrived at final terminal delay point
and is on final terminal time, the time of such delay by the crew
so stopped will be calculated as final terminal delay); because
of track or signal maintenance or construction work; to allow an
outbound train to come out of the yard; and because of a
derailment inside the yard which prevents the train held from
being yarded on the desired track, e.g., the receiving track. We
agreed that Section 1 did not comprehend such conditions.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#3B
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Article V of the Agreement of this date
concerning the payment of mileage operated in the final terminal
in the application of the final terminal delay rule.
In accordance with Article V, final terminal delay i~ to be
computed from the time the engine reaches the switch used in
entering the final yard within a terminal where the train is to
be left or yarded until finally relieved from duty.
In the application of such provision, on railroads where
road mileage ends at present FTD points, road mileage will be
adjusted by the distance between the present FTD point(s) and new
FTD point(s) established by this Article V.
On railroads which presently compute trip mileage (1) from
center of the yard at the initial terminal to center of the yard
at the final terminal, (2) from roundhouse at the initial
terminal to the roundhouse at the final terminal, (3) on basis of
established mileage as agreed upon regardless of the location in
the final terminal where trains are actually yarded, or (4) under
similar situations, such trip mileage will continue to apply and
the 60-minute period referred to in Article V will be extended
pursuant to Section 2 thereof for trip mileage allowed after
passing new FTD point(s).
Please indicate your agreement by signing your name in the
space provided below:
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#4
EXAMPLES OF APPLICATION OF DEADHEAD RULE, ARTICLE VI *
The following examples illustrate application of the rule to
all employees regardless of when their seniority date in engine
service was established, except where specifically stated
otherwise:
1. What payment would be due an engineer who performed
road service from A, the home terminal, to B, the away-
from-home terminal, a distance of 170 miles, and
deadheaded from B to A, with the service and deadhead
combined between A-B-A?
A. A minimum day and 70 overmiles for the service and
a minimum day and 70 overmiles for the deadhead.
2. What would be the payment under Question 1 if the
distance between A and B were 75 miles?
A. A minimum day and 50 overmiles.
3. What payment would be due an engineer who performed
road service from A to B, a distance of 170 miles,
taking rest at B, and then being deadheaded separate
and apart from service from B to A, with the deadhead
consuming 8 hours?
A. A minimum day and 70 overmiles for the service
trip from A to B, and a minimum day at the basic rate
applicable to the class of service in connection with
which the deadheading is performed.
4. What payment would be due an engineer who performed
road service from A to B, a distance of 170 miles,
taking rest at B, and then deadheading separately from
service B to A, with the deadhead being completed in 10
hours?
A. He would be paid a minimum day and 70 overmiles
for the service trip from A to B, and 10 hours straight
time rate of pay at the basic rate applicable to the
class of service in connection with which the
deadheading is performed.
5. An engineer operates a train from his home terminal,
point A, to the away-from-home terminal, point B, a
distance of 170 miles. Upon arrival at the away-from-
home terminal, he is ordered to deadhead, separate and
apart from service, to the home terminal. The time
deadheading is 5 hours. What payment is due?
A. A minimum day plus 70 overmiles for service. A
minimum day for deadhead if employees' seniority in
engine or train service antedates November 1, 1985;
otherwise, 5 hours.
6. Would at least a minimum day at the basic rate
applicable to the class of service in connection with
which the deadheading is performed be paid when a
deadhead i9 separate and apart from service and the
actual time consumed is the equivalent of a minimum day
or less?
A. Yes, for employees whose seniority in engine or
train service antedates November 1, 1985. Actual time
will be paid to others.
7. An engineer is called to deadhead from point A to point
B, a distance of 50 miles, to operate a train back to
point A. He is instructed to combine deadhead and
service. Total elapsed time for the deadhead and
service is 7 hours, 30 minutes. What payment is due?
A. A minimum day.
8. An engineer is called to deadhead from point A to point
B, a distance of 50 miles, to operate a train from
point B to point C, a distance of 75 miles. He is
instructed to combine deadhead and service. Total
elapsed time is 10 hours. What payment is due?
A. A minimum day plus 25 overmiles.
9. An engineer operates a train from point A to point B, a
distance of 50 miles. He is ordered to deadhead back
to point A, service and deadhead combined. Total
elapsed time, 8 hours, 30 minutes. What payment is
due?
