INDEX

 

A

Rule  Page

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

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

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

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

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

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

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

 

B

 

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

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

 

C

 

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

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

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

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

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

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

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

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

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

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

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

 

D

 

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

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

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

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

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

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

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

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

 

E

 

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

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

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

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

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

 

 

G                       Rule  Page

 

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

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

 

H

 

Health and Welfare..............................      28     26


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

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

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

 

I

 

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

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

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

                                      

J

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

 

L

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

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

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

 

M

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

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

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

 

O

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

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

 

P

Performance of Service by Passenger Engineers...        1     1

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

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

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

 

Q

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

 

R

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

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

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

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

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

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

 

S

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

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

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

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

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

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

 

T

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

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

 

U

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

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


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

 

V

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

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

 

W

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

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

 

Y

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

 

Z

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


                        Index

               SUPPLEMENTAL AGREEMENTS

 

Page

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

Agreed Upon Question and Answer Regarding Displacements

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

Agreement Modifying the National Vacation Agreement

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

Agreement Covering Itemized Statement of Earnings and

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

          RULE 1- SCOPE AND DEFINITIONS

 

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


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

 

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

 

b.   The National Railroad Passenger Corporation

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

 

c.   “Duly accredited representative” means the General

Chairman of the Brotherhood of Locomotive Engineers having jurisdiction or any elected officer of the Brotherhood of Locomotive Engineers designated by the General Chairman.

 

d.   “Crew Base” means the territory encompassed within

a radius of 30 miles measured from the principal Amtrak station or facility as designated by the Corporation for each crew base.

 

 

RULE 2- CLASSIFICATIONS AND BASIS OF PAY

 

a.   The rate of pay for Passenger Engineers effective

January 1, 1983, is $16.74 an hour.

 

b.   Passenger Engineers will be paid for each trip or


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

 

c.   Except as provided in Rule 13, regularly assigned

Passenger Engineers and Passenger Engineers assigned to an extra board will be paid a minimum of eight hours for each tour of duty.

 

d.   When pilots are required for engine service, they

will come from the ranks of Passenger Engineers and will be paid the Passenger Engineer’s rate of pay.

 

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

 

 

                      RULE 3- SENIORITY

 

a.   Passenger Engineers will have Northeast Corridor

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

 

b.   The seniority ranking in the Northeast Corridor

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

 


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

 

 

RULE 4- SERVICE BETWEEN ZONES

 

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

 

 

              RULE 5-SENIORITY ROSTER

 

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

 

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

 

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


 

RULE 6- BULLETINS AND ASSIGNMENTS

 

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

 

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

 

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

 

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

 

d.   A Passenger Engineer who bids for and is awarded

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

 


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

 

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

 

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

 

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

 

2.   changing advertised starting time at the crew base

or arrival time at the end of the assignment, one hour or more;

 

3.   changing the assigned rest days.

 

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

 

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

 


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

 

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

 

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

 

 

RULE 7- REDUCING AND INCREASING FORCES

 

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

 


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

 

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

 

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

 

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

 

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

 

 

RULE 8- ANNULMENT OF ASSIGNMENTS

 

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

 

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

 


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

 

 

               RULE 9- GUARANTEED EXTRA BOARD

 

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

 

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

 

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

 

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

 

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

 


f.   Passenger Engineers assigned to an extra board will be called as nearly as possible two (2) hours before the time required to report for service or deadhead. Where local conditions warrant the duly accredited representative and the designated Labor Relations officer may agree to a different calling time, subject to the approval of the General Chairman and the highest appeals officer of the Corporation.

 

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

 

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

 

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

 

 

RULE 10- DEADHEADING

 

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

 

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

 

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

 

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

 

 


RULE 11- DEFERRED STARTING TIME

 

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

 

 

RULE 12- LAYING OFF[REPORTING

 

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

 

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

 

 

RULE 13- CALLS

 

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

 

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

 


NOTE:     The term emergency as used in this paragraph

is defined as a situation that:

 

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

 

2.   Involves delay to a passenger train or trains.

 

3.   Involves violation of laws or local ordinances.

 

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

 

 

RULE 14 -CUTOFF UNDER HOURS OF SERVICE

 

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

 

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

 

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

 

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

 

 

RULE 15- EXPENSES AWAY FROM HOME

 


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

 

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

 

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

 

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

 

2.   Suitable lodging will be provided when Passenger Engineers assigned to an extra board are held at the outlying point for more than one tour of duty.

 

 

RULE 16-

TRAINING. QUALIFYING AND EXAMINATIONS

 

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

 


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

 

Exceptions:

 

1.   Any qualification examinations or familiari-zation trips necessary in the voluntary exercise of seniority.

 

2.   Physical examinations, including vision and hearing examinations.

 

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

 

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

 

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

 

 

RULE 17-

ATTENDING COURT OR CORONER’S INQUEST

 


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

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

 

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

 

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

 

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

 

 

RULE 18- BEREAVEMENT LEAVE

 

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


 

RULE 19- JURY DUTY

 

 

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

 

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

 

2.   The number of days for which jury duty pay will be

paid is limited to a maximum of 60 days in any calendar year.

 

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

 

 

RULE 20- TIME LIMIT ON CLAIMS

 


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

 

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

 

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

 

1.   Name, occupation, employee number, division.

 

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

 

3.   On and off duty time.

 

4.   Date and time of day work performed.

 

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

 

6.   Upon whose orders work was performed.

 

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

 

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

 

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

 


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

 

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

 

2.   Employees’ Statement of Facts:

 

3.   Position of Employees:

 

NOTE:     Claims of a continuing nature

will be considered properly appealed when listed and identified with the initial claim by the duly accredited representative with the designated Labor Relations officer.

 

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

 

1.   Corporation’s Statement of Facts:

 

2.   Position of Corporation:

 

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

 


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

 

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

 

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

 

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

 

 

RULE 21- DISCIPLINE AND INVESTIGATION


 

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

 

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

 

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

 

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

 


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

 

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

 

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

 

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

 

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

 

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

 

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

 

e.   1. The investigation must be scheduled to begin

within seven days from the date the Passenger Engineer received notice of the investigation.

 

2. A Passenger Engineer who may be subject to

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

 


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

 

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

 

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

 

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

 

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

 

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

 

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

 


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

 

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

 

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

 

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

 

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

 


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

 

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

 

Expedited Procedure for Handling Dismissal Cases.

 

k.   1.   When a Passenger Engineer is dismissed, his

case may be given expedited handling by his General Chairman to a Special Board of Adjustment, which will meet in Philadelphia, PA, and be composed of three members:

 

A.   A representative of the Brotherhood of Locomo-tive Engineers.

 

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

 

C.   A neutral member selected by the parties.

 

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

 

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

 


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

 

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

 

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

 

l.   1.   Time limits provided for in this Rule may be

extended or waived by agreement in writing between the applicable officer of the Corporation and the Passenger Engineer’s General Chairman or duly accredited representative.

 

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

 


m.   When notification in writing is required, personal delivery or proof of mailing within the specific time limit will be considered proper notification.

 

 

RULE 22- LEAVE OF ABSENCE

 

a.   Passenger Engineers must request written leave of absence when they are to be off duty for more than 30 consecutive days.

 

b.   A written leave of absence without impairment of seniority will be granted upon request to a Passenger Engineer for the following reasons:

 

1.   To accept an official position with the Corpora-tion or related national railroad agencies.

 

2.   To perform union committee work or to accept a

full-time union position with Brotherhood of Locomotive Engineers.

 

3.   To accept an elective or appointive public of-fice for which a competitive examination is not required.

 

4.   To accept an appointive public office for

which a competitive examination is required, if such public office is related to railroad work.

 

c.   Upon request, a Passenger Engineer will be granted a written leave of absence to perform military service in accordance with current applicable reemployment statutes.

 

d.   A Passenger Engineer granted a leave of absence in accordance with paragraph “b1” or “2” will be granted that leave of absence for the duration of the assignment.

 

e.   A request for a leave of absence for reasons other than those outlined in paragraphs “b” and “c” may be granted upon agreement between the highest appeals officer of the Corporation and the General Chairman.

 


f.   A request for a leave of absence or for an extension must be made in writing to the highest appeals officer of the Corporation, with a copy to the General Chairman.

 

g.   Except as set forth in paragraphs “c” and “d,” no leave of absence or extension thereof will exceed one year.

 

h.   A Passenger Engineer who fails to report for duty within 15 days after the expiration of an authorized leave of absence or an extension thereof or fails to furnish satisfactory reason far not doing so will have his seniority terminated and record closed. A Passenger Engineer whose seniority has been terminated may, through the General Chairman, appeal such termination to the highest appeals officer within 30 days of the notice of termination.

 

i.   A Passenger Engineer granted a leave of absence under paragraph “b 1” or “2” will be required to return to duty in the craft within 60 days after being relieved of his assignment, or he will be subject to conditions set forth in paragraph “h.”

 

j.   A Passenger Engineer who absents himself without a written authorized leave of absence, as provided in this Rule, will have his seniority terminated.

 

k.   A leave of absence is not required when a Passenger Engineer is unable to perform service for the Corporation due to a bona fide sickness or injury.

 

l.   A Passenger Engineer on an authorized leave of absence who engages in other employment not provided for in the authorized leave of absence will forfeit all his seniority.

 

 

RULE 23- COMPULSORY RETIREMENT

 

Retirement will be compulsory at the end of the month in which a Passenger Engineer reaches 70 years of age.

 

 

RULE 24- APPROVAL OF APPLICATION

 


a.   Applications for employment will be rejected within 90 calendar days after seniority date is established, or applicant will be considered accepted. Applications rejected by the Corporation must be declined in writing to the applicant.

 

b.   A Passenger Engineer who has been accepted for employment in accordance with paragraph “a” will not be terminated or disciplined by the Corporation for furnishing incorrect information in connection with an application for employment or for withholding information therefrom, unless the information involved was of such a nature that the Passenger Engineer would not have been hired if the Corporation had timely knowledge of it.

 

 

RULE 25- PHYSICAL REEXAMINATION

 

a.   Passenger Engineers will be subject to periodic medical examination in accordance with Corporation policy.

 

b.   When it is obvious that a Passenger Engineer is medically (physically or mentally) impaired in a way that affects his service, the Corporation may hold that Passenger Engineer out of service pending the outcome of a medical examination. Passenger Engineers held out of service by the Corporation because they are medically unable to perform service may have an examination by a doctor of their own choosing without expense to the Corporation. In case of disagreement on the Passenger Engineer’s fitness to work, the two doctors will select a third doctor, who is a specialist in the medical area involved, and the decision of the majority of the three as to the Passenger Engineer’s fitness will be final. The expense of the third doctor will be shared equally by the parties. If it is determined that the Passenger Engineer’s condition does not warrant being held out of service, such Passenger Engineer will be returned to service, and if it is determined that the Passenger Engineer was medically fit to perform service at the time he was held out of service, the Passenger Engineer will be paid for all time lost.

 


c.   A Passenger Engineer who has accepted medical disqualification or who was found to be properly disqualified by a neutral physician may, if there has been a change in his medical condition as evidenced by a report of his personal physician, request a reexamination. There will be no claim for time lost in such case, unless the Corporation refuses to grant the reexamination or there is unreasonable delay in applying the terms of this paragraph.

 

d.   Where an indoor test discloses a deficiency of vision, color perception or hearing, the Passenger Engineer will, an request, be granted a field test, the result of which will determine his physical qualification for service. In case of a failure to pass a vision test when examined without corrective lenses, the Passenger Engineer will be given the opportunity for a reexamination with corrective lenses.

