AGREEMENT MADE THIS 4th DAY OF NOVEMBER, 1992, BETWEEN THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
In recognition of the working relationship between passenger engineers and assistant passenger engineers and the benefits of having a single agreement applicable to the craft of locomotive engineers;
IT IS AGREED:
I. The October 26, 1982, passenger engineer rules Agreement, as amended by the December 23, 1985, memorandum of understanding, and the Agreed Upon Questions and Answers related thereto, as well as applicable letter agreements, shall apply to Assistant Passenger Engineers.
II. Add the following paragraph to Rule 1(a):
“This Agreement will also apply to the work or service of transporting passengers performed by Assistant Passenger Engineers engaged in the operations of trains in Off—Corridor service. Assistant Passenger Engineers will be used on selected assignments in accordance with this Agreement and must be qualified to operate as a Passenger Engineer. Assistant Passenger Engineers will only be assigned to regular road passenger trains which are scheduled to operate four or more hours from the initial station of the assignment to the final station or turnaround station of the assignment. Such positions will be regarded as “must fill” positions.”
3. The following Rules shall be amended as outlined below and shall be applicable to Passenger Engineers and Assistant Passenger Engineers:
A. Effective with the implementation of the Automated Bid System, amend Rule 6 — Bulletin and Assignment, as follows:
a.1. (Northeast Corridor)
New assignments, assignments subject to readver-tisement, extra hoard positions 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 12:01 a.m. the fol-lowing Thursday.
a.2. (Off Corridor)
New assignments, assignments subject to readver-tisement, extra board positions 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 12:01 a.m. the following Wednesday.
NOTE: It is understood that the advertising and award period is based on the extra board work week and payroll period in the respective services, as well as the program requirements of the automated system. In the event of a change in any of these variables, the carrier shall notify the organization at least ten (10) days in advance of any change which may be necessary in the bid and award process.
h. Assignments will be made to employees in
seniority order from bids submitted through an automated system prior to the close of an advertisement period. Employees will be given a receipt number for bids submitted though such automated system.
B. Rule 7 — Reducing And Increasing Forces.
d. Furloughed Passenger Engineers or Assistant Passenger Engineers who fail to return to service within 15 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.
C. Rule 9 — Guaranteed Extra Board.
b. Except as provided in this paragraph, 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 hoard must be qualified to work any assignments which the extra board protects.
Vacancies of 5 or more days may be filled by the senior passenger engineer assigned to the extra board requesting such vacancy. A passenger engineer assigned to a vacancy under this paragraph will remain on the assignment for the duration of the vacancy. If such assignment results in a passenger engineer not being afforded his assigned rest day nor a rest day on the vacancy to which assigned, he shall be granted a rest day, consistent with the requirements of service, upon conclusion of the vacancy. Notwithstanding any other provision of this agreement, passenger engineers requesting to fill vacancies under this paragraph will be compensated at the straight time rate for the first eight hours worked on each day of such vacancy.
D. Rule 20 — Time Limit On Claims.
e. A claim for compensation, properly submitted, which has been denied, will be considered closed unless the Local Chairman, within 60 days from the date of denial, lists the claim in writing for discussion with the designated Labor Relations officer. When a claim for compensation is denied following such discussion, the Labor Relations officer will notify the Local Chairman in writing within 60 days from the date of such discussion. When not so notified, the claim will be allowed as presented, but such payment will not validate any other such claims nor will such payment establish any precedent.
f. A claim for compensation denied in accordance with paragraph “e” above, will be considered closed unless, within 60 days from the date of the denial, the Local Chairman presents a written request to the Labor Relations officer for a Joint Sub-mission.
A Joint Submission will consist of a Subject which will be the claim as submitted to the Labor Relations officer, a Joint Statement of Agreed Upon Facts, a Position of Employees and a Position of the Corporation.