A. A minimum day plus 30 minutes overtime.
10. An engineer operates a train from his home terminal,
point A, to the away-from-home terminal, point B, a
distance of 275 miles. After rest, he is ordered to
deadhead, separate and apart from service, to the home
terminal. Time deadheading is 9 hours, 10 minutes.
What payment is due?
A. A minimum day plus 175 overmiles for service, 9
hours, 10 minutes straight time for the deadhead.
11. How is an engineer to know whether or not deadheading
is combined with service?
A. When deadheading for which called is combined with
subsequent service, the engineer should be notified
when called. When deadheading is to be combined with
prior service, the engineer should be notified before
being relieved from service. If not so notified,
deadheading and service cannot be combined.
The following examples illustrate the application of the
rule to employees whose earliest seniority date in engine or
train service is established on or after November 1, 1985:
1. An engineer is called to deadhead from his home
terminal to an away-from-home point. He last performed
service 30 hours prior to commencing the deadhead trip.
The deadhead trip consumed 5 hours and was not combined
with the service trip. The service trip out of the
away-from-home terminal began within 6 hours from the
time the deadhead trip was completed. What payment is
due?
A. 5 hours at the straight time rate.
2. What payment would have been made to the engineer in
example 1 if the service trip out of the away-from-home
terminal had begun 17 hours after the time the deadhead
trip ended, and the held-away rule was not applicable?
A. A minimum day for the deadhead.
3. What payment would have been made to the engineer in
example 1 if the service trip out of the away-from-home
terminal had begun 18 hours after the time the deadhead
trip ended, and the engineer received 2 hours pay under
the held-away rule?
A. 6 hours at the straight time rate.
4. An engineer is deadheaded to the home terminal after
having performed service into the away-from-home
terminal. The deadhead trip, which consumed 5 hours and
was not combined with the service trip, commenced 8
hours after the service trip ended. What payment is
due?
A. 5 hours at the straight time rate.
5. What payment would have been made to the engineer in
example 4 if the deadhead trip had begun 18 hours after
the service trip ended and the held-away rule was not
applicable.
A. A minimum day for the deadhead.
6. What payment would have been made to the engineer in
example 4 if the deadhead trip had begun 18 hours after
the time the service trip ended and the engineer
received 2 hours pay under the held-away rule?
A. 6 hours at the straight time rate.
7. An engineer is deadheaded from the home terminal to an
away-from-home location. Ten (10) hours after
completion of the trip, he is deadheaded to the home
terminal without having performed service. The deadhead
trips each consumed two hours. What payment is due?
A. A minimum day for the combined deadhead trips.
* NOTE: The amount of overmiles shown in the examples are
on the basis of a 100 mile day. The number of over-
miles will be reduced in accordance with the
application of Article IV, Section 2, of this
Agreement.
#5
May
19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Article VII, Road Switchers of the Agreement
of this date.
In the application of Section 1(c) of the Article, it was
understood that if a carrier without a preexisting right to
reduce a seven day assignment described in Section 1(a) to a
lesser number of days reduces such an assignment to six days per
week, the 48-minute allowance will be payable to employees on the
assignment whose seniority date in engine or train service
precedes November 1, 1985. If the carrier reduces the same
assignment from seven days to five, an allowance of 96 minutes
would be payable.
Conversely, if the carrier had the preexisting right to
reduce a seven day assignment described in Section 1(a) to six
days per week, but not to five days, and reduced the seven day
assignment to six days per week, no allowance would be payable.
If it reduced the assignment from seven days to five days, an
allowance of 48 minutes would be payable.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C.I. Hopkins
I agree:
John F. Sytsma
#6
May
19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Article VIII, Section 1(b), of the Agreement
of this date which provides that only two straight pickups or
set outs will be made. This does not allow cars to be cut in
behind other cars already in the tracks or cars to be picked up
from behind other cars already in the tracks. It does permit the
cutting of crossings, crosswalks, etc., the spotting of cars set-
out, and the re-spotting of cars that may be moved off spot in
the making of the two straight set outs or pickups.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
6A
May
19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Section 1(b) of Article VIII of the Agreement
of this date which provides that two straight pickups or set outs
may be made without additional compensation.