 

 

RULE 26- LOCKER FACILITIES

 

Locker, toilet and lavatory facilities will be provided and maintained at crew bases where Passenger Engineers go on and off duty.

 

 

RULE 27- VACATION

 

The National Vacation Agreement of April 29, 1949, as amended, will apply to employees covered by this Agreement. The parties will make such modifications to the provisions of the National Vacation Agreement as are necessary to conform to the basis of pay established in Rule 2.

 

 

RULE 28- HEALTH AND WELFARE BENEFITS

 

Health & Welfare Benefits, Early Retirement Major Medical Expense Benefits, Dental Benefits and Off-Track Vehicle Insurance will be allowed to qualified Passenger Engineers as provided in the following standard national policies or the equivalent thereof:

 

Travelers                             GA-23000

Travelers                              GA-46000

Aetna Life and Casualty Co.                GP-12000


Connecticut General                  0386430-06

 

 

RULE 29- UNION SHOP

 

a.   Subject to the terms and conditions below, all Passenger Engineers will, as a condition of their continued employment, hold or acquire union membership in any one of the labor organizations, national in scope, organized in accordance with the Railway Labor Act, and admitting Passenger Engineers to membership. Nothing herein will prevent any Passenger Engineer from changing union membership from one organization to another organization admitting Passenger Engineers to membership.

 

b.   Passenger Engineers will join any one of the labor organizations, described in paragraph “a” of this Rule, within 60 calendar days of the date an which they complete 30 days of compensated service as Passenger Engineers within 12 consecutive calendar months, and will retain such membership during the time they are employed as Passenger Engineers, except as otherwise provided herein.

 

c.   When Passenger Engineers are regularly assigned to official or subordinate official positions or are transferred to regular assignments in another craft, they will not be compelled to maintain membership as provided herein, but may do so at their own option.

 

d.   Nothing herein will require a Passenger Engineer to become or remain a member of the Brotherhood of Locomotive Engineers if membership is not available to him upon the same terms and conditions as apply to any other member, or if his membership is denied or terminated for any reason other than his failure to tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership. The dues, initiation fees and assessments referred to herein mean indebtedness accruing for these items.

 

e.   The Brotherhood of Locomotive Engineers will keep account of Passenger Engineers and will independently ascertain whether they comply with union membership requirements.


f.   The General Chairman of the Brotherhood of Locomotive Engineers will notify the appropriate Labor Relations officer in writing of any Passenger Engineer whose employment he requests be terminated because of the Passenger Engineer’s failure to comply with union membership requirements. Upon receipt of such notice and request, the Corporation will, as promptly as possible but within 10 calendar days of such receipt, notify the Passenger Engineer concerned in writing by registered or certified mail, return receipt requested, sent to his last known address, or sent by receipted personal delivery, that he is charged with failure to comply with the union membership requirements. A copy of the notice will be given to the General Chairman. Any Passenger Engineer so notified who disputes the charge that he has failed to comply with union membership requirements will, within 10 calendar days from the date of such notice, request the Corporation in writing to accord him a formal hearing. Such a request will be honored by the Corporation and a date set for the formal hearing as soon as possible, but within 10 calendar days of the date of the receipt of the request. A copy of the notice of such formal hearing will be given to the General Chairman. The receipt by the Corporation of a request for a hearing will stay action on the request by the General Chairman for termination of the Passenger Engineer’s employment until the formal hearing is held and the final decision is rendered. If the Passenger Engineer concerned fails to request a formal hearing as provided for herein, the Corporation will proceed to terminate his employment at the end of 30 calendar days from receipt of the request from the General Chairman, unless the Corporation and the Brotherhood of Locomotive Engineers agree otherwise in writing.

 


g.   The Corporation will determine on the basis of evidence produced at the formal hearing whether or not the Passenger Engineer has complied with the union membership requirements, and will render a decision accordingly. Such a decision will be rendered within 10 calendar days of the hearing date, and the Passenger Engineer and the General Chairman will be promptly notified. A transcript of the hearing will be furnished to the General Chairman. If the decision is that the Passenger Engineer has not complied with union membership requirements, his employment as a Passenger Engineer will be terminated within 10 calendar days of the date of the decision, unless the Corporation and the Brotherhood of Locomotive Engineers agree otherwise in writing. If the decision of the Corporation is not satisfactory to the Passenger Engineer or to the Brotherhood of Locomotive Engineers, it may be appealed in writing directly to the highest officer of the Corporation designated to handle appeals. Such appeal must be received within 10 calendar days of the date of decision appealed from, and the decision on such an appeal will be rendered within 20 calendar days of the date the appeal is received. The decision by the highest appeals officer of the Corporation designated to handle appeals will be final and binding unless, within 30 calendar days thereafter, the Corporation is notified in writing that the decision is unsatisfactory, and in such event, the dispute may be submitted to a tribunal having jurisdiction within six months of the date of such decision. A representative of the Brotherhood of Locomotive Engineers will have the right to be present at and participate in any hearing which involves the Brotherhood of Locomotive Engineers.

 

h.   The discipline rule will not apply to union membership requirement cases.

 

i.   Nothing herein will be used as a basis for time or money claims against the Corporation.

 

 

RULE 30- DUES DEDUCTION

 

a.   Subject to the conditions herein set forth, the Corporation will withhold and deduct from wages due Passenger Engineers represented by the Brotherhood of Locomotive Engineers amounts equal to periodic dues, assessments and insurance premiums (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in the Brotherhood of Locomotive Engineers.

 

b.   No such deduction will be made except from the wages of a Passenger Engineer who has executed and furnished to the Corporation a written assignment, in the manner and form herein provided, of such periodic dues, assessments and insurance premiums. Such assignment will be on the form specified in Attachment “A” and will, in accordance with its terms, be irrevocable for one year from the date of its execution.


c.   Deductions as provided for herein will be made by the Corporation in accordance with a deduction list furnished by the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers in the form specified in Attachment “B,” which may be changed by the Corporation as conditions require. Such list will be furnished to the Director, Payroll Operations, separately for each Local Division. Thereafter, a list containing any additions or deletions of names, or changes in amounts, will be so furnished to the Corporation on or before the 20th day preceding the month in which the deductions will be made.

 

d.   Deductions as provided for herein will be made monthly by the Corporation from wages due Passenger Engineers for the first biweekly pay period (or corresponding period for those paid on a weekly basis) which ends in each calendar month, and the Corporation will pay, by draft, to the order of the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers, the total amount of such deductions, on or before the 10th day of the month following the month in which such deductions are made. With the draft, the Corporation will forward to the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers a list setting forth any scheduled deductions which were not made.

 

e.   No deduction will be made from the wages of any Passenger Engineer who does not have due to him for the pay period specified an amount equal to the sum to be deducted in accordance herewith, after all deductions for the following purposes have been made:

 

1.   Federal, State, and Municipal Taxes.

 

2.   Other deductions required by law, such as

garnishments and attachments.

 

3.   Amounts due the Corporation.

 


f.   Responsibility of the Corporation will be limited to remitting to the Brotherhood of Locomotive Engineers amounts actually deducted from the wages of Passenger Engineers as outlined herein, and the Corporation will not be responsible financially or otherwise for failure to make proper deductions. Any question arising as to the correctness of the amount deducted will be handled between the Passenger Engineer involved and the Brotherhood of Locomotive Engineers, and any complaints against the Corporation in connection therewith will be handled by the Brotherhood of Locomotive Engineers on behalf of the Passenger Engineer concerned.

 

g.   A Passenger Engineer who has executed and furnished to the Corporation an assignment may revoke said assignment by executing the revocation form specified herein within 15 days after the end of the year, but if the Passenger Engineer does not so revoke the assignment, it will be considered as reexecuted and may not be revoked for an additional period of one year, and the reexecuted assignment will similarly continue in full force and effect and be considered as reexecuted from year to year unless and until the Passenger Engineer executes a revocation form within 15 days after the end of any such year. Revocation of assignment will be in writing and on the form specified in Attachment “C,” and both the assignment and revocation of assignment forms will be reproduced and furnished as necessary by the Brotherhood of Locomotive Engineers without cost to the Corporation. The Brotherhood of Locomotive Engineers will assume the full responsibility for the procurement and the execution of said forms by Passenger Engineers, and for the delivery of said forms to the Corporation. Assignment and revocation of assignment forms will be delivered with the deduction list herein provided for to the Corporation not later than the 20th of the month preceding the month in which the deduction or the termination of the deduction is to become effective.

 

NOTE:     The one-year prohibition against revocation of the Wage Assignment Authorization referred to in this paragraph “4g” has no application to a Passenger Engineer who is changing union membership under the provisions of paragraph “a” of Rule 29, Union Shop.

 


h.   No provision of this Rule will be used in any manner whatsoever, either directly or indirectly, as a basis for a grievance or time claim by or in behalf of any Passenger Engineer, and no provision herein or any other provision of the agreement between the Corporation and the Brotherhood of Locomotive Engineers will be used as a basis for grievance or time claim by or in behalf of any Passenger Engineer predicated upon any alleged violation of, or misapplication or noncompliance with, any provisions of this Rule.

 

i.   The Brotherhood of Locomotive Engineers will indemnify, defend and save harmless the Corporation from any and all claims, demands, liability, losses or damage resulting from the entering into or complying with the provisions of this Rule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ATTACHMENT “A”

 

 

WAGE DEDUCTION AUTHORIZATION

NATIONAL RAILROAD PASSENGER CORPORATION

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

 

____________________________________________________________

Print Name (Last Name, First Name, Initial, Employee No.)

 

Home Address (Street and No., City, State and Zip Code)

 

 

DIRECTOR, PAYROLL OPERATIONS

NATIONAL RAILROAD PASSENGER CORPORATION:

 

I hereby assign to the Brotherhood of Locomotive Engineers that part of my wages necessary to pay periodic dues, assessments and insurance premiums (not including fines and penalties) as certified to the Corporation by the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers as provided in the Dues Deduction Rule, entered into by the Corporation and the Brotherhood of Locomotive Engineers effective January 1, 1983, and authorize the Corporation to deduct such sum from my wages and pay it over to the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers in accordance with the Deduction Agreement.

 

 

____________________________________________________________

Date               Signature               Division Number

 

 

 

 

 

 

 

 

 


ATTACHMENT “B”

 

 

INSTRUCTION FOR UNION DUES DEDUCTION FORM

 

Forms must be received by the end of the prior month before

month to be deducted.

Item Field

1    Action                    -‘C’ = Correction/Change

to the amount to be deducted

  -‘D’ =  Deactivate

deduction

  -‘R’ =  Reactivate deduction

2    Employee Name             —Enter employee’s full name

3    Social Security Number    —Enter employees social            security number

4    Deduction            —Enter the amount to be            deducted

 

 

 

NOTE:     New member deductions will not be honored unless a properly prepared Wage Deduction Authorization Form, signed by the employee, is received by the Director, Payroll Operations. A revocation form is necessary when transferring from one labor organization to another and should accompany this form.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


NATIONAL RAILROAD PASSENGER CORPORATION

 

PAYROLL DEDUCTION MAINTENANCE FORM

 

DATE:__________

 

TO:           Director, Payroll Operations

FROM:SUBJECT:      Union Dues Deduction

 

Please deduct monthly the amount shown opposite the name of each employee listed beginning with the payroll month of________________, 19____ . If you have been previously advised to make a deduction from the employee listed, the amount shown will be a correction in the amount to be deducted.

 

    SOCIAL

   EMPLOYEE      SECURITY

ACTION        NAME      NUMBER             DEDUCTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ATTACHMENT “C”

 

 

WAGE ASSIGNMENT REVOCATION

NATIONAL RAILROAD PASSENGER CORPORATION

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

 

____________________________________________________________

Print Name (Last Name, First Name, Initial, Employee No.)