If the parties are unable to agree upon a Joint Statement of Agreed Upon Facts, the Local Chairman may progress the claim as an Ex Parte Submission. An Ex Parte Submission will consist of a Subject which will be the claim as submitted to the Labor Relations officer, a Statement of Facts and a Position of the Employees.
g.1. When a Local Chairman makes a request for a Joint Submission, he will prepare a proposed Joint Statement of Facts together with the Position of the Employees and submit it to the Labor Relations officer. If the proposed Joint Statement of Facts meets with the approval of the Labor Relations officer, the Labor Relations officer will complete the Joint Submission within 60 days from the date of receipt of the proposed Joint Statement of Agreed Upon Facts, by including the Position of the Corporation. Three copies of the completed Joint Submission will be furnished to the Local Chairman. Failure to complete the Joint Submission within the time limit set forth, the specific claim will be allowed as presented, but such payment will not validate any other such claims nor will such payment establish any precedent.
2. If the proposed Joint Statement of Facts does not meet with the approval of the Labor Relations officer, the Labor Relations officer will submit a revised proposed Joint Statement of Agreed Upon Facts to the Local Chairman. If the Local Chairman agrees with the revised proposed Joint Statement of Facts, he will notify the Labor Relations officer accordingly. The Labor Relations officer will complete the Joint Submission within 60 days from the date of receipt of the approval of the Joint Statement of Agreed Upon Facts, by including the Position of the Corporation, and furnish three copies of the completed Joint Submission to the Local Chairman. Failure to complete the Joint Submission within the time limit set forth, the specific claim will be allowed as presented, but such payment will not validate any other such claims nor will such payment establish any precedent.
3. If the Local Chairman does not agree with the proposed revised Statement of Facts submitted to him by the Labor Relations officer and the claim is to he progressed as an Ex Parte Submission, the Local Chairman will so notify the Labor Relations officer in writing within 15 days from the date the Labor Relations officer forwarded the proposed revised Statement of Facts to the Local Chairman. The Local Chairman will complete and submit three copies of the Ex Parte Submission to the Labor Relations officer within 30 days from the date of his notification to the Labor Relations officer of his intent to progress an Ex Parte Submission. Failure to complete the Ex Parte Submission within the time limit set forth herein, the claim will be considered closed.
h. The General Chairman will have 60 days from the date on which the Joint Submission or Ex Parte Submission is completed in which to list the claim, in writing, with the highest appeals officer, for discussion. If the claim is not listed within 60 days from the date the submission is completed, the claim will be considered closed.
When a claim for compensation properly progressed in accordance with this Rule is not allowed following discussion between the General Chairman and the highest appeals officer, the highest appeals officer will notify the General Chairman of his decision, in writing, within 90 days from the date of such discussion. When not so notified, the claim will be allowed as presented, but such payment will not validate any other such claims nor will such payment establish any precedent.
The existing paragraphs “h”, “i” and “j” are redesignated as paragraphs “i”, “j” and “k”, respectively.
IV. Auto Train
A. The passenger engineer rules agreement dated October 26, 1982, as amended by the December 23, 1985, memorandum of understanding, will be applied to the Auto Train service.
B. Auto Train work zone A and B engine service employees will be placed on the bottom of the work zone 5 and 6 passenger engineer roster, respectively, but will retain prior rights to regular assignments in the Auto Train service in their respective work zones.
V. Locomotive Engineer Training
The Memorandum of Agreement attached as Appendix ‘A’ to this agreement shall be adopted and made a part of the Agreement.
SIGNED AT PHILADELPHIA, PENNSYLVANIA THIS 4th DAY OF NOVEMBER, 1992.
FOR THE BROTHERHOOD OF FOR THE NATIONAL RAILROAD
LOCOMOTIVE ENGINEERS PASSENGER CORPORATION
R.E. Wiggins C. B. Thomas
General Chairman Senior Director
MEMORANDUM OF AGREEMENT DATED NOVEMBER 4, 1992, BY AND BETWEEN THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND THE EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
It is in the parties best interest to maintain a training program to facilitate the training, qualifying, and promotion of engine service trainees, to be certified as locomotive engineers in accordance with the terms of the Agreement. The parties agree to cooperate so that this program will produce the highest caliber locomotive engineers in an efficient, safe, and productive learning environment.
The following provisions are applicable to this engineer training program:
4. A. Amtrak will reimburse trainees for actual, reason-able and necessary travel, lodging and meal ex-penses while engaged in orientation, classroom instruction, or on-the—job training at locations other than their assigned crew base.