It is understood that Section 1(b) of Article VIII does not
modify the provisions in Article V of the May 13, 1971 National
Agreement pertaining to road crews handling solid trains in
interchange to or from a foreign carrier.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#7
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Article VIII - Road, Yard and Incidental Work
- of the Agreement of this date.
This confirms the understanding that the provisions in
Section 3 thereof, concerning incidental work, are intended to
remove any existing restrictions upon the use of employees
represented by the BLE to perform the described categories of
work and to remove any existing requirements that such employees,
if used to perform the work, be paid an arbitrary or penalty
amount over and above the normal compensation for their
assignment. Such provisions are not intended to infringe upon the
work rights of another craft as established on any railroad.
It is further understood that paragraphs (a) and (c) of
Section 3 do not contemplate that the engineer will perform such
incidental work when other members of the crew are present and
available.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#8
May 19,
1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Section 3, Incidental Work, of Article VIII.
It was understood that the reference to moving, turning,
spotting and fueling locomotives contained in Section 3(b)
includes the assembling of locomotive power, such as rearranging,
increasing or decreasing the locomotive consist. It is not
contemplated that an engineer will be required to place fuel oil
or other supplies on a locomotive if another qualified employee
is available for that purpose.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#9
January 31, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This confirms our understanding with respect to Article IX
Interdivisional Service of the Agreement of this date.
On railroads that elect to preserve existing rules or
practices with respect to interdivisional runs, the rates paid
for miles in excess of the number encompassed in a basic day will
not exceed those paid for under Article IX, Section 2(b) of the
Agreement of this date.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#9A
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Article IX, Interdivisional Service, of the
Agreement of this date.
It was understood that except as provided herein, other
articles contained in this Agreement, such as (but not limited
to) the final terminal delay and deadhead articles, apply to
employees working in interdivisional service regardless of when
or how such service was or is established. However, overtime
rules in interdivisional service that are more favorable to the
employee than Article IV, Section 2, of this Agreement will
continue to apply to employees who established seniority in
engine service prior to November 1, 1985 while such employees are
working interdivisional runs established prior to June 1, 1986.
Illustrations of maintaining present overtime rule for
existing interdivisional runs without standard overtime rules are
shown below: [Based on 104 mile basic day which becomes
effective July 1, 1986]
Overtime calculated on basis of 25 m.p.h.,
250 mile run
On duty 11 hours (1 Hour overtime)
Basic day of 104 miles
Daily rate $111.43
Mileage rate S1.0819
Pay:
Basic day $111.43
Overmiles (250-104) x $1.0819 157.96
Overtime 11-(250/25) x (111.43/8) x 1.5 20.89
Total
$290.28
Overtime calculated after 9.5 Hours on duty
200 mile run
On duty 10 hours
Basic day of 104 miles
Dally rate $111.43
Mileage rate $1. 0819
Pay:
Basic day $111.43
Overmiles (200-104) x $1.0819 103.86
Overtime 10-9.5 x ($111.43/8) x 1.5
10.45
Total
$225.74
The overtime provisions of Article IV, Section 2, of this
Agreement will apply to employees who established seniority in
engine service prior to November 1, 1985 while such employees are
working interdivisional runs established subsequent to June 1,
1986. They will also apply to employees who established seniority
in engine service on or after November 1, 1985 regardless of when
the interdivisional runs on which they are working were
established.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
I agree:
John F. Sytsma
#10
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Article X of the National Agreement of this
date permitting certain locomotives which meet the basic minimum
standards of the home railroad or section of the home railroad to
operate on other railroads or sections of the home railroad.