 

Home Address (Street and No., City, State and Zip Code)

 

 

DIRECTOR. PAYROLL OPERATIONS

NATIONAL RAILROAD PASSENGER CORPORATION:

 

Effective in the next calendar month, I hereby revoke the Wage Assignment Authorization now in effect assigning to the Brotherhood of Locomotive Engineers that part of my wages necessary to pay my periodic dues, assessments and insurance premiums (not including fines and penalties), and I hereby cancel the Authorization.

 

____________________________________________________________

Date               Signature               Division Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


RULE 31- MEAL PERIOD

 

a.   Passenger Engineers engaged in switching and class-

ification service will be allowed 20 minutes for lunch without deduction in pay. The lunch period must be given and completed within four and one-half and six hours after starting work. In the event conditions do not allow the lunch period to be taken between four and one-half and six hours after starting work, the Passenger Engineers will be paid an additional 20 minutes at the straight-time rate and will be allowed a 20-minute lunch period as soon as conditions permit.

 

b.   Passenger Engineers in work, wire, wreck, construc-

tion and snow plow service will be given a reasonable time to eat during their trip or tour of duty.

 

 

RULE 32- HOLIDAYS

 

Regularly Assigned Passenger Engineers

 

a.   Each regularly assigned Passenger Engineer who

meets the qualifications set forth in paragraph “c” hereof will receive eight (8) hours’ pay at the straight-time rate for each of the following enumerated holidays:

 

New Year’s Day

Washington’s Birthday

Good Friday

Memorial Day

Fourth of July

Labor Day

Veterans Day

Thanksgiving Day

Christmas Eve

Christmas Day

 

Only one eight (8) hour payment will be paid for the holiday, irrespective of the number of trips or tours of duty worked.

 

NOTE:     When any of the above-listed holidays falls

on Sunday, the date observed by the Nation will be considered the holiday.


b.   Any regularly assigned Passenger Engineer who works on any of the holidays listed in paragraph “a” will be paid at the rate of time and one-half for all services performed on the holiday. Not more than one time and one-half payment will be allowed, in addition to the one eight (8) hour holiday payment, for service performed during a single trip or tour of duty on a holiday which is also a workday or a vacation day.

 

c.   To qualify, a regularly assigned Passenger Engineer must be available for or perform service as a regularly assigned Passenger Engineer on the workdays immediately preceding and following such holiday, and if his assignment works on the holiday, he must fulfill such assignment. However, a regularly assigned Passenger Engineer whose assignment is annulled, cancelled or abolished, or a regularly assigned Passenger Engineer who is displaced from a regular assignment as a result thereof on (1) the workday immediately preceding the holiday, (2) the holiday, or (3) on the workday immediately following the holiday will not thereby be disqualified for holiday pay, provided he does not lay off on any of such days and makes himself available for service on each of such days, excepting the holiday in the event the assignment does not work on the holiday. If the holidays fall on the last day of his work week, the first workday following his “days off’ will be considered the workday immediately following. If the holiday falls on the first workday of his work week, the last workday of the preceding work week will be considered the workday immediately preceding the holiday. When one or more designated holidays fall during the vacation period of a Passenger Engineer, the qualifying days for holiday pay purposes will be his workdays immediately preceding and following the vacation period.

 

NOTE:     A regularly assigned Passenger Engineer who qualified for holiday pay under paragraph “c” will not be deprived thereof by reason of changing from one regular assignment to another regular assignment on the workday immediately preceding or following the holiday or on the holiday.

 

d.   Nothing in this Rule will be considered to create a

guarantee or to restrict the right of the Corporation to annul assignments on the specified holidays.


e.   The terms “workday” and “holiday” refer to the day to which service payments are credited.

 

Passenger Engineers Assigned to an Extra Board

 

f.   Each Passenger Engineer assigned to an extra board who meets the qualifications provided in paragraph “g” will receive eight (8) hours’ pay at the straight-time rate on any of the following enumerated holidays:

 

New Year’s Day

Washington’s Birthday

Good Friday

Memorial Day

Fourth of July

Labor Day

Veterans Day

Thanksgiving Day

Christmas Eve

Christmas Day

 

Only one eight (8) hour payment will be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the holiday, the allowance of one eight (8) hour payment will be at the rate of pay of the first tour.

 

NOTE:     When any of the above-listed holidays falls on Sunday, the day observed by the Nation will be considered the holiday.

 

g.   To qualify, a Passenger Engineer assigned to an extra board must perform service or be available for service on the full calendar day of the holiday and on the full calendar days immediately preceding and immediately following the holiday.

 


NOTE 1:   A Passenger Engineer assigned to an extra board whose service status changes from a Passenger Engineer assigned to an extra board to a regularly assigned Passenger Engineer or vice versa on one of the qualifying days will receive the basic day’s pay provided in paragraph “f,” provided (1) he meets the qualifications set forth in paragraph “g” on the day or days he is a Passenger Engineer assigned to an extra board, and (2) he meets the qualifications set forth in paragraph “b” on the day or days he is a regularly assigned Passenger Engineer, provided further, that a regularly assigned Passenger Engineer who voluntarily changes his service status to a Passenger Engineer assigned to an extra board on any of the three qualifying days will not be entitled to receive the pay provided for in paragraph “f.”

 

NOTE 2:   A Passenger Engineer assigned to an extra board will be deemed to be available if he is ready for service and does not lay off of his own accord.

 

NOTE 3:   When one or more designated holidays fall during the vacation period of a Passenger Engineer assigned to an extra board, his qualifying days for holiday pay purposes will be his workdays immediately preceding and following the vacation period.

 

h.   Any Passenger Engineer assigned to an extra board who works on any of the holidays listed in paragraph “f” will be paid at the rate of time and one-half for all services performed on the holiday. Not more than one time and one-half payment will be allowed, in addition to the one eight (8) hour holiday payment, for service performed during a single tour of duty on a holiday.

 

i.   The terms “calendar day” and “holiday” on which service is performed refer to the day to which service payments are credited.

 

 

RULE 33- CHOICE HOLIDAY

 


Passenger Engineers covered by this Agreement will receive a choice holiday” as an eleventh holiday, in lieu of a workday, subject to the qualifying requirements of the Holiday Rule, except that they will not be required to work or to be available for work on the “choice holiday” to qualify for holiday pay for such “choice holiday” if they so elect. Such day will be selected by the Passenger Engineer, consistent with the requirements of service, upon 48 hours’ advance notice to the Corporation. The “choice holiday” request must be made before October 12 of each year. Failing to do so, such “choice holiday” will be assigned by management.

 

 

RULE 34- CONFERENCES

 

Conferences between officers of the Corporation and duly accredited representatives will be held without cost to the Corporation. When duly accredited representatives are required to report for a conference at the direction of the Corporation, they will be compensated for the time engaged in the conference, with a minimum of four hours.

 

 

RULE 35- SEVERABILITY

 

If any Rule or provision of this Agreement is at any time determined to be in conflict with any law, such Rule or provision will continue in effect only to the extent permitted by law. If any Rule or provision of this Agreement is or becomes invalid or unenforceable, such invalidity or unenforceability will not affect or impair any other term or provision of this Agreement.

 

 

RULE 36- SHORTAGE ADJUSTMENT

 

When a Passenger Engineer’s actual earnings are short one day or more, adjustment will be made upon request.

 

 

RULE 37-STARTING TIMES

 


a.   Regularly assigned Passenger Engineers engaged in switching and classification service will each have a fixed starting time which will not be changed without at least 48 hours’ advance notice.

 

b.   Where three eight-hour shifts are worked in contin-uous service, the time for an assignment on the first shift to begin work will be between 6:00 a.m. and 10:00 a.m., the second shift, 2:00 p.m. and 6:00 p.m., and the third shift, 10:00 p.m. and 2:00 a.m.

c.   Where two shifts are worked in continuous service,

the time for an assignment on the first shift to begin work will be during any one of the periods named in paragraph “b.”

 

d.   Where two shifts are not worked in continuous

service, the time for an assignment on the first shift to begin work will be between the hours of 6:00 a.m. and 11:00 a.m., and on the second shift, not later than 2:00 a.m.

 

e.   At points where there is only one regular yard

assignment, the assignment may be started at any time subject to paragraph “a.”

 

f.   Where an independent assignment is worked regularly, the assignment may be started during one of the periods provided for in paragraph “b” or “d.”

 

g.   An extra yard assignment may be started during one of the periods provided for in paragraph “b” or “d.”

 

h.   If a Passenger Engineer is started at a time other than provided for in paragraph “b” or “d,” he will be paid from the last permissible starting time until released from duty.

 

Signed at Washington, D.C., this 26th day of October, 1982.

 

FOR THE NATIONAL RAILROAD             FOR THE BROTHERHOOD OF

  PASSENGER CORPORATION                LOCOMOTIVE ENGINEERS

 

_______________________           _______________________

G. F. Daniels, Vice President                   W. J. Wanke

  Labor Relations                               First Vice President

 

______________________________                  ______________________________

G. R. Weaver, Jr. Assistant                     J. P. Carberry

  Vice President, Labor Relations               Vice President

 

______________________________                  ______________________________

J. K. Shoemaker, Assistant                      T. J. Cavan


  Vice President, Transportation                General Chairman

 

______________________________                  ______________________________

H. R. Henderson, Deputy General                 Harold A. Ross

  Counsel                                       General Counsel

 

______________________________

L. D. Miller, Manager, Labor

  Relations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MEMORANDUM OF AGREEMENT

COVERING THE ESTABLISHMENT OF A

JOINT LABOR/MANAGEMENT

PRODUCTIVITY COUNCIL

 

I.   The Corporation and its employees share the mutual objective of enhancing Amtrak’s survival, and an important factor to be addressed is that of improving the productivity of both management and labor. The parties recognize that there is a reservoir of untapped employee input to constructive productivity improvement and agree to the following as a means of accomplishing our objective:

 

II.  The parties will establish a Joint Labor/ Management

Productivity Council, which will consist of two representatives from the Brotherhood of Locomotive Engineers (BLE) and an equal number of management representatives. The Council will select a neutral public member who shall serve as Chairman.

 

III. The Council will examine all aspects of Amtrak train operations for the purpose of identifying those areas which have an impact on the productivity of the Corporation and its employees and make specific recommendations for changes. No recommendation will be made which will infringe on the collective bargaining agreement of the BLE without the approval of the BLE. Several areas will be examined, including (but not limited to):

 

absenteeism                       training

employee morale                   working environment

management practices              work force distribution,

revenue-to-cost ratio               including the ratio of

stress from high speed runs         management to union

alcohol abuse                       employees

equipment improvement

 

IV.  The Council will establish such local task forces as are necessary to ensure a comprehensive analysis and review of each phase of Amtrak’s existing operation.

 

Local Productivity Task Forces will consist of an equal number of management and BLE employees and will be responsible directly to the Council.


Local task forces will recommend changes and may institute experimental programs embodying such recommendations, if approved by the Council.

 

V.   The Council will issue the following reports:

 

1.   120 days after formation—report to the President

of the BLE and the President of Amtrak on the organization of the Council, its ground rules and the local task forces established.

 

2.   360 days after formation—interim report to the President of BLE and the President of Amtrak on the findings of Council, local experiments, recommendations, etc.

 

3.   Such additional interim reports to the President of the BLE and the President of Amtrak, as the Council deems necessary or desirable.