1. While engaged in this program, trainees will be compensated at the hourly rate of $12.00 with a minimum of eight hours per day. During the on-the-job training phase of the program, trainees shall receive lodging or suitable allowance in lieu thereof, and meal allowances and held time as provided under the applicable rules agreement.
II. Upon successful completion of the training program, trainees will be certified as qualified engine service employees and shall be accorded a seniority date as provided in the June 7, 1990, letter of agreement. Such fully qualified employees will be entitled to exercise their engine service seniority in accordance with the applicable rules.
III. While assigned to the training program, a trainee will not be used in other service prior to completion of the program.
IV. A. The training program will consist of classroom
instruction, simulator handling and work experience as determined by Amtrak.
B. During the classroom instruction phase of the
program, trainees will be given final examinations on air brake, operating/safety rules and locomotive equipment and must achieve a minimum passing grade.
If the trainee fails one of these examinations, he will retake the examination within seven calendar days. If the trainee fails to pass a second examination, he will be terminated from the program in accordance with Article VI of this agreement.
C. Initial sessions on the simulator will be graded on a pass/fail basis. Satisfactory performance on the simulator will be required for advancement to the on—the-job training phase of the program.
V. A. Passenger engineers will be selected by the designated transportation officer in consultation with the union representative at each location, to train candidates, if applicable, on both diesel and electric locomotives, in yard, work, conventional passenger and metroliner service, and during day and night operations. Amtrak will make the final selection based on FRA guidelines and other criteria such as personal safety and operating rule record, locomotive engineer evaluations and supervisory input. Subject to paragraph (13), below, the selected passenger engineer will be required to give the trainee the necessary experience at the controls (throttle time) and will fill out any necessary evaluation reports of the trainee. For these services the passenger engineer will be paid $10.00 per day or trip in addition to all other earnings for each trip or tour of duty.
B. Passenger engineers selected to participate will be required to attend an orientation session to explain what is expected of them in the way of monitoring, evaluating and reporting the progress of a trainee. While attending orientation, passen-ger engineers will he paid in accordance with Rule 16.
C. Passenger engineers used in the on—the—job training are responsible for the operation of their train in compliance with all operating rules and the proper instruction and evaluation of trainees. However, while trainees are operating, such passenger engineer will not be held responsible for problems or delays encountered as a result of the following:
Station stops — stopping short or long of platforms;
Ride quality — rough ride resulting from trainee’s handling of equipment;
Penalty applications — delays resulting from trainee’s delay in responding to alerter, automatic train control or cab signal changes;
Train handling delays — loss of time into or out of speed restrictions and loss of time in stops and starts.
D. At the end of the on—the—job training phase of the program, the trainee will be given a final examination on the simulator which he must achieve a minimum passing grade in order to be certified as a qualified engineer.
VI. Failing to complete any phase of the training program, including on the job training, in accordance with the terms of this agreement or failure to pass a final examination on the second attempt will result in termination from the training program. If a trainee is unable to complete the training program due to sickness or authorized leave of absence, he will not be regarded as having failed. The decision as to whether the individual must start the program at the beginning or at another point in the program will be made by the designated carrier representative after consulting with the designated union representative.
NOTE: Prior to terminating a trainee in accordance with this Article VI, the System General Road Foreman, or his designee, will review the progress of the trainee.
VII. A. If the content or format of the training program changes, the General Chairman will be advised prior to such change. The General Chairman will also be supplied with the name of each trainee, with the date his training commences and the date of his certification, if he successfully completes the program.
B. In furtherance of the parties commitment to maintain a quality training program, a standing committee of six members, three from the company, and three from the union, will meet periodically to study the program and make recommendations for improvements as appropriate.
November 4, 1992
Mr. R. E. Wiggins, General Chairman
Brotherhood of Locomotive Engineers
523 Route 38, Suite 102
Cherry Hill, NJ 08002—2948
Dear Mr. Wiggins:
This confirms our understanding with respect to the negotiation of the agreement signed on November 4, 1992.
In the application of paragraph A of Article IV — Auto Train, of the November 4, 1992, agreement, it is understood that the existing Assistant Passenger Engineer rate shall remain in effect for employees with prior rights in Auto Train service.