In reviewing the current standards that exist on the major
railroads with respect to such locomotives, we recognized that
while the standards varied from one property to another with
respect to various details, the standards on all such railroads
complied with the minimum essential requirements necessary to
permit their use in the manner provided in Article X. For
example, such minimum standards for locomotives would include a
requirement that there are a sufficient number of seats for all
crew members riding in the locomotive consist.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#11
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This will confirm our understanding during the negotiations
of the Agreement of this date that where hostler positions are
filled by employees not having firemen's seniority, that before a
carrier discontinues a hostler or hostler helper position
pursuant to Article XII, Part A, Section 1(10) or Part B, Section
7(b) of this Agreement, it will be offered to furloughed hostlers
who have seniority prior to November 1, 1985, to work as hostler
or hostler helper at that location. If such hostlers only have
point seniority and there are no furloughed hostlers at such
point, but there are such hostlers on furlough with seniority
prior to November 1, 1985 at another point in the same
geographical area, a vacancy will be offered to such hostlers
before a carrier discontinues a hostler or hostler helper
position pursuant to Article XII, Part A, Section 1(10) or Part
B, Section 7(b) of this Agreement.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#12
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This will confirm our understanding during the negotiations
of the Agreement of this date that before a carrier discontinues
a hostler or hostler helper position pursuant to Article XII,
Part A, Section 1(10) or Part B, Section 7(b) of this Agreement,
it will be offered to furloughed firemen who have seniority prior
to November 1, 1985, to work as hostler or hostler helper at
location where hostler or hostler helper job is to be
discontinued. Such employees will retain recall rights to engine
service in accordance with existing agreements.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#12A
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This will confirm our understanding that the reference to
"another organization" in Article XII, Part A, Section 1 (10)(b),
and Part B, Section (7)(b) refers to a labor organization which
does not hold representation rights for engine or train service
employees on the particular railroad involved.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#13
May 1 9, 1 986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This will confirm our understanding during the negotiations
of the Agreement of this date that the term "active firemen,
working as such", appearing in Part A, Section 1, Paragraph (11)
or Part B, Section 8 of Article XII, includes hostlers who have
the right to work as locomotive engineers.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#14
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This confirms our understanding that in implementation of
Article XII, Part B, of the Agreement reached this date, each
carrier on which Part B will become effective will meet with the
appropriate BLE General Chairman within 10 days for the purpose
of reaching an understanding with respect to existing rules
covering locomotive firemen and hostlers which will remain in
effect, it being the intention of the parties that railroads
which are subject to Part B receive the same benefits therefrom
as railroads which are subject to Part A. Existing pay rates will
remain in effect provided such railroads continue to receive the
benefits obtained when such pay rates were negotiated.
In the event a carrier and the appropriate General Chairman
do not reach a satisfactory resolution within thirty days from
the date of this Agreement, the matter will be referred to the
Informal Disputes Committee established pursuant to Article XVI
for expedited handling and final and binding arbitration if
required.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#15
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to our discussions leading to the Agreement of
this date, particularly those provisions that relate to firemen.
The carriers explained that subject to legal requirements the
source of supply for firemen positions would be train service
personnel as provided in the recent UTU Agreement. We also
explained that companion thereto in order to expand the
employment potential for present engineers and firemen, whether
represented by the BLE or UTU, all of these engine service
personnel will be placed in seniority order at the bottom of the
appropriate train and/or ground service seniority roster.
The BLE stated that in its capacity as the authorized
representative of employees who have seniority as engineers or
who have seniority as firemen, apprentice engineers or other
comparable positions it had a legitimate bargaining interest in
negotiating the issue of providing ground service seniority to
such employees not now having such seniority even where the
ground service crafts are represented by another organization,
and insofar as engineers and firemen who now hold or at one time
did hold seniority in ground service i8 concerned, BLE proposed
that such employees should be granted seniority as of their
original date of hire as brakemen or groundmen.
The BLE also stated that in its capacity as the authorized
representative of employees who have seniority as engineers
and/or firemen, apprentice engineers or other comparable
positions, it has a legitimate bargaining interest in negotiating
the issue of providing engine service seniority to train and
ground service employees not now having engine service seniority
where the ground service crafts are represented by another
organization.
The carriers responded that in their view the matter of
providing brakemen seniority to such BLE represented employees is
a matter between ;he carriers and the organization representing
brakemen and groundmen, not between the carriers and the BLE that
does not represent those classifications. However, the BLE, UTU
and carriers, agree on the desirability of engineers and firemen
who do not have seniority in train or ground service being given
such seniority if they so desire. Therefore this will be done
without prejudice to the position of the BLE or the carriers to
the extent those positions differ as stated above. However, where
this occurs the carriers were not agreeable that such seniority
should be retroactive to date of hire as brakemen or groundmen.