 

4.   June 1, 1984—final report of Council submitted to the President of the BLE, the President of Amtrak and the Secretary of Transportation, and the chairmen of the Senate and House committees having jurisdiction over Amtrak matters. The Productivity Council will terminate, unless otherwise agreed to by the parties, 30 days after the date the recommendations have been made.

 

The final report will:

 

(a)  summarize the activities of the Council and the local task forces;

 

(b)  outline the findings of the Council and the results of any specific experiments conducted;

 

(c)  make recommendations for changes by the parties

which will enhance the productivity of the

Corporation.

 

FOR THE BROTHERHOOD OF            FOR THE NATIONAL RAILROAD

  LOCOMOTIVE ENGINEERS              PASSENGER CORPORATION

_______________________      ___________________________


W. J. Wanke                       G. F. Daniels

First Vice President              Vice President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


October 26, 1982

 

Letter No. 1

Mr. W J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, Ohio 44114

 

Dear Mr. Wanke:

 

This is to confirm that during negotiation of the Agreement between the National Railroad Passenger Corporation and the Brotherhood of Locomotive Engineers signed this date it was agreed that the provisions of the “Agreed Upon Implementation of Public Law 97-262,” signed September 28, 1982, contained in Article I—General Wage Increases, and Article Il—Cost of Living Adjustments, will be applicable to all employees covered by the Agreement signed this date, with the following exceptions:

 

1.   Any general wage increases or cost-of-living increases to be effective prior to January 1, 1983, will not be applicable.

 

2.   Amtrak will apply the national increases, including cost-of-living increases, payable in calendar year 1983, less the first three percent.

 

Further, this confirms our understanding that the parties agree to refrain from serving notices pursuant to Section 6 of the Railway Labor Act regarding the rates of pay, rules, or working conditions covered in the Agreement signed this date prior to January 1, 1984, or from exercising their respective self-help rights with respect to any matters covered by said Agreement, except upon 30 days’ advance written notice served on or after July 1, 1984. Proposals properly served under the Railway Labor Act on matters that are not covered by the Agreement signed this date and that do not request compensation may be served and progressed under the provisions of the Railway Labor Act, as amended.

 


Please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

 

G.   F. Daniels

Vice President

Labor Relations

 

I CONCUR:

 

 

_______________________

W. J. Wanke

First Vice President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Amtrak                                     October 26, 1982

 

Letter No. 2

Mr. W. J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, Ohio 44114

 

Dear Mr. Wanke:

 

During negotiation of the Agreement dated October 26, 1982, it was recognized that the elimination of the mileage basis of pay would require the employees regularly assigned in Amtrak’s Washington to New York and Boston to New Haven services to work an increased number of trips per month. Accordingly, in order to provide a reasonable transition from the current 10 and 13 trips per month in such services to the five-day per week arrangement which will be established pursuant to the Agreement signed this date, it was further agreed that:

 

1.   For a three-year period commencing January 1, 1983, Passenger Engineers regularly assigned in Amtrak’s New York to Washington service will be guaranteed annual earnings of $42,076.80, which amount is equivalent to the annualized earnings which would be produced for 10 trips per month on the former mileage basis at the rate of pay in effect on Conrail as of December 31, 1982.

 

2.   For a three-year period commencing January 1, 1983, Passenger Engineers regularly assigned in Amtrak’s Boston to New Haven service will be guaranteed annual earnings of $37,996.92, which amount is equivalent to the annualized earnings which would be produced for 13 trips per month on the former mileage basis at the rate of pay in effect on Conrail as of December 31, 1982.

 


3.   The annual earnings guarantee provided in paragraphs 1 and 2 above will be accomplished by establishing a minimum pay for each completed trip during the guarantee period. The “minimum pay for each completed trip” will be adjusted each year during the guarantee period to coincide with the transition from 10 and 13 trips to five days per week, and will be determined by dividing the appropriate annual earnings guarantee by the total number of trips, as set forth in paragraph 4 below, for each year in the three-year guarantee period.

 

4.   The principles set forth in paragraph 3 above will be implemented in accordance with the following schedule:

 

A.   New York-Washington Service:

1983    Total   1983    1984    Total   1984    1985    Total   1985            Trips/  1983    Pay/        Trips/  1984    Pay/    Trips/  1985    Pay/Position    Month   Trips   Trip    Month   Trips   Trip    Month        Trips   TripPassengerEngineer   13     156     269.72  15     180     233.76  17     204     206.25

B.   Boston-New Haven Service:

1983    Total   1983    1984    Total   1984    1985    Total   1985            Trips/  1983    Pay/        Trips/  1984    Pay/    Trips/  1985    Pay/Position    Month   Trips   Trip    Month   Trips   Trip    Month        Trips   TripPassengerEngineer   15     180     211.09  17     204     186.26  19     228     166.65

 

5.   Any special allowances to which an employee may be entitled will be paid in addition to the “minimum pay for each completed trip” set forth in paragraph 4 above. Extra employees will not be entitled to the annual guarantee earnings provided by paragraphs 1 and 2 of this letter of understanding; however, the “minimum pay for each completed trip” will be applicable to extra employees for any completed trip worked in the service covered by this letter of understanding.

 

6.   The terms and conditions of this letter of understanding will terminate on December 31, 1985, and thereafter, the applicable provisions of the collective bargaining agreement will govern.

 


It is further understood that for a three-year period, commencing January 1, 1983, Passenger Engineers regularly assigned in Amtrak’s Harrisburg to Philadelphia service will be guaranteed an assignment working approximately 24 trips per month, which, if the days available are worked, will produce an amount equivalent to or in excess of the annualized earnings of $41,969, which would be produced from 10 round trips on a five-day week (about 22 trips per month) on the former mileage basis at the rate of pay in effect on Conrail as of December 31, 1982.

 

If the foregoing properly sets forth our understanding, please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

 

G. F. Daniels

Vice President

Labor Relations

 

I CONCUR:

 

 

_______________________

W. J. Wanke

First Vice President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


October 26, 1982

 

Letter No. 3

 

Mr. W. J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, Ohio 44114

 

Dear Mr. Wanke:

 

This has reference to our discussions during negotiation of Rule 2 “Classifications and Basis of Pay” of the Agreement signed this date.  During such discussions, the parties agreed to the establishment of a single hourly rate of pay for all such employees.

 

In the establishment of such single, or common, basis of pay, it was understood:

 

1.   Except where special arrangements have been agreed to by the parties, regular assignment which contemplate a combination of traditional road passenger work and traditional road freight and/or yard work are not permissible.

 

2.   Road Passenger Engineers may be required to perform any work necessary in the handling of cars of their own train or trains, provided that setting off or picking up such cars will be limited to straight moves.

 


3.   Yard Passenger Engineers may perform any service covered by the provisions of this Agreement, but will not be used to perform service outside the limits of their crew base except in emergency situations.  If Yard Passenger Engineers are sent outside of their crew base in an emergency to assist in the movement of a train, they may advance the train only toward their crew base and may perform any service relating to the movement of the train, including intermediate station stops.

 

Very truly yours,

 

 

G. F. Daniels

Vice President

Labor Relations

 

I CONCUR:

 

 

_______________________

W. J. Wanke

First Vice President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


October 26, 1982

 

Letter No. 4

Mr. W. J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, Ohio 44114

 

Dear Mr. Wanke:

 

During negotiation of the Agreement dated October 26, 1982, it was agreed that Amtrak will provide all Passenger Engineers with a baseball type hat that identifies them as “Amtrak Passenger Engineers.”

 

It was further agreed that the Brotherhood of Locomotive Engineers would participate in the selection and design of the hat and that a Passenger Engineer will not be required to wear such hat while on duty.

 

Please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

 

G. F. Daniels

Vice President

Labor Relations

 

I CONCUR:

 

 

___________________

W. J. Wanke

First Vice President

 

 

 

 


October 26, 1982

Letter No. 5

Mr. W. J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, Ohio 44114

 

Dear Mr. Wanke:

 

This will confirm the understanding reached during negotiation of the Agreement between the National Railroad Passenger Corporation and the Brotherhood of Locomotive Engineers signed this date that in lieu of personal leave days, a lump-sum payment will be made not later than the first payroll period ending in July, 1983, to employees covered by that Agreement who would have qualified for such lump-sum payment pursuant to the “Agreed Upon Implementation of Public Law 97-262,” had they continued employment with the Consolidated Rail Corporation.

 

Any employee qualifying for the lump-sum payment will receive $230.00, if the employee’s first service performed on or after January 1, 1982, was as a locomotive engineer; otherwise, the lump-sum payment will be $200.00. There will be no duplication of lump-sum payments by virtue of employment under any agreement with another organization or employment with any other employer.

 

If the foregoing properly sets forth our understanding, please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

I CONCUR:                         G. F. Daniels

Vice President

Labor Relations

___________________

W. J. Wanke

First Vice President


October 26, 1982

 

Letter No. 6

Mr. W. J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, OH 44114

 

Dear Mr. Wanke:

 

This will confirm the understanding reached during the negotiation of the Agreement dated October 26, 1982.

 

In the event Amtrak assumes operation of commuter trains or acts for or on behalf of commuter agencies in the operation of commuter trains, the following rule will be effective with respect to Passenger Engineers employed in the operation of such trains:

 

Passenger Engineers whose assignment includes short

turnaround passenger runs, no single trip of which is scheduled to exceed two hours, will be paid overtime for all time actually on duty, or held for duty, in excess of eight hours (computed on each run from the time required to report for duty to the end of that run) within nine consecutive hours. Time will be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour.

 

Please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours

 

 

G. F. Daniels

I CONCUR:                         Vice PresidentLabor Relations

___________________

W. J. Wanke

First Vice President


October 26, 1982

Letter No. 7

 

Mr. W. J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, OH 44114

 

Dear Mr. Wanke:

 

This is to confirm that during negotiation of the Agreement between the National Railroad Passenger Corporation and the Brotherhood of Locomotive Engineers signed this date, it was agreed that in the event the employees covered by that Agreement are awarded any transfer or seniority rights with any commuter authority by any arbitration award, judicial decision or legislation, they may exercise those rights and retain any seniority or the right to obtain seniority on Amtrak, with the further right to exercise said rights once every six-month period, as specified in the Agreement made this date between the National Railroad Passenger Corporation, Consolidated Rail Corporation and Brotherhood of Locomotive Engineers pursuant to Section 1165 of the Northeast Rail Service Act of 1981.

 

If the foregoing properly sets forth our understanding, please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

G. F. Daniels

Vice President

Labor Relations

I CONCUR:

 

___________________

W. J. Wanke

First Vice President

 


October 26, 1982

 

Letter No. 8

Mr. W J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, OH 44114

 

Dear Mr. Wanke:

 

This will confirm the understanding reached during negotiation of the Agreement between the National Railroad Passenger Corporation and the Brotherhood of Locomotive Engineers signed this date that on any occasion that the differential in “compensation” paid the Passenger Engineer falls below 110.4% of the compensation paid any other member of the crew on that assignment, the total compensation of the Passenger Engineer on the assignment will be adjusted to maintain the 110.4% differential.

 

If the foregoing properly sets forth our understanding, please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

 

G. F. Daniels

Vice President

Labor Relations

 

I CONCUR:

 

__________________

W. J. Wanke

First Vice President

 

 

 

 


October 26, 1982

 

Letter No. 9

 

Mr W J Wanke

First Vice President

Brotherhood of Locomotive Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, OH 44114

 

Dear Mr. Wanke:

 

During negotiation of the Agreement signed this date, it was agreed that the Agreed To Questions and Answers concerning the Brotherhood of Locomotive Engineers National Rule on Bereavement Leave and Jury Duty would be part of this Agreement.

