AGREEMENT
BETWEEN
THE MISSOURI AND NORTHERN ARKANSAS
RAILROAD
AND
THE BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
PREAMBLE
1. Missouri and Northern Arkansas Railroad (M&NA or carrier) recognizes the Brotherhood of Locomotive Engineers (BLE or union), the designated representatives of which are signatory hereto, as the bargaining representative of Transportation Specialists (engineers, conductors, trainees) employed by the M&NA.
2. The masculine gender wherever used herein shall be construed to include both masculine and feminine, and the singular shall be construed to include both the singular and plural unless the context clearly indicates otherwise.
3. As used in this Agreement, emergency means an event that disrupts the normal flow of business on the M&NA, such as, but not limited to: Acts of God, train accidents, lack of locomotives, and lack of qualified personnel to operate trains.
ARTICLE 1
Scope
1. Transportation Specialists shall perform any and all services under the direct control of the M&NA required for the make up of trains or the movement of cars and trains over and through M&NA's trackage. The operation of trains, locomotives, and any other motive power used for the make up or movement of cars and trains will be considered the primary work of the Transportation Specialists. It is further recognized that Transportation Specialists may from