If the above properly reflects our understanding, please sign below.
Very truly yours,
November 4, 1992
Mr. R. E. Wiggins, General Chairman
Brotherhood of Locomotive Engineers
523 Route 38, Suite 102
Cherry Hill, NJ 08002—2948
Dear Mr. Wiggins:
This refers to our negotiations of Article IV — Auto Train, of the November 4, 1992, agreement.
It was understood that as long as the Auto Train terminates at Sanford, Florida and Amtrak maintains an extra list at that location, existing Auto Train employees will not be required to exercise seniority to Jacksonville, Florida in the event they are unable to hold an assignment in engine service at Sanford.
If the above properly reflects our understanding, please sign below.
Very truly yours,
R.E. Wiggins, General Chairman BLE Date
NMB CASE NO. A-12290
This agreement, is by and between the NATIONAL RAILROAD PASSENGER CORPORATION and its employees represented by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
ARTICLE I — WAGES
SECTION 1 — LUMP SUM PAYMENT
(a) Each employee subject to this agreement who rendered compensated service on a sufficient number of days during the calendar year 1990 to qualify for an annual vacation in the calendar year 1991 will be paid $2,000 within 60 days of the date of this agreement. Those employees who rendered compensated service on an insufficient number of days during the calendar year 1990 to qualify for an annual vacation in the calendar year 1991 will be paid a proportional share of that amount. This section shall he applicable solely to those employees subject to this agreement who have an employment relationship as of the date of this agreement or who have retired or died subsequent to January 1, 1990. There shall be no duplication of lump sum payments by virtue of employment under an agreement with another organization and/or carrier.
(b) In the case of an employee who was recalled from reserve status and performed active military service during 1990 as a result of the Persian Gulf crisis, such employee will be credited with 5 days of compensated service for each week of such military service for purposes of calculating eligibility for the lump sum amount provided he would otherwise have been in active service for the carrier.
SECTION 2 — FIRST GENERAL WAGE INCREASE
Effective on the date of this agreement, all hourly rates of pay in effect on the day preceding the date of this agreement, for employees covered by this agreement, will be increased in the amount of five (5) percent.
(1) Disposition of Fractions
Rates of pay resulting from the application of this section which end in a fraction of a cent will be rounded to the nearest whole cent, fractions less than one—half cent will be dropped, and fractions of one—half cent or more will he increased to the nearest full cent.
(b) Application of Wage Increase
The increase in wages provided for in this section will be applied in accordance with the wage or working conditions agreement in effect. Special allowances not included in fixed rates and arbitraries representing duplicate time payments will not be increased.
SECTION 3 — SECOND GENERAL WAGE INCREASE
Effective October 1, 1992, all hourly rates of pay in effect on September 30, 1992, for employees covered by this agreement, will be increased in the amount of four (4) percent. The increase provided for in this section will be applied in the same manner as provided in Section 2 above.
SECTION 4 — THIRD GENERAL WAGE INCREASE
Effective January 1, 1993, all hourly rates of pay in effect on December 31, 1992, for employees covered by this agreement, will be increased in the amount of two (2) percent. The increase will be applied in the same manner as provided in Section 2 above.
SECTION 5 — FOURTH GENERAL WAGE INCREASE
Effective October 1, 1993, all hourly rates of pay in effect on September 30, 1993, for employees covered by this agreement, will be increased in the amount of three (3) percent. The increase will be applied in the same manner as provided in Section 2 above.
SECTION 6 — FIFTH GENERAL WAGE INCREASE
Effective October 1, 1994, all hourly rates of pay in effect on September 30, 1994, for employees covered by this agreement, will be increased in the amount of four (4) percent. The increase will be applied in the same manner as provided in Section 2 above.
SECTION 7 — SIXTH GENERAL WAGE INCREASE
Effective July 1, 1995, all hourly rates of pay in effect on June 30, 1995, for employees covered by this agreement, will be increased in the amount of two (2) percent. The increase will be applied in the same manner as provided in Section 2 above.
ARTICLE II — COST OF LIVING PAYMENTS
The provisions of the agreement between the National Carriers’ Conference Committee and the organization signatory hereto, concerning costing-of-living allowance for the period after January 1, 1995, are adopted.