 

Please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

G. F. Daniels

Vice President

Labor Relations

 

I CONCUR:

 

 

__________________

W. J. Wanke

First Vice President

 

 

 

 

 

 

 

 

 


October 26, 1982

 

Letter No. 10

Mr. W J. Wanke

First Vice President

Brotherhood of Locomotive

  Engineers

1116 BLE Building

1365 Ontario Avenue

Cleveland, OH 44114

 

Dear Mr. Wanke:

 

During negotiation of the Agreement signed this date, it was agreed that Amtrak would provide a list of where lodging would be provided to Passenger Engineers in the Northeast Corridor. The list is:

 

Boston, MA         Essex Hotel

Essex Street at Atlantic Avenue

Boston, MA 02110

 

New Haven, CT      Holiday Inn-Downtown

30 Whalley Avenue

New Haven, CT 06511

 

New York, NY       Southgate Hotel

371 7th Avenue

New York, NY 10001

 

Philadelphia, PA   Penn Center Inn

Market at 20th Street

Philadelphia, PA 19103

 

Washington, DC Bellevue Hotel

15 E Street, N.W.

Washington, DC 20001

 

Very truly yours,

 

 

 G. F. Daniels

Vice President

Labor Relations


October 26, 1982

 

Letter No. 11

Mr. T. J. Cavan

General Chairman

Brotherhood of Locomotive Engineers

5301 Jonestown Road

Harrisburg, PA 17112

Dear Mr. Cavan:

 

During negotiation of the Agreement dated October 26, 1982, it was agreed that engines will be supplied with fuel, water, sand and have all equipment that is necessary for the service to be performed. Engines will also be equipped to comply with statutory requirements relating to the health and comfort of the Passenger Engineer.

 

It was also agreed that when engines are dispatched from engine facilities where enginehouse forces are employed and on duty at the time of dispatchment, engines will be supplied and cleaned by enginehouse forces. Passenger Engineers will not be required to supply engines.

 

It was further understood that Passenger Engineers will be responsible for knowing that their engines are properly equipped and serviced. Passenger Engineers will report any defects that come to their attention.

 

Please indicate your concurrence by affixing your signature in the space provided below.

 

Very truly yours,

 

 

G. R. Weaver, Jr.

Assistant Vice President

Labor Relations

I CONCUR:

____________________

T. J. Cavan

General Chairman

 

APPROVED:

______________________            ________________________


W. J. Wanke                               G. F. Daniels, Vice

First Vice President                      President, Labor Relations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AGREEMENT ENTERED INTO THIS 20th DAY OF OCTOBER, 1982 BETWEEN THE EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, AMTRAK AND CONSOLIDATED RAIL CORPORATION (CONRAIL) PURSUANT TO SECTION 1165 OF THE NORTHEAST RAIL SERVICE ACT OF 1981 (NRSA)

 

WHEREAS the Congress enacted the Northeast Rail Service Act of 1981 providing in Section 1165 thereof that Conrail shall be relieved of the responsibility to provide crews to Amtrak for intercity passenger service on the Northeast Corridor effective January 1, 1983; and

 

WHEREAS Section 1165 also provides that the employees of Conrail with seniority in both freight and passenger service shall have the right to move from one service to the other once each six-month period; and

 

WHEREAS Section 1165 mandates that Conrail, Amtrak and the representatives of Conrail’s employees with seniority in both freight and passenger service agree to the terms and conditions by which said employees of Conrail who become employees of Amtrak shall retain their seniority with Conrail with flowback rights, by December 8, 1982, or submit the matter to binding arbitration;

 

NOW, THEREFORE, it is agreed that the following terms and conditions are in conformity with and do implement the provisions of Section 1165 of NRSA with respect to the craft of locomotive engineers represented by the Brotherhood of Locomotive Engineers:

 

 

I. SENIORITY

 

A.   All Conrail employees holding seniority rights within the craft of locomotive engineers as of December 31, 1982 shall have the opportunity to exercise those rights to passenger service on Amtrak effective January 1, 1983, and on each and every April 1st and October 1st thereafter, in accordance with the provisions of this Agreement.

 


B.   The standing of Conrail employees on the Amtrak Passenger Engineers Seniority Roster during each six-month period commencing on April 1, 1983, as described in Article I.A. above, shall be in accordance with the Order Selection List provided for in Article III.B.

 

C.   Any employees hired by Amtrak subsequent to January 1, 1983, in the craft or class of Passenger Engineers represented by BLE, other than those Conrail employees identified in Article I.A. of this Agreement, will establish seniority in accordance with the applicable Amtrak agreement governing rates of pay and working conditions.

 

 

II. NUMBER OF EMPLOYEES TO BE TRANSFERRED

 

A.   The number of positions to be set forth on the Order Selection List for Amtrak Passenger Engineers will be equal to 125% of the number of positions, regular and extra, required for the operations of intercity passenger trains and other yard service assignments supporting such operations within the NEC as of August 1, 1982.

 

B. The number of Amtrak Passenger Engineers positions advertised for bid and award will be equal to the number of positions, regular and extra, required in the operation of intercity passenger trains and yard service supporting operations within the NEC as of January 1, 1983.

 

 

III. TRANSFER OF EMPLOYEES

 

A.   A special advertising bulletin will be posted on Conrail advising qualified employees under Article I.A. of their right to indicate interest in obtaining employment as Passenger Engineers on the NEC region of Amtrak. Such bulletin will be posted from October 25, 1982 to November 4, 1982.

 


B.   Conrail employees qualified under Article I.A. equal to the number of positions referred to in Article II.A., who indicate a desire to transfer to Amtrak NEC in writing to the official designated in the bulletin described in Article III.A., will be placed on the Order Selection List, which will become the Passenger Engineers Seniority Roster for Amtrak NEC, and will be eligible to bid for positions advertised under Article IV.A. of this Agreement. Placement of employees according to seniority on the Order Selection List will be in accordance with Appendix “A” of this Agreement.

 

C.   Employees who are on suspension, discharge pending appeal, disability, leave of absence or are full-time Union Representatives during the period specified in Article III.A. who would otherwise have been entitled to transfer to Amtrak NEC under the provisions of this Agreement, may within five working days following their return to service with Conrail, exercise seniority against a junior employee on Amtrak NEC.

 

 

IV. OFFERS OF EMPLOYMENT AND ACCEPTANCE OF EMPLOYEES

 

A.   The Amtrak NEC Passenger Engineer positions referred to in Article II.B. will be advertised by special bulletin to the employees on the Seniority Roster established pursuant to Article III.B. from November 15, 1982 through November 26, 1982. Awards of positions shall be posted on December 17, 1982, and the jobs will be effective January 1, 1983.

 

B.   Any employee who is on the Order Selection List who either fails to bid or withdraws the bid and would have otherwise been awarded a position shall be removed from the Order Selection List (Seniority Roster) and will be permitted displacement rights to Conrail on January 1, 1983.

 

C.   The advertising bulletin will include the following statement:

 

“This will serve as notice that these positions will be established on the NEC Region of Amtrak effective January 1, 1983. The successful applicants for positions with the NEC Region of Amtrak will be considered as having applied for and been accepted for employment by Amtrak. The bid and award will also be considered as the employee’s release to transfer copies of the employee’s service and personnel records to Amtrak.”

 

D.   The successful applicants will become employees of Amtrak effective January 1, 1983.


E.   Unsuccessful applicants will retain their place on the Order Selection List as provided for in Article II.B. and will be permitted displacement rights on Conrail on January 1,1983. Unsuccessful applicants regularly assigned to Conrail yard or freight assignments will remain on such assignments.

 

F.   Vacancies on Amtrak positions which occur after the

awards are made under Article IV.A. (and before January 1, 1983) shall be advertised to Conrail employees on the Order Selection List who were unsuccessful applicants, and if vacancies still remain, in accordance with the applicable Conrail collective bargaining agreement. All such advertisements shall contain the statement contained in Article IV.C.

 

 

V. RETENTION OF CONRAIL SENIORITY

 

A.   Employees transferred to Amtrak pursuant to Article IV. of this Agreement shall retain and continue to accumulate seniority on Conrail and shall be entitled to exercise such seniority under the following circumstances:

 

1.   If deprived of employment as a Passenger

Engineer on Amtrak. “Deprived of Employment,” as used herein, means the inability of an employee covered by this Agreement to obtain a position in the normal exercise of his seniority rights as a Passenger Engineer with Amtrak. It shall not, however, include a deprivation of employment by reason of retirement, separation allowance, resignation, dismissal or disci-plinary suspension for cause, work stoppage or failure to work due to illness or disability. Employees who are deprived of employment as Passenger Engineers must exercise Conrail seniority rights and will be considered furloughed Amtrak Passenger Engineers with rights to recall in accordance with the appropriate Amtrak agreement.

 


2.   On April 1 and October 1 of each year, by written notice by the employees to Conrail, Amtrak, and the BLE General Chairman at least thirty (30) days in advance thereof.

 

B.   Employees returning to Conrail pursuant to Articles V.A.1. and 2. above shall exercise their Conrail seniority in accordance with the applicable Conrail Displacement Rule.

 

C.   Employees returning to Conrail pursuant to Articles V.A.1. and 2. above will retain and continue to accumulate Amtrak seniority in accordance with the applicable Amtrak agreement.

 

D.   Employees returning to Conrail pursuant to Articles V.A. 1. and 2. will be permitted to exercise their Passenger Engineer seniority rights on Amtrak on April 1 and October 1 of each year.

 

 

VI.  EMPLOYEES EXERCISING CONRAIL AND/OR

     AMTRAK RIGHTS

 

As required by Section 1165 of NRSA, Conrail and Amtrak shall have the right to furlough one employee in applicable service for each employee who returns through the exercise of seniority.

 

 

VII. EMPLOYMENT OPPORTUNITIES—UNSUCCESSFUL INITIAL

 BIDDERS ON THE AMTRAK NEC ROSTER—SUBSEQUENT         EMPLOYMENT OPPORTUNITIES ON AMTRAK

 

A.   Any Passenger Engineer position advertised after

January 1, 1983, and not filled by then current Amtrak Passenger Engineers in accordance with the Amtrak collective bargaining agreement, will be offered first to Conrail employees on the Amtrak NEC Seniority Roster established pursuant to Article III.B. who were not successful bidders under Article IV.A. If any such positions remain vacant, or there becomes a need for new Passenger Engineers, Amtrak will offer such positions to Conrail employees with seniority dates as locomotive engineers prior to January 1, 1983 in seniority order who have indicated, in writing to Amtrak and Conrail, their desire for employment by Amtrak.


B.   On April 1, 1983, and on each April 1st and October 1st thereafter, any Conrail employee covered by this Agreement shall be entitled to exercise the right to move to service as a Passenger Engineer on Amtrak by notifying both Conrail and Amtrak in writing by the preceding March 1st or September 1st of the desire to exercise that right. The determination as to which employees may exercise such rights will be made on the basis of Conrail seniority. An eligible employee will be placed on the Order Selection List (Seniority Roster) in accordance with Appendix “A,” and will be assigned the position held by the Passenger Engineer which he displaces on the Order Selection List until all positions are advertised incident to the change of timetable. Employees displaced and unable to obtain a position as a Passenger Engineer on Amtrak must exercise Conrail seniority rights and will be considered furloughed Amtrak Passenger Engineers with rights to recall in accordance with the appropriate Amtrak agreement.

 

C.   On April 1, 1983, and on each April 1st and October 1st thereafter, any Amtrak employee covered by this Agreement shall be entitled to exercise the right to move to Conrail by notifying Amtrak, Conrail and the BLE General Chairman in writing by the preceding March 1st or September 1st of the desire to exercise that right. Employees returning to Conrail pursuant to this Article VII.B. shall exercise their Conrail seniority in accordance with the applicable Conrail Displacement Rule.