Insofar as providing engine service seniority to ground
service employees, the carriers position was that this was a
matter between the carriers and the organization representing
firemen, which in many cases is not the BLE; however, it was
unnecessary to address any differences among the parties because
here, also, all parties agree that the source of supply for
engine service should be ground service employees, and will
provide preferential promotional opportunities on that basis.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#16
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This confirms our understanding with respect to
incorporating a Hospital Pre-Admission and Utilization Review
Program as part of the benefits provided under the Railroad
employees National Health and Welfare Plan in accordance with
Article XV, Section 2(a) of the Agreement of this date.
By agreeing ,o this benefit program, our principal
objectives are to reduce inpatient hospital utilization thereby
minimizing exposure to risks of hospitalization or unduly
prolonged hospitalization and the risks of unnecessary surgery by
encouraging both employee and physician to make the most patient-
sensitive and at .the same time cost-effective decisions about
treatment alternatives.
The program accomplishes these objectives by providing .o
employees and other beneficiaries ready access to knowledgeable
professional personnel when making decisions about their health
care. A number of patient-centered services are provided and
designed in a manner so as not to impose significant added
burdens on individual employees. The comprehensive guidance and
support structure begins prior to planned hospitalization and
continues through any recovery period.
Specifically, the program shall include review of the
propriety of hospital admission (including consideration of
health care alternatives such as the use of ambulatory centers or
outpatient treatment) benefit counseling, the plan of treatment
including the length of confinement, the appropriateness of a
second surgical opinion, discharge planning and the use of
effective alternative facilities during convalescence.
We have attached to this letter descriptions of programs
currently offered by three leaders in this field that describe in
greater detail the operations of these programs and what
specifically is involved. These attachments are intended as
informational only, describing the kind of program we will
establish, and do not suggest that the program we ultimately
adopt is limited to what is described or is to be administered by
these particular parties.
In order that the program achieves its intended objectives,
we have agreed to institute appropriate incentives. For those
employees who use the program, plan benefits will be paid as
provided and the employee and family will receive the full
protection and security of professionals managing their hospital
confinement and recovery. For employees who do not use the
program, plan benefits will be paid only under the Major Medical
Expense Benefit portion of the Plan with the Plan paying 65%,
rather than 80%, of covered expenses. However, a maximum total
employee expense limitation - "stop-loss" will be maintained.
We recognize that the program described cannot be
implemented overnight but will require careful review and
examination on the part of us all and will include, as well, time
to inform the employees and other beneficiaries covered under the
Plan. Furthermore, it is anticipated that the program will
include use of alternative facilities, such as home health care
options, hospices, office surgery, ambulatory surgi-centers and
birthing centers, some of which are either not covered under the
Plan now or are not available in the manner envisioned under this
new program. Thus, for these reasons we have agreed that
implementation of the program will not occur until practicable
and that the intervening time will be used to assure .that its
adoption shall be a constructive and useful addition to the
benefits currently provided under the Plan.
Please indicate your agreement by signing your name n the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
Attachments (Descriptive material furnished BLE)
I agree:
John F. Sytsma
#17
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear ~r. Sytsma:
This confirms our understanding with respect to the
appointment of a neutral person to serve as chairman of the
Special Committee established pursuant to Article XV, Section 3,
of .the Agreement of this date.
In the event we are unable to agree on such a person, .the
parties will seek the assistance of an appropriate third party
for the purpose of providing assistance in identifying
individuals qualified to serve in this capacity.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#18
May 19, 1986
Mr. Charles I. Hopkins, Jr.
Chairman
National Railway Labor Conference
1901 L Street, N.W., Suite 500
Washington, DC 20036
Dear Mr. Hopkins:
This is to advise you that I am agreeable to the provisions
of Article XV Health and Welfare Plan except .that in Section 2
(a), "Hospital Pre-Admission and Utilization Review Program", I
will agree to the concept of the "Pre-Admission and Utilization
Review Program" and will agree to its implementation after the
Policyholders have met jointly with representatives of Travelers
and have agreed on the changes and understandings that will be
necessary to implement the program. There must be ample lead
time to insure that all covered employees can be notified of the
implementation date and will have adequate information about the
plan so that they can comply with their responsibilities in the
event they qualify for benefits under the plan.
I take no exceptions to the use of surplus funds, the
Reinsurance proposal, the Special Committee and/or the moratorium
proposals.