ARTICLE - III — HEALTH & WELFARE
It is agreed that the benefit levels and other health and welfare provisions, including, but not limited to, those relating to eligibility, delivery of medical services, cost—sharing, and cost containment, in the 1988 round of negotiations between the National Carriers’ Conference Committee and the signatory organization will be applicable to this agreement except as provided below.
It is further understood that, notwithstanding those provisions, Amtrak reserves its right consistent with the Award of Special Board of Adjustment No. 1029 and consistent with the jointness principles, Attachment “A”, that Amtrak may, with 90 days’ notice to the union, pull out of GA—23000 and/or GA—46000, and select a substitute insurer or self—insured system, provider, that the benefit levels thereunder are not changed from those agreed to in those national negotiations (unless changed by future collective bargaining between Amtrak and the BLE). Amtrak need not wait for final). completion of the joint: administrative and trust details before making the conversion.
It is further agreed that Amtrak employees will contribute an amount towards health care costs equal to the amount paid by employees under the national settlement. However, should Amtrak change insurance carrier from that of the national agreement, the amount of employee contribution for the cost of health care will be proportionately reduced based on any comparative reduction of premiums achieved by Amtrak due to such a change. It is understood that there will be no increase in employee contributions beyond the amount provided under the national settlement, in the event that Amtrak changes insurance carriers.
ARTICLE IV — AUTO TRAIN
A. Sixty (60) days after the date of this agreement, the Auto Train extra board at Lorton, Virginia will be discontinued and Auto Train vacancies originating out of Lorton will be protected by the work zone 5 engine service extra board located in Washington, D. C. Amtrak will allocate a percentage of extra board positions to Auto Train employees and will guarantee that no existing Auto Train or work zone 5 employee will be furloughed as a direct result
of this combination of extra boards. An employee called off the work zone 5 extra board will be paid at the rate of the position worked and under the terms of the agreement covering the service.
B. Employees in the Auto Train service on the effective date of this agreement who exercise seniority to the work zone 5 extra board located in Washington, D.C. at the time it is combined, or for a one year period thereafter, will be given a reasonable time to qualify over the new territory and will be compensated for such in accordance with Rule 16. In addition, work zone 5 extra board employees will be given appropriate training on the handling of the Auto Train equipment.
ARTICLE V — ENGINE SERVICE SENIORITY
1. The title of passenger fireman will be redesignated as
assistant passenger engineer. The off—corridor rate for the newly designated assistant passenger engineer position will be increased by $2.28 per hour in the following phases:
Effective date of agreement —— $1.00 per hour
7/1/93 —— $0.50 per hour
7/1/94 —— $0.70 per hour
NOTE: The first increase provided for in this paragraph will be applied prior to applying the general wage increase set forth in Article I, Section 2 of this agreement.
B. Amtrak will have the right to eliminate the two remaining blankable fireman’s positions, provided, however, that the former firemen who could have occupied such blankable positions shall have the limited right to fill these positions if they cannot occupy any engineer or assistant engineer position in their respective work zones.
C. Newly designated assistant passenger engineers hired on or before May 29, 1992 will be placed on the Amtrak passenger engineer national seniority roster with a seniority date of May 29, 1992. All newly designated assistant passenger engineers will retain, for purposes of exercising seniority, the same relationship to each other as they had prior to the date of this agreement. All engine service employees, including individuals in engine service application pools, hired after May 29, 1992, will be placed on the Amtrak passenger engineer national seniority roster in accordance with Rule 3.
D. Employees who were formerly passenger firemen will have prior rights to assistant passenger engineer assignments in the crew base to which they were assigned as of the date of this agreement.
E. Amtrak will have the right to establish extra boards which protect both passenger engineer and assistant passenger engineer vacancies. Employees on the extra board shall be paid at the rate applicable to the position occupied. Employees assigned to such extra boards will be guaranteed the money equivalent of 40 straight—time hours at the assistant passenger engineer rate of pay subject to the conditions of Rule 9(a) of the passenger engineer rules agreement.
NOTE: Employees on the passenger engineer roster as of May 20, 1992, who are assigned to a common engine service extra board pursuant to this Article V will be guaranteed the money equivalent of 40 straight—time hours at the passenger engineer rate of pay subject to the conditions of Rule 9(a) of the passenger engineers rules agreement.