 

D.   In the event that the number of employees who move from Conrail to Amtrak is insufficient to fill the required Passenger Engineer positions those positions shall be filled by recalling furloughed Conrail employees in seniority order. When the number of such unfilled positions exceeds 10 percent of the total number of Passenger Engineers in Amtrak service, junior incumbent Passenger Engineers exceeding 10 percent shall remain on their positions until they are replaced by employees recalled from furlough.

 

E.   Employees entering the employ of Amtrak under this Article VII. will obtain Amtrak seniority in accordance with Article I.B. and exercise same under the applicable Amtrak collective bargaining agreement.

 


F.   Conrail employees accepted for employment by Amtrak under this Article VII. will retain and accumulate seniority on Conrail. Said employees returning to Conrail shall retain their rights on Amtrak as set forth in Article V.D.

 

 

VIII.  VACATION ELIGIBILITY, ETC.

 

A.   Subject to the provisions of the applicable Amtrak collective bargaining agreement, compensated days and years of service recognized by Conrail shall be used in determining eligibility for benefits such as vacation for employees transferred under Articles III, IV, or VII. Conversely, compensated days and years of service with Amtrak shall be used in determining eligibility for benefits such as vacation of employees returning to Conrail under Articles V or VII.

 

B.   In the calendar year 1983, Conrail employees transferred to Amtrak in accordance with this Agreement shall be granted not less than the number of vacation days with pay they would have received under the applicable Conrail agreement.

 

C.   Service performed for Conrail prior to January 1, 1983 shall be considered in determining eligibility for holiday pay for New Year’s Day that may be provided in the applicable Amtrak collective bargaining agreement.

 

D.   There shall be no pyramiding or duplication of any benefit in the application of any portion of this Agreement.

 

 

IX.  DISPUTES

 

Any dispute or controversy with respect to the interpretation, application or enforcement of the provisions of this Agreement which has not been resolved within 60 days, may be submitted by any of the parties to an Adjustment Board for a final and binding decision thereon as provided for the Section 3, Second of the Railway Labor Act. This time limit may be waived by mutual agreement.

 

 

X.  COUNTERPARTS


This Agreement may be signed in any number of counterparts, each of which shall be deemed an original.

 

Signed at Washington, D.C. this 20th day of October, 1982.

 

FOR CONSOLIDATED RAIL             FOR THE BROTHERHOOD OF

CORPORATION:                      LOCOMOTIVE ENGINEERS

 

 

 

R. E. Swert                       W. J. Wanke

Vice President—Labor Relations    First Vice President

 

 

 

FOR THE NATIONAL RAILROAD         J. P. Carberry

PASSENGER CORPORATION:            Vice President

 

 

 

G. F. Daniels                     T. J. Cavan

Vice President-Labor Relations    General Chairman

 

 

Harold A. Ross

General Counsel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Appendix “A’

Page 1 of 2

 

The following procedures will be instituted to establish the Order Selection List and Amtrak’s Passenger Engineers Seniority Roster provided for in Article III of the implementing agreement governing the transfer of engine service employees to Amtrak in accordance with Section 1165 of the Northeast Rail Service Act of 1981, (codified at 45 USC 1113).

 

I.   The number of engine service employees by prior prior right seniority district that were employed in the service, including assignments supporting such service as of August 1, 1982 are:

 

Conrail Seniority District “G”:

New York Division                          84.10

Maryland Division                          63.85

Harrisburg Division                   18.40

Philadelphia Terminal                      8.00

 

Conrail Seniority District “F”:

Shore Line Division                   56.50

Providence Division                   16.00

246.85

 

II.  On the basis of the above figures, the percentage allocations to be used in placing employees on the Order Selection List are:

 

Conrail Seniority District “G”:

New York Division                          34.07%

Maryland Division                          25.87%

Harrisburg Division                   7.45%

Philadelphia Terminal                      3.24%

 

Conrail Seniority District “F”:

Shore Line Division                   22.89%

Providence Division                   6.48%

100.00%

 

The specific Order Selection List is as indicated in Appendix “B.”


   III.   Engineers will be placed on the Order Selection List on the basis of their prior prior or prior right seniority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Appendix “A’

Page 2 of 2

 

 

In the event there are insufficient applications from employees with prior prior rights to fill the allocated numbers for any of the Penn Central prior prior right districts, the remaining employees below the last prior prior right employee of that district will be drawn from prior right Penn Central employees and placed on the Order Selection List on the basis of their prior right Penn Central roster standing.

 

In the event there are insufficient applications from employees with prior prior rights to fill the allocated numbers for any of the New Haven prior prior right districts, the remaining employees below the last prior prior right employee of that district will be drawn from the prior right New Haven Employees Combined Roster, dated 10-31-68, and placed on the Order Selection List on the basis of their prior right New Haven Combined Roster standing.

 

Vacancies remaining on the Order Selection List, following the exercise of prior prior and prior rights, will be filled with applicants from the appropriate Conrail roster on the basis of their Conrail seniority.

 

IV.  As long as there are prior right employees on the Order Selection List, the standing of the employees will reflect the determined allocation as set forth in Article II of this Appendix.

 

 

 

 

 

 

 

 

 

 

 

 


Appendix “B”

Page 1 of 2

PASSENGER ENGINEERS ORDER SELECTION LIST

(NEC Region of Amtrak)

Seniority Districts

(Conrail Seniority Districts “G” & “F”)

 

Engineers          Percentage

New York Division    84.10   = G-NY    =        34.07%

Maryland Division    63.85   = 0-MD    =        25.87%

Harrisburg Division  18.40   = G-HB    =         7.45%

Philadelphia Terml.   8.00   = G-PT    =         3.24%

Shore Line Division  56.50   = F-SL    =        22.89%

Providence Division  16.00   = F-PV    =         6.48%

 246.85                    100.00%

 

Seniority Seniority          Seniority

OSN  District OSN  District OSN       District

 

1    G-NY     27     G-MD        53            G-MD

2    G-MD     28     G-NY        54            F-PV

3    F-SL     29     G-MD        55            G-NY

4    G-NY     30     F-SL        56            F-SL

5    G-MD     31     G-NY        57            G-MD

6    G-NY     32     G-MD        58            G-NY

7    F-SL     33     F-SL        59            F-SL

8    G-HB     34     G-HB        60            G-MD

9    F-PV     35     G-NY        61            G-HB

10   G-MD     36     G-MD        62            G-NY

11   G-NY     37     F-SL        63            G-MD

12   F-SL     38     G-NY        64            F-SL

13   G-NY     39     F-PV        65            G-NY

14   G-MD     40     G-NY        66            G-MD

15   F-SL     41     G-MD        67             F-SL

16   G-PT     42     F-SL        68            G-NY

17   G-NY     43     G-NY        69            G-NY

18   G-MD     44     G-MD        70            G-MD

19   G-NY     45     G-NY        71            F-SL

20   F-SL     46     F-SL        72            G-NY

21   G-HB     47     G-HB        73            G-HB

22   G-MD     48     G-PT        74            G-NY

23   G-NY     49     G-NY        75            G-MD

24   F-PV     50     G-MD        76            G-PT


25   F-SL     51     F-SL        77            F-SL

26   G-NY     52     G-NY        78            G-NY

 

Appendix “B”

Page 2 of 2

 

 

Seniority Seniority              Seniority

OSN  District OSN   District OSN       District

 79  G-MD     87     G-MD        95            G-NY

 80  F-SL     88     G-HB        96            G-HB

 81  G-NY     89     F-SL        97            G-NY

 82  G-MD     90     G-NY        98            G-MD

 83  G-NY     91     G-MD        99            F-SL

 84  F-SL     92     G-NY        100            G-NY

 85  F-PV     93     F-SL

 86  G-NY     94     G-MD

 

 

Employees on the Order Selection List who possess seniority on

Conrail Seniority District F—Northeastern will have prior rights to assignments in NEC Working Zone 1. Employees on the Order Selection List who possess seniority on Conrail Seniority District G—Southeastern will have prior rights to assignments in NEC Working Zone 2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

AGREED UPON

 

QUESTIONS AND ANSWERS

 

TO THE

 

AGREEMENT

BETWEEN

 

NATIONAL RAILROAD PASSENGER CORPORATION

 

AND

 

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

DATED

 

OCTOBER 26,1982

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


RULE 2- CLASSIFICATIONS AND BASIS OF PAY

 

Q1.  A Passenger Engineer arrives late at turning point and misses the return leg of his assignment. What compensation will he be entitled to?

A1.  He may be instructed to deadhead combined  service or he may perform service to his Crew Base with not less than the earnings of his assignment.

 

Q2.  Under this rule Engineers are entitled to the overtime rate for all time in excess of 40 straight time hours in a work week. However, in service between Philadelphia and Harrisburg, assignments are advertised to operate six (6) days every other week. Will this require payment at overtime or does the guarantee waive such payment?

A2.  The guarantee provided for the Harrisburg to Philadelphia service is a special arrangement which is not subject to the overtime after 40 hours provision of Rule 2. The first eight hours worked on a sixth day which is scheduled for purposes of the Harrisburg/Philadelphia guarantee is to be paid at the pro rata rate. Any time worked in excess of eight hours on such day would be paid for at the rate of time and one-half.

 

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

A3.  No; however, Letter No. 3 would apply.

 

Q4.  What will a Passenger Engineer be paid if, by virtue of performing work during his layover period, he misses the return leg of his assignment?

A4.  Time will be computed from time he reported for duty at his home Crew Base until the time relieved at his home Crew Base, with not less than the earnings of his regular assignment.

 

Q5.  If a Passenger Engineer is called off the New York Extra Board for service to Washington, DC, deadhead combined with service, may he be required to perform service back from Washington?


A5.  Yes.

 

Q6.  A Passenger Engineer’s assignment operates a total time on duty of four (4) hours per day, five days a week. If such Passenger Engineer performs service on the sixth and seventh day of his work week, is he entitled to be paid time and one-half for each day with a minimum of eight hours time and one-half? (BLE 3/22/83).

A6.  Yes.

 

 

RULE 3- SENIORITY

 

Q1.  May a Passenger Engineer working in Northeast Corridor Zone 1 bid for and be awarded an advertised position in NEC Zone 2?

A1.  Only if no Amtrak Passenger Engineer with prior rights to Work Zone 2 assignments bids on such

assignment.

 

Q2.  How far must a Passenger Engineer exercise his seniority under Rule 3 before he will be allowed to take furlough or be considered deprived of employment under Article V.A.1. of the Section 1165 Agreement?

A2.  Passenger Engineer is required to exercise his NEC seniority to any position within the Work     Zone in which found.

 

 

RULE 4- SERVICE BETWEEN ZONES

 

Q1.  In service within a work zone can an assignment be advertised which operates through a crew base in between the principal station of the originating crew base and the principal station of the terminating crew base? (BLE 3/22/83)

A1.  Yes.

 

 

RULE 6- BULLETINS AND ASSIGNMENTS

 


Q1.  Will a Passenger Engineer be permitted to remain on a job he bid from if the job he bid for does not commence work during the following 48 hours, (rest days), and the assignment he is bidding from has not yet been under advertisement?

A1.  Yes. In order to avoid any loss of time due to changing assignments, a Passenger Engineer bidding from a regular assignment that is not under advertisement may remain on the assignment he has hid from for a period not to exceed 48 hours from the time the assignment becomes effective.

 

Q2.  A Passenger Engineer’s assignment is readvertised. He does not bid for this assignment or any other assignment, and chooses to remain on the assignment while it is under advertisement. What happens to this Passenger Engineer when the advertisement is closed and the assignment has been made?