Very truly yours,
John F. Sytsma
#19
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This confirms our understanding with respect to
incorporating a Hospital Pre-Admission and Utilization Review
Program as part of the benefits provided under the Railroad
Employees National Health and Welfare Plan in accordance with
Article XV, Section 2(a) of the Agreement of this date.
We recognize that a similar program would be equally
appropriate to include as part of the Early Retirement Major
Medical Benefit Plan.
Therefore, this confirms our understanding that the program
developed for the Health and Welfare Plan shall also be
incorporated, with appropriate revisions, if necessary, as part
of the Early Retirement Major Medical Benefit Plan as well.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#20
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Avenue
Cleveland, OH 44114
Dear Mr. Sytsma:
This will confirm our understanding with respect to the pay
differential for an engineer working without a fireman and other
related matters:
(1) Pay Differential
(a) Notwithstanding the provisions of Article 1,
Section 8(g) and (i) (ii) and Article IV, Section 1(a) of
the Agreement of this date, the differential of $4.00 per
basic day in freight and yard service and 4 cents per mile
for miles in excess of the number of miles encompassed in
the basic day in freight service, currently payable to an
engineer working without a fireman on locomotives on which
under the former National Diesel Agreement of 1950 firemen
would have been required, shall be increased to $6.00 in
three installments, $1.00 effective July 1, 1986, $.50
effective January 1, 1987; and $.50 effective January 1,
1988, and to 6 cents per mile in three installments of 1
cent, one-half cent, and one-half cent, respectively, on the
same effective dates.
(b) An engineer working with a reduced train crew
(established pursuant to a crew consist agreement made
subsequent to January 1, 1978) and without a fireman will be
allowed the standard reduced train crew allowance for that
trip unless the engineer allowance for working without a
fireman is greater. In no event will there be any
duplication or pyramiding of payments. The term "standard
reduced crew allowance" referred to herein, is the $4.00
paid originally to the members of reduced train crews as
that amount has been modified by subsequent general and cost-
of-living wage increases.
(c) Existing notices with respect to adjusting the pay
differential for an engineer working without a fireman are
disposed of by this Agreement and notices concerning this
subject are governed by the moratorium provisions of Article
XVIII, Section 2 of this Agreement. Existing notices
designed to change the compensation relationships between
the engineer and other members of the crew where such
relationships have been changed because of a crew consist
agreement are disposed of by this Agreement and notices
concerning this subject shall not be served. However, if the
special allowance currently payable to a conductor working
with one brakeman is subsequently increased for a conductor
working without any brakemen, the organization may serve and
pursue to a conclusion as hereafter provided proposals
pursuant to the provisions of the Railway Labor Act seeking
to adjust compensation relationships for engineers on
conductor only assignments.
(d) Any additional allowance shall be limited in amount
so that when combined with the differential payable to an
engineer working without a fireman, the total amount for
that trip or tour of duty shall be no greater than the
allowance paid to the conductor of that crew unless the
present engineer allowance for working without a fireman is
greater. Where the present engineer allowance is greater it
shall be converted to the allowance payable to the conductor
when the latter allowance exceeds the former.
(e) Where the organization serves such a proposal as
above provided, the carrier may serve proposals pursuant to
the provisions of the Railway Labor Act for concurrent
handling therewith that would achieve offsetting
productivity improvements and/or cost savings.
(f) In the event the parties on any carrier are unable
to resolve the respective proposals by agreement, the entire
dispute will be submitted to final and binding arbitration a
L .The request of either party.
(2) Guaranteed Extra Boards
(a) Carriers that do not have the right to establish
additional extra boards or discontinue an extra board shall
have that right.
(b) Upon thirty days' advance notice to the appropriate
general chairman, a carrier may establish additional extra
boards. Upon request of the general chairman, a meeting will
be held to discuss the proposed action. However, this shall
not serve to delay the establishment of any extra board.
(c) When an extra board is established under this rule
it will, unless the general chairman is notified otherwise,
protect all jobs on that seniority district whose laying off
and reporting points are closer to the location of the extra
board than to the locations of other extra boards on that
seniority district.
(d) The carrier will regulate the number of employees,
if any, assigned to such extra boards and will have the
right to discontinue such boards.