F. The provisions of Letter No. 8 of the October 26, 1982 agreement will not apply to the pay differential between the passenger engineer and the assistant passenger engineer.
ARTICLE VI — GUARANTEED EXTRA BOARDS
Add the following to Rule 9(a):
An employee assigned to an extra board who marks off because of a verified illness for one day out of the entire workweek will have his or her guarantee reduced by loss of pay for that day and one additional day.
ARTICLE VII — HOURS OF SERVICE
Add the following Rule 39 to the agreement:
An employee who is unable to work his or her regular assignment as a result of the off—duty time requirements of the hours of Service Act will be allowed the earnings of the missed assignment for the calendar day, with a maximum of eight (8) hours pay.
ARTICLE VIII — REDUCED YARD SERVICE RATE
Passenger engineers hired after the date of this agreement shall be paid at 90% of the applicable hourly rate of pay for any yard assignment they work during their first two years of service.
ARTICLE IX — EXPENSES AWAY PROM HOME
Effective with the date of this agreement, the meal allowance provided for in Rule 15 is increased from $4.15 to $5.00. Effective November 1, 1994, such meal allowance will be increased to $6.00.
ARTICLE X — EFFECT OF THIS AGREEMENT
(a) This Agreement is in settlement of the notice served by the organization on or about June 30, 1988, covering wages and rules, and health and welfare and the notices served on or about March 9, 1989, by Amtrak for concurrent handling therewith and will remain in effect through December 31, 1994, and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.
(b) No party to this Agreement will serve or progress, prior to November 1, 1994 (not to be effective before January 1, 1995), any notice or proposal which relates to the subject matters of the provisions of this Agreement or which proposes matters covered by the proposals of the parties cited in paragraph (a) above and any proposals in pending notices relating to such subject matters are hereby withdrawn.
(c) The parties served Section 6 notices and exchanged various proposals and drafts prior to adoption of the language that appears in this agreement. It is the mutual understanding of the parties that none of those Section 6 notices, subsequent proposals and drafts will be used by any party for any purpose and that the agreement will be interpreted and applied as though such notices, proposals and drafts had not been used or exchanged in the negotiations.
(d) This Article will not bar the parties from agreeing upon any subject of mutual interest.
The parties agree to develop a plan for labor and management to jointly operate and administer a health and welfare benefits plan. The parties will discuss arrangements to effectuate this, including establishing a trust, that would have adequate safeguards and guidelines for efficient and professional administration of the plan, including the use of an appointed neutral to act within a defined jurisdiction to resolve difference between the parties.
In order to assure competitiveness and from an administrative and economical perspective, the plan would necessarily be bid periodically, every three years, for example, unless the parties agreed that the plan would not be bid a particular year.
Selection of an insurance carrier would be on the basis of the host bid from a qualifying insurance carrier with appropriate regard to the performance record in handling the Amtrak plan or similar plan(s). However, if the insurance carrier would be changed within the next two years, Metropolitan would be selected based on their current bid.
Specifically Amtrak retains its right to self insure if such would be more economically beneficial and assure the same quality level of administration.
Amtrak will make every effort to design a proposed joint committee plan and share it with the union promptly. The BLE is also committed to reaching an agreement as soon as possible regarding the design and implementation of this joint administrative plan, including the selection of a neutral chairman for the committee.
Both parties understand that a health insurance plan and any agreement with respect to the administration of that plan will permit Amtrak employees of other crafts to be covered, as well as allow their representatives to participate in the work of the committee. However, “benefit levels and other health and welfare provisions” cannot be changed except with Joint approval of the BLE and Amtrak.
AGREED UPON QUESTIONS AND ANSWERS TO THE SETTLEMENT IMPOSED UPON THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS PURSUANT TO PUBLIC LAW 102—306.
Artic1e IV - AUTO TRAIN
Q1: What is the percentage of extra board positions that Amtrak will allocate to Auto Train employees on the Work Zone 5 engine service extra board at Washington, D.C.?