A2.  He must vacate the assignment on the effective date of the award and will have 5 days to exercise his seniority to any position other than the assignment he was holding.

 

Q3.  How do we define permanent changes in a regular assignment? For example: track work for a week, month or year.

A3.  When it is known that it is a change of 30 days or more.

 

Q4.  In the application of Rule 6, paragraph (i) who is considered as the junior Passenger Engineer working at the same Crew Base?

A4.  Junior Passenger Engineer on the Crew Base Extra Board at the location where the assignment failed for bid.

 

Q5.  When a junior Passenger Engineer becomes available at the crew base, releasing a senior man who was force assigned, and is force assigned in his place, does he have the right to be released if another junior man marks up?

A5. Yes.

 

Q6.  If the junior Passenger Engineer on an extra board is force assigned to an assignment that failed for bid under the provision of Rule 6, paragraph (i), will his weekly extra board guarantee be prorated?

 


A6.  If the Passenger Engineer was available for service during that portion of the weekly period he was on the extra board and works all the hours of his regular assignment for the remainder of the extra board weekly period, he will be allowed the difference between what he actually earns in the weekly period and the money equivalent of 40 straight time hours.

 

Q7.  A Passenger Engineer assigned to an extra board at Crew Base A is cut from the extra board and immediately exercises his seniority to an extra board at Crew Base B and is available for service during the entire weekly period. Would such Passenger Engineer be entitled to the weekly guarantee provided in Rule 9?

A7.  Yes.

 

 

RULE 7- REDUCING AND INCREASING FORCES

 

Q1.  If a Passenger Engineer, who is notified that his position is abolished, fails to exercise his displacement rights, will this be considered a displacement onto the extra board so that one employee will be cut off the board for each one added through failure to exercise seniority?

A1.  The Engineer will revert to the Extra Board and the Extra Board may be immediately adjusted.

 

Q2.  At Crew Base “A” the Passenger Engineer’s Extra Board is cut by one man. What happens to the employee cut from the Board who fails to exercise seniority within five days?

A2.  An employee cut from an Extra Board must exercise seniority within five days. If he is able to but fails to do so, he may only return to active service by bidding on advertised assignments.

 

Q3.  Does Rule 7 require that five days advance notice be given if the number of positions on an Extra Board is to be reduced?

A3.  No.

 

Q4.  Rule 7 allows a Passenger Engineer to exercise displace-ment within five days after the date of notification of abolishment of positions. What is considered the first day of this five day period?


A4.  The first full calendar day following the date of the notice. For example, notice is posted 3:00 PM on January 5, 1983, the five day period begins 12:01 AM, January 6, 1983.

Q5.  Will a man forfeit his NEC Seniority on Amtrak if he is recalled from furlough by Amtrak and Conrail does not release him? (BLE 3/22/83)

A5.  No.

 

 

RULE 8- ANNULMENT OF ASSIGNMENTS

 

Q1.  Is there any penalty payment provided in Rule 8 if a Passenger Engineer is notified of an annulment in less than four hours but prior to reporting for duty?

A1.  No.

 

Q2.  What payment, if any, will be made to a Passenger Engineer if he reports to his assignment without being notified of its annulment?

A2.  The Passenger Engineer will be allowed four hours under Rule 13 if no attempt was made to notify the Passenger Engineer at least four hours prior to the reporting time of the assignment.

 

Q3.  If a Passenger Engineer’s assignment is annulled, is he entitled to exercise displacement rights?

A3.  A Passenger Engineer whose regular assignment is annulled for more than one day will be entitled to exercise displacement rights.

 

Q4.  A Passenger Engineer’s assignment is annulled due to emergency conditions and he is not notified; however, when he reports he is informed of the annulment and is used on another assignment. What amount of payment will he receive?

A4.  The employee will be paid in accordance with Rule 2.

 

 

RULE 9-GUARANTEED EXTRA BOARD

 

Q1.  Is an extra employee entitled to deadhead pay and/or auto mileage allowance when covering assignments within the Crew Base?

A1.  No.


Q2.  An extra Passenger Engineer is called to cover a one day vacancy at an outlying point, i.e. a point outside the confines of the Crew Base. Where will such Passenger Engineer report for and be relieved from duty? (New 3/22/83)

A2.  The extra Passenger Engineer will report for duty at the principal station within the Crew Base and will be transported under pay to the outlying point. After completing service at the outlying point, the Passenger Engineer will be transported back to the principal station within the Crew Base where he will report off duty for pay purposes.

 

Q3.  An extra employee on the Washington, DC Extra Board is called to report for an assignment at Odenton (within the Crew Base). Where will such employee be relieved from duty? (New 3/22/83)

A3.  The extra employee will report for and be relieved from duty at the same point within the Crew Base, i.e. Odenton.

 

Q4.  If an extra Passenger Engineer filling a vacancy at an outlying point marks off in the middle of his holddown, is the extra Passenger Engineer filling this vacancy entitled to deadhead compensation?

A4.  Deadhead pay is allowed only for the first and last day of the vacancy.

Q5.  Will the extra board guarantee be pro-rated for a Passenger Engineer not completing a full week?

(BLE 3/22/83)

A5.  No, except in those situations specifically provided in Rule 6, Q&A 6 and 7.

 

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

A6.  Yes.

 


Q7. A Passenger Engineer is called to report at his home crew base. The job is a work extra to be run as follows: light engine North to Yard “A”-3 miles and switch cars. Then South to crew base; then light 10 miles East to siding “B” to pick up cars; then back to crew base; then North to yard “A” by his home crew base to yard “C” 70 miles. Can you run a Passenger Engineer through his originating crew base? (BLE 3/22/83)

A7. Yes.

 

Q8.  A Passenger Engineer on an Extra Board refuses to accept a “soon as possible” call. Is such Engineer to be dropped to the bottom of the Extra Board and considered as having missed a call thereby breaking his guarantee? (BLE 3/22/83)

A8. Yes.

 

Q9.  A duly accredited representative as defined in Rule 1 of the Rules Agreement is assigned to an Extra Board and requests permission to mark off for union business with Amtrak or another railroad or transit agency. How will such action affect the duly accredited representative’s status on the Extra Board?

A9.  The duly accredited representative will maintain his relative standing on the Extra Board; however, he will break his availability for purposes of the weekly Extra Board guarantee. The only exception is when a duly accredited representative is paid in accordance with Rule 34 or under policy determination for attending meetings relative to vacation picks or rearrangement of runs. In such case, the duly accredited representative will not break his availability for purposes of the Extra Board guarantee; however, the payment so made will be charged against the money equivalent of 40 straight-time hours for guarantee purposes and is not payment for service performed and, therefore, not subject to the overtime provisions of Rule 2(b).

 

 

RULE 10 — DEADHEADING

 

Q1.  Who is the proper officer of the Corporation responsible for marking time slips indicating how and when a Passenger Engineer was notified to deadhead?

A1.  In light of the Centralized Crew Dispatching operation compliance with the rule will be satisfied by the Crew Dispatcher instructing the Passenger Engineer to mark his own time slip in accordance with the call.

 


Q2.  If a Passenger Engineer is verbally notified how to deadhead but the time slip is not marked, will deadhead be paid for separately?

A2.  No; however, the Corporation has the burden of proof by producing the taped conversations (or a certified transcript thereof).

 

 

RULE 13- CALLS

 

Q1.  Does Rule 13(a) provide for any compensation to a Passenger Engineer who reports for his assignment which is annulled?

A1. See Rule 8, Question and Answer No. 2.

 

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

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

 

 

RULE 15- EXPENSES AWAY FROM HOME

 

Q1.  Are the provisions of Rule 15 applicable to a Passenger Engineer who as a part of his assignment is under pay at other than the designated Crew Base of the assignment, e.g. at the layover point in turnaround service?

A1.  No.

 

 

RULE 16- TRAINING, QUALIFYING

AND EXAMINATIONS

 

Q1.  If a Passenger Engineer on an extra board must mark off to attend training class or examination will this be considered as breaking his guarantee? (BLE 3/22/83)

A1.  No, however, any compensation received will be applied towards the guaranteed money equivalent of 40 straight time hours.

 


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

A2. No.

 

 

RULE 19- JURY DUTY

 

Q1.  How will the laws concerning jury duty in the state of New Jersey affect the application of this rule insofar as Passenger Engineer is concerned?

A1.  An employee required to lose time from his assignment will be entitled to the amount of usual compensation he would have earned had he worked on such day or days less the amount of jury allowance paid as verified by a statement from the court.

 

 

RULE 20- TIME LIMITS

 

Q1.  Is a denial by the Carrier required when a time claim is not submitted in duplicate and/or properly receipted as required by Rule 20?

A1.  No. Paragraph (a) specifically states that such claims will not be entertained.

 

 

RULE 21- DISCIPLINE AND INVESTIGATION

 

Q1.  What is meant by the term “Corporation” as used in paragraph (d) (1) relating to cases involving stealing or criminal offense?

A1.  General Superintendent involved.

 

Q2.  Does paragraph (h) (5) require that the employee and his representative will have a decision in writing when they leave the office after an appeal hearing on discipline?

A2.  Yes, unless mutually agreed to otherwise.

 

Q3.  What pay will a Passenger Engineer be entitled to if found not guilty as a result of a disciplinary investigation? (BLE 3/22/83)


A3.  When discipline assessed as a result of a formal  investigation is subsequently expunged, an engineer who has incurred wage loss shall be paid for such wage loss incurred. When discipline assessed is subsequently reduced, an engineer who has incurred wage loss shall be paid for such wage loss during any period not part of the final discipline assessment.

 

 

RULE 32- HOLIDAYS

 

Q1.  If a Passenger Engineer on the Extra Board performs service on the day before, after and on the holiday and subsequently is called for another tour of duty on that same day and is not available, will he be disqualified from receiving holiday pay?

A1.  No.

 

Q2.  What compensation will a Passenger Engineer in the New York-Washington service be paid when he works on a holiday, provided he meets all the qualifications set forth in Rule 32?

A2.  He would receive the 8 hour holiday payment at 6/23/83 the straight time rate; in addition, he would receive the greater of the earnings of his assignment computed in accordance with Rules 2 and 32 or the “minimum pay for each completed trip.”

 

EXAMPLE:

Run takes 8 hours

 —8 hours @ l ½ time...................$201.24

 —Minimum trip pay.....................$269.72

Would be paid minimum trip pay

Run takes 12 hours

 —12 hours @ 1½ time...................$301.86

 —Minimum trip pay.....................$269.72

Would be paid earnings under Rules 2 and 32

 

 

RULE 33- CHOICE HOLIDAY

 

Q1.  Does an employee have a demand right to work his choice holiday?

A1.  Yes.

 


Q2.  If a man takes a choice holiday and works the day, will he be paid at the time and one-half rate for all service performed plus eight hours pay for the holiday? (BLE 3/22/83)

A2.  Yes, if he fulfills qualifying requirements for the  holiday pay as set forth in Rule 33.

 

 

LETTER NO.2

 

Q1.  A Passenger Engineer working a Road Passenger assignment in the guaranteed New York to Washington service, exceeds the maximum hours of service permitted under the Hours of Service Law upon arrival at Washington, and an extra employee is called off the Washington Crew Base Extra Board to fill the remainder of the assignment and deadhead combined with service back to the Washington Crew Base. Is the extra employee entitled to the guarantee payment for this service? Is the regular Passenger Engineer entitled to the guarantee payment?

A1.  The extra employee would not be entitled to the guarantee but the regular employee would receive not less than the guarantee payment.

