MEMORANDUM OF
AGREEMENT
between
and the
BROTHERHOOD
OF LOCOMOTIVE ENGINEERS
Subject:
Locomotive Engineer Trainers.
It
is agreed:
Article
I - Selection of Engineer Trainers
Section
1.
Upon
the effective date of this agreement, the BLE will provide the Carrier with a
list of local BLE officials to contact in connection with the selection of
engineer trainers. These local BLE
officials will provide the designated Carrier officers with a list or
engineers, who are willing to act as engineer trainers, working at each
location where the Carrier intends to train trainees. After consulting with the designated BLE
officer, the Carrier will select engineer trainers at a given location from the
list provided by the BLE or from other engineer volunteers working at the
location. The local BLE officials will update this list from time to time, as
necessary.
Section
2.
If
there are not sufficient engineers on the list provided by the BLE, together
with other volunteers, to meet the Carrier's need for trainers at a given
location, the Carrier may designate additional engineers as trainers. Before
the Carrier makes such additional designations, a local Carrier officer will
meet with the designated local BLE officer to discuss the selection and
designation of additional engineer trainers.
Article
II - Trainer Supplemental Pay
An
engineer trainer working with a trainee, or, at the direction of the Carrier,
with another engineer for purposes of maintaining the other engineer's qualifications,
will be paid for the trip at daily and mileage rates that are 1.1 times the
regular basic daily rates and mileage rates. This premium rate will not apply
to duplicate time payments, including arbitraries and special allowances that
are expressed in time or miles or fixed amounts of money.
(EXAMPLE:
An engineer working with a trainee who makes a through freight trip of less
than the miles in a basic day, will be paid for the basic day received for the
trip at 1.1 times the applicable daily rate. In other words, he will be paid a
10% premium over and above the regular pay for the basic day.)
Article
III - Specialized Training and Duties
The
Carrier may require specialized training for engineers selected as engineer
trainers, with pay for such specialized training to be in accordance with the
training agreement dated 11/1/91 (OPS 3-91).
However this specialized training will not be covered by the limitation
in the training agreement on training sessions per year.
Article
IV - Engineer Trainer's Responsibilities
Section1.
The
engineer is expected to permit the trainee to operate the engine and perform
other functions of an engineer while under his direction, to the degree and in
the areas where he feels the trainee has reached the level of competency to do
so.
Section
2.
The
engineer trainer will be expected to comply with the operating rules, safety
rules and mechanical book of instructions and to require that the trainee does
likewise. The engineer trainer will not be held responsible for such things as
broken knuckles, damaged drawbars or rough handling when the engine is operated
by a trainee.
Section
3.
If
the trainee is actually operating the engine, the engineer must call attention
to any oversight or error on the part of the trainee and, in cases where the
situation warrants, take immediate and positive action to see that the engine
and train handling is properly performed in accordance with the rules and safe
handling procedures. Particular attention must be given to observance of such items
as speed restrictions, signal aspects and other conditions which would require
immediate action to avoid serious consequences. Further, at points where it is
known that the speed of the train must be reduced, such as but not limited to,
meeting points, an observance of a signal indicating reduced speed, slow
orders, etc., the engineer trainer must place himself in close proximity to the
trainee in order that the trainer may take immediate action to correct any
oversight on the part of the trainee to properly control the train.
Section
4.
If
an incident occurs while the trainee is operating the engine, the engineer
trainer will not be held out of service or have his engineer certification
suspended pending investigation (either a disciplinary investigation held under
the terms of the collective bargaining agreement or a hearing under the FRA
regulations governing the certification of engineers) of the alleged violation
of the rules, except in serious cases where fault seems apparent. By way of
illustration but not limitation, "serious cases" is intended to mean
such matters as gross insubordination, use of intoxicants, or where continuance
in service would constitute, in Carrier's opinion, a hazard to the public, the
Carrier, its employees or equipment. If
the incident occurring while the trainee is operating the engine results in a
formal investigation, the degree of responsibility of the engineer trainer will
be carefully weighed in light of the performance and compliance with the above
criteria as developed in the record of the investigation.
(Note:
The parties understand that the FRA regulations concerning the qualification
and certification of locomotive engineers govern the initial certification of
engineers and the subsequent suspension or revocation of the certification, and
that in the case of any conflict between this agreement and the regulations
which may arise, the requirements of the regulations govern.)
Section
5.
Engineer
trainers will be required to complete progress, performance and evaluation
reports on trainees assigned to them, as may be directed. Incompetence, lack of judgment, or other
detrimental traits or attitudes on the part of the trainee will be reported.
Article
V- Relief from Working with Trainees
Trainers
may, after working with trainees for six (6) consecutive calendar months,
request relief from training for a period of up to sixty (60) consecutive
calendar days.
If
there are sufficient experienced trainers (trainers previously selected and
used to train trainees) available at a location to meet the Carrier’s needs,
trainers may request and be granted relief from training beyond the sixty (60)
consecutive calendar days provided in this Article.
Article
VI - Effect of this Agreement
This
Agreement supersedes all previous agreements, practices or understandings
regarding locomotive engineer trainers and working with trainees.
Article
VII - Effective Date
The
effective date of this Agreement is November 15, 1992.
This
Agreement signed at
(Signatures
not reproduced)