A1: Based on the 16 regular passenger engineer and 6 regular assistant passenger engineer positions at the Washington Crow Base in Zone 5; and the 4 regular passenger engineer and 3 regular assistant passenger engineer positions at Lorton in Auto Train service, 25% of the positions on the combined Washington engineer extra board shall be allocated to Auto Train employees under this Article.
Artic1e V - ENGINE SERVICE SENIORITY
Q1: Paragraph “C” of this Article provides that all newly designated assistant passenger engineers will retain, for purposes of exercising seniority, the same relationship to each other as they had prior to the date of this agreement. How will such relationship be maintained?
A1: Employees who have not already established seniority as a passenger engineer shall be placed on the passenger engineers national roster in the same relative order as they appear on the existing passenger fireman national roster.
Q2: What is meant by “prior rights to assistant passenger engineer assignments in the crew base” in the application of paragraph “D” of this Article?
A2: Assistant passenger engineers working as passenger engineers retain the right to voluntarily exercise seniority to assistant passenger engineer assignments within the crew base where working, consistent with rules governing the exercise of seniority.
Q3: How shall assistant passenger engineers be ranked for the purposes of exercising prior right seniority under this paragraph?
A3: Assistant passenger engineers shall be ranked in the same relative order as they appeared on the prior right passenger fireman work zone rosters. Assistant passenger engineers who do not possess prior rights in the work zone where employed on the date of this agreement, or at which last assigned as a passenger fireman, will rank behind employees with such rights in the work zone based on their standing on the national roster, in addition to retaining any existing prior rights in another work zone.
Q4: Does paragraph “C” intend that prior right assistant passenger engineer (passenger firemen) rosters be maintained?
A4: Only to the extent that such rosters will be used for the exercise of prior right seniority as defined above.
Q5: In the application of this Article, can a passenger engineer be furloughed while a “junior” employee occupies an assistant passenger engineer position?
A5: If the “junior” employee has prior rights as an assistant passenger engineer, a passenger engineer who does not possess prior rights to assistant passenger engineer positions under this paragraph may properly be furloughed.
Q6: Do passenger engineers have rights to assistant passenger engineer assignments?
A6: A passenger engineer without prior rights to assistant passenger engineer assignments may only exercise seniority to an assistant passenger engineer position not occupied by an employee with prior rights to such assignment.
Q7: Can the junior assistant passenger engineer in a crew base who is unable to hold an assistant passenger engineer assignment, yet can hold a passenger engineer assignment in the same crew base, take a home terminal furlough?
A7: No; the assistant passenger engineer must either exercise his or her passenger engineer seniority within the crew base, or exercise his or her seniority to another crew base.
ARTICLE VI - GUARANTEED EXTRA BOARDS
Q1: What constitutes a verified illness?
A1: Any illness for which an employee provides evidence of medical care or other verification from a licensed physician or chiropractor. Examples of such care include a statement from the provider or a receipt for payment of medical services.
Q2: When must the evidence of medical care be provided?
A2: The evidence should he provided to the employee’s immediate supervisor on his or her first work day following the illness.
Q3: If an employee does not verify his or her illness, how shall the guarantee be affected?
A3: The employee’s guarantee will he broken for that work week.
Q4: How will the phrase “Loss of pay for that day and one
additional day” be applied in computing extra board guarantee entitlement?
A4: An employee’s weekly extra board guarantee will be reduced by the earnings of the assignment that the employee otherwise would have worked had he or she not marked off for the verified illness, or by eight hours at the applicable straight time rate of pay, whichever is greater. For the additional day, the loss of pay shall be eight hours at the applicable straight time rate of pay.
Q5: An employee is off due to a verified illness for more than one day in the work week, how shall his guarantee be affected?
A5: The employee’s guarantee will be broken for that work week.
Article VIII - REDUCED YARD SERVICE RATE
Ql: What is meant by “90% of the applicable hourly rate of pay” in the application of this article?
Al: Work performed in yard service shall be paid at 90% of the passenger engineer’s then applicable rate under the rate progression provisions of the agreement.
Q2: How is the first two years of service defined? Do employees receive credit for prior Amtrak service or engine service with other rail corporations toward the two year period?
A2: The two years of service is the first twenty—four months after an employee enters engine service with Amtrak. There is no credit for prior service under this agreement.