 

Q2.  A Passenger Engineer works an assignment in the New York-Washington guaranteed service which is delayed in arriving at Washington and misses the return leg of his assignment, and an extra employee off the Washington Crew Base Extra Board is called to fill the vacancy and deadhead back to Washington combined with service. Is the extra employee entitled to the New York-Washington guarantee payment? Is the regular Passenger Engineer entitled to the guarantee payment even though he did not complete the assignment?

A2.  The extra employee would not be entitled to the guarantee but the regular employee would receive not less than the guarantee payment.

 


Q3.  An extra Passenger Engineer assigned to the Washington Crew Base Extra Board is called to work the second leg of a New York-Washington Road Passenger assignment from Washington back to New York and deadhead combined with service back to Washington. Upon arrival at New York he is used to fill a vacancy on a Road Passenger assignment from New York to Washington. Is the extra employee entitled to receive not less than the daily guarantee for a completed trip in New York-Washington Road Passenger service?

A3.  Yes.

 

Q4.  Does the 110.4% differential provided in Letter No. 8 apply to Letter No. 2 concerning guaranteed annual earnings above any member of the crew?(BLE 3/22/83)

A4.  The special guarantee arrangements which are set forth in Letter No. 2 and expire on December 31, 1985, are not subject to the application of Letter No. 8.

 

Q5.  How will guarantee money in the New York-Washington and Boston-New Haven service be paid? (BLE 3/22/83)

A5.  The guarantee will be paid on the basis of the appropriate minimum pay for each completed trip which a Passenger Engineer works in the service.

 

 

LETTER NO.6

 

Q1.  Can Passenger Engineers covering the Maryland DOT Commuter Service assignments who are under pay (continuous time) during their layover at Washington be used to perform protect service?

A1.  Yes.

 

Q2.  A Passenger Engineer whose assignment includes operation of trains in commuter service under Letter No. 6 operates the first leg of his assignment from 6:00 AM to 8:00 AM and after an eight hour layover, operates the final leg of his assignment from 4:00 PM to 6:00 PM. How will such Passenger Engineer be compensated?

A2.  Eight hours at the straight time rate and three hours at the time and one-half rate.

 

 

LETTER NO.11

 

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

A1.  No.

 

 


SECTION 1165 AGREEMENT

 

Q1.  May a Passenger Engineer working on Amtrak remain in such capacity if for any reason his employment relationship with Conrail is severed?

A1.  Yes, however, his position on the Order Selection List/Seniority Roster would be behind all Passenger Engineers possessing seniority on Conrail prior to January 1, 1983, inasmuch as the standing on the Order Selection List is based on Conrail seniority.

 

Q2.  Article II, (a) of the October 20th Agreement states that “the number of positions to be set forth on the Order Selection List will be equal to 125% of the number of positions as of August 1, 1982.” Must Amtrak retain 125% for 3 years— life of the contract? (BLE 3/22/83)

A2.  The 125% only refers to positions on the Order Selection List; it does not establish a minimum number of Passenger Engineer positions which the Corporation is required to maintain. The number of positions on the Order Selection List in the application of 125% provision will remain in effect until the Section 1165 Agreement is modified in accordance with the Railway Labor Act, as amended.

 

Signed at Philadelphia, PA, this 2nd day of August, 1983.

 

For the Brotherhood of       For the National Railroad

Locomotive Engineers              Passenger Corporation

 

 

 

_______________________      _________________________

J. P. Carberry               G. R. Weaver, Jr.

Vice President          Assistant Vice President

Labor Relations

 

 

  D. F. Riley

General Chairman

 

 

 

 


August 2, 1983

 

 

Mr. J. P. Carberry, Vice President

Brotherhood of Locomotive Engineers

455 Empire Boulevard

Rochester, NY 14609

 

Mr. D. F. Riley, General Chairman

Brotherhood of Locomotive Engineers

105 Wolf Road

Albany, NY 12205

 

Gentlemen:

 

This letter is to confirm our understanding that the following agreed to Question and Answer will be added to the other agreed to Questions and Answers which were formally signed August 2, 1983:

 

Q.   When a Passenger Engineer exercises displacement rights to an assignment for which he does not meet all qualifications, will the incumbent Passenger Engineer be considered immediately displaced?

 

A.   No; the incumbent Passenger Engineer will not be considered displaced until the displacing Passenger Engineer meets all the qualifications required of the assignment and physically displaces the incumbent.

 

If the foregoing properly sets forth our understanding, please indicate your concurrence by affixing your signatures in the spaces provided below.

 

Very truly yours,

 

 

G. R. Weaver

Assistant Vice President

Labor Relations

WE CONCUR:

 

8/2/83

J. P. Carberry                             Date


Vice President

 

8/2/83

D. F. Riley                                     Date

    General Chairman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


AGREEMENT MADE PURSUANT TO RULE 27—VACATION OF THE RULES AGREEMENT, DATED OCTOBER 26, 1982, BETWEEN THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS.

 

In accordance with Rule 27 of the Passenger Engineers Rules Agreement, signed October 26, 1982, the parties to said agreement hereby agree to apply the provisions of the National Vacation Agreement of April 29, 1949, as amended, with the following modifications to conform to the basis of pay established in Rule 2 of the Rules Agreement:

 

1.   For the purposes of determining qualifications for vacation, service performed as a Passenger Engineer on Amtrak will be treated in the same manner as service performed as a train or engine service employee in yard service as set forth in Section 1 of the National Vacation Agreement.

 

2.   Service performed on Conrail in a calendar year shall be computed for the purpose of determining vacation qualifications in accordance with the applicable Conrail Agreement.

 

3.   A Passenger Engineer receiving a vacation, or pay in lieu thereof, under Section 1 of the National Vacation Agreement, as modified herein, shall be paid for each week of vacation 1/52 of the compensation earned by such Passenger Engineer while engaged in train or engine service for Amtrak and/or Conrail during the calendar year preceding the year in which the vacation is taken, but in no event, shall such payment be less than five (5) eight hour days at the Passenger Engineer’s rate if working as such at the time the vacation is taken.

 

4.   The provisions of Section 8 of the National Vacation Agreement will not apply to a Passenger Engineer who returns to service with Conrail pursuant to the application of the Section 1165 Agreement dated October 20, 1982.

 


5.   A Passenger Engineer receiving a vacation, or pay in lieu thereof, will be paid for such vacation by Amtrak, if such Passenger Engineer last performed compensated service on Amtrak immediately preceding the date the vacation is taken or payment in lieu thereof is due. In no case, will a Passenger Engineer be entitled to dual vacation benefits as a result of the application of this Agreement.

 

6.   Vacation periods shall begin at 12:01 AM, Monday, and end at 11:59 PM, Sunday. Passenger Engineers shall be permitted, subject to the provisions of Section 6 of the National Vacation Agreement, to divide the total vacation due in any calendar year into segments, but no segment shall be less than one (1) week.

 

7.   Any dispute or controversy arising out of the interpretation of any of the provisions of the Agreement shall be handled in the same manner as other disputes arising under the Passenger Engineers Rules Agreement.

 

Signed this 2nd day of August, 1983.

 

For:                              For:

Brotherhood of Locomotive             National Railroad

Engineers                         Passenger Corporation

 

 

_______________________           ______________________

J. P. Carberry                    G. R. Weaver, Jr.

Vice President                    Assistant Vice President

Labor Relations

 

 

_______________________

D. F. Riley

General Chairman

 

 

 

 

 

 


THIS AGREEMENT, MADE THIS 2ND DAY OF AUGUST, 1983, BY AND BETWEEN NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, GOVERNING THE ITEMIZED STATEMENT OF EARNINGS AND AMENDING PARAGRAPH (D) OF RULE 20 OF THE RULES AGREEMENT, DATED OCTOBER 26, 1982.

 

(a)  Passenger Engineers will furnish all information required on time slips so that proper identification of payments can be made.

 

(b)  An itemized statement of the employee’s daily earnings for each pay period will be furnished with the employee’s pay draft. A brochure type pamphlet containing applicable codes will be provided each employee to enable him to determine what payments were made for each date.

 

(c)  The requirement set forth in paragraph (d) of Rule 20 for initial denial of monetary claims for compensation alleged to be due will be satisfied when a monetary claim is identified and disallowed on an itemized statement of earnings form issued within the time limit specified in Rule 20. If an employee feels he has been improperly paid on the itemized statement of daily earnings form, he will submit his claim or grievance to the Local Chairman for appeal handling in accordance with paragraph (e) of Rule 20.

 

(d)  The itemized statement of daily earnings form will serve as notification of payment of claims and no further notification will be required.

 

(e)  Employees should use the itemized statement of daily earnings as the basis of reporting any overpayments.

 

(f)  This Agreement will become effective upon seven days

notice by the Corporation.

 

 

 

 

 

 

 


Signed this 2nd day of August, 1983.

 

For:                              For:

Brotherhood of Locomotive             National Railroad

Engineers                         Passenger Corporation

 

 

J. P. Carberry                       G. R. Weaver, Jr.

Vice President                    Assistant Vice President

 

 

  D. F. Riley

General Chairman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


August 2, 1983

 

 

Mr. J. P Carberry, Vice President

Brotherhood of Locomotive Engineers

455 Empire Boulevard

Rochester, NY 14609

 

Mr. D. F. Riley, General Chairman

Brotherhood of Locomotive Engineers

105 Wolf Road

Albany, NY 12205

 

Gentlemen:

 

This is in reference to our discussions concerning the numerous complaints which have been received from both employees and local union representatives concerning the payment to employees on the various Crew Base Extra Boards.

 

As you have been informed, the basis of these complaints has been identified as being the disparity between the “weekly period” established in Rule 9(a) for guarantee purposes and the Corporation’s pay cycle for agreement employees, which commences on Thursday of each week.

 

In order to eliminate the subject disparity, we are agreeable to amending Rules 2(b) and 9(a) to respectively define both the “work week” for Passenger Engineers on the extra board and the “weekly period” for extra board guarantee purposes as “a period of seven consecutive days, starting with Thursday.” These amendments will become effective upon seven days notice by the Corporation.

 

It is understood that during the initial week of this change, the period from Monday to Wednesday will not be subject to the provisions of Rule 9(a) relating to the extra board guarantee.

 

 

 

 

 

 


 

If you are agreeable to the foregoing, please indicate your concurrence by signing in the space provided below, returning the original for our files.

 

Very truly yours,

 

 

G. R. Weaver, Jr.

 Assistant Vice President

Labor Relations

 

 

 

I CONCUR:

 

 

August 2, 1983

J. P Carberry                         Date

Vice President

 

August 2, 1983

D. F. Riley                           Date

   General Chairman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


August 2, 1983

 

Mr J P Carberry, Vice President

Brotherhood of Locomotive Engineers

455 Empire Boulevard

Rochester, NY 14609

 

Mr. D. F. Riley, General Chairman

Brotherhood of Locomotive Engineers

105 Wolf Road

Albany, NY 12205

 

Gentlemen:

 

During our meeting of August 2, 1983, it was agreed to add the following sentence at the end of Rule 6, paragraph (P of the Passenger Engineer Rules Agreement:

 

A Passenger Engineer returning to duty after being absent

by reason of vacation will be permitted to exercise his seniority on an assignment advertised and filled in his absence, provided he exercises such right before he performs any service.

 

If the foregoing properly sets forth our understanding, please indicate your concurrence by affixing your signatures in the spaces provided below.

 

Very truly yours,

 

G. R. Weaver, Jr.

 Assistant Vice President

Labor Relations

WE CONCUR:

 

   8/2/83

J. P Carberry                         Date

Vice President

 

   8/2/83

D. F. Riley                           Date

   General Chairman