(e) While on an extra board established under this
rule, each employee will be guaranteed the equivalent of
3000 miles at the basic through freight rate for each
calendar month unless the employee is assigned to an
exclusive yard service extra board in which event the
guarantee will be the equivalent of 22 days' pay at the
minimum 5-day yard rate for each calendar month. All
earnings during the month will apply against the guarantee.
The guarantees of employees who are on the extra board for
part of a calendar month will be pro rated.
(f) Except as hereinafter provided, if an employee is
suspended as a result of disciplinary action, lays off at
his own request with permission, is not available for
personal reasons, or misses a call, earnings lost as a
result thereof will be deducted from the monthly guarantee.
Unless the needs of the service dictate otherwise, employees
assigned to an extra board which protects yard service
exclusively may lay off for a maximum of two days per month
without the earnings lost as a result thereof being deducted
from the monthly guarantee.
(g) The maximum number of guaranteed extra boards .that
can be in operation on a carrier at any one time under this
provision is three in the territory of each regular source
of supply point on that carrier.
(h) ~o existing guaranteed extra board will be
supplanted by a guaranteed extra board under this rule if
the sole reason for the change is to reduce the guarantee
applicable to employees on the extra board.
(i) This rule will not be construed as restricting any
existing rights of a carrier to establish or discontinue
extra boards. The rights conferred by this rule are in
addition to preexisting rights.
This letter of understanding shall not apply on carriers
that have agreements with the organization adjusting the
compensation of engineers in response to the change in
compensation relationships between engineers and other members of
the crew brought about by crew consist agreements unless the
appropriate BLE General Chairman elects to adopt this letter
agreement in lieu of the compensation adjustments provided in
such agreement. Such election must be exercised on or before 45
days following the date of this Agreement. If such election is
made, the provisions of such local agreements concerning matters
other than compensation shall be retained.
Where the General Chairman does not elect to substitute this
letter of understanding as provided for in the paragraph above
and, therefore, the local agreement remains in effect in its
entirety and such local agreement contains a moratorium
provision, it is agreed that any special allowance provided for
therein that is subject to being increased by general wage
increases shall be excluded from the provisions of Article I,
Section 8(a), Article II, Section 1(b) and (d), and Article IV,
Section 5(a) and (b).
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#20A
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
This refers to Letter of Understanding No. 20 and the
application of paragraph (b) of (1) Pay Differential with respect
to railroads where the BLE has outstanding Section 6 notices to
change the compensation relationships between the engineer and
other members of the crew where such relationships have been
changed because of a crew consist agreement subsequent to January
1, 1978.
This confirms our understanding .that on such properties the
provisions of paragraph (b) apply automatically without further
need to confer.
Furthermore, when, in the future, any carrier makes a crew
consist agreement as described in the first paragraph, the
provision of paragraph (b) under Pay Differential will
automatically apply.
Please indicate your agreement by signing your name in the
space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
John F. Sytsma
#21
APPLICATION OF LETTER AGREEMENT WITH
RESPECT TO INTER CRAFT PAY RELATIONSHIPS
The following examples illustrate the maximum allowances
that can be obtained under the letter agreement of this date with
respect to inter craft pay relationships:
Example 1 - An engineer i8 on a reduced crew operating a
distance of 127 miles in a class of service which has a basic day
encompassing 104 miles (July 1, 1986). There is no fireman on the
crew, The time consumed on the trip is 9 hours. No duplicate
time payments expressed in hours or miles are paid. The conductor
is receiving a reduced crew allowance of $7.31. What would the
engineer be paid?
A. The differential provided in letter agreement #20 for
operating without a fireman would pay him:
104 miles $5.00
23 miles 1.15
TOTAL $6.15
Since this is less than the amount the conductor is
receiving, the engineer would be paid the $7.31 reduced
crew allowance.
Example 2 - What would the engineer in example 1 be paid if
the allowance paid to the conductor was subsequently increased to
$8.00?
A. The engineer would be paid $8.00
Example 3 - What would the allowance be if the engineer in
example 1 were on an assignment operating a distance of 204
miles?
A. The differential provided in letter agreement ~20 for
operating without a fireman would pay the engineer
$10.00. Since this is more than the amount the
conductor is receiving, the engineer would receive
nothing additional.
Example 4 - What would the allowance be if the engineer in
example 1 had earned two hours overtime on the trip?
A. The standard rule for operating without a fireman would
pay the engineer as
follows:
Basic Day $5.00
Overmiles (23) 1.15
Overtime (2 hours) 1.88
TOTAL $8.03
This is more than what the conductor received, so the
engineer would receive nothing additional.
Example 5 - An engineer i9 on a reduced crew operating a
distance of 127 miles in a class of service which has a basic day
encompassing 106 miles (January 1, 1988). There is no fireman on
the crew. The time consumed on the trip is 9 hours. No duplicate
time payments expressed in hours or miles are paid. The conductor
on that railroad is receiving a reduced crew allowance of $7.87.
What would the engineer be paid?
A. The differential provided in letter agreement #20 for
operating without a fireman would pay him:
106 miles $6.00
21 miles 1.26
TOTAL $7.26
Since this is less than the amount the conductor is
receiving, the engineer would be paid the reduced crew
allowance of $7.87.
#22
May 19, 1986
Mr. John F. Sytsma
President
Brotherhood of Locomotive Engineers
1112 Engineers Building
1365 Ontario Street
Cleveland, OH 44114
Dear Mr. Sytsma:
During the negotiations that led to the Agreement of this
date, the representatives of the Brotherhood of Locomotive
Engineers expressed concern as to the possible erosion of the
traditional authority and responsibility vested in the engineer
while operating a locomotive in those situations where the
conductor and any other train crew members are located on the
locomotive because of the elimination of the caboose.
The carriers responded that the responsibility and authority
of the engineer is not a collective bargaining subject; rather i.
is a matter of operational policy subject to operating rules
and/or other management instructions. The BLE did no. agree on
this point but the matter was resolved on the basis of the
carriers' statement .that the removal of cabooses and the
consequent relocation of train crew personnel to the locomotive
cab did not diminish nor otherwise alter the authority and
responsibility of the engineer.
Because of the significance the BLE attaches to this matter,
I am sending a copy of this letter to the Member Lines to advise
them that while nothing has been said or done in our negotiations
to change any railroad's rules, policies or management practices,
we have assured the BLE that the elimination of cabooses and
relocation of train service personnel does not alter .those rules,
policies or management practices.
Very truly yours,
C. I. Hopkins, Jr.
#23
JOINT STATEMENT CONCERNING EFFORTS TO IMPROVE THE
COMPETITIVE ABILITIES OF THE INDUSTRY
This refers to our discussions during the recent
negotiations with respect to improving our industry's ability to
compete effectively with other modes of transportation and to
attract new business to the railroads.
We recognize that opportunities will present themselves on
railroads to promote new business and preserve existing business
by providing more efficient and more expedient service. It is our
mutual objective to provide this improved service by making
changes, as may be necessary, in operations and with agreement
rule exceptions and accommodations in specific situations and
circumstances.
It is difficult to list specific rules or operations .that
might need modifications or exceptions in order to provide the
services that may be necessary to obtain and operate new business
that can be obtained from other modes of transportation. We are
in agreement, however, that necessary operational changes and
rules modifications or exceptions should be encouraged to obtain
new business, preserve specifically endangered business currently
being hauled, or to significantly improve the transit time of
existing freight movements.
We recognize .that attracting new business and retaining
present business depends not only on reducing service costs, but
also on improving service to customers.
During our discussions, the Lake Erie Plan was advanced by
BLE, in part, as a collective bargaining proposal and as a
representation of the BLE's search for a possible approach to
enhanced competitive strength for the industry. Although the
significance of the plan may not necessarily be in the specifics,
the underlying goal of realizing the industry's full potential in
the transportation marketplace is such that further consideration
of such concepts may be warranted as a means of achieving this
goal by cooperative, aggressive undertakings by the BLE, the UTU
and the railroads.
The Informal Disputes Committee will encourage expedited
resolutions on individual railroads consistent with these goals
and will provide counsel, guidelines and other assistance in
making necessary operational and or agreement rule changes to
provide the type service necessary to meet these goals.
We sincerely believe that cooperation between the management
and the employees will result in more business and job
opportunities and better service which will insure our industry's
future strength and growth.
John F. Sytsma C. I. Hopkins, Jr.
President Chairman
Brotherhood of Locomotive National Carriers'
Conference
Engineers Committee
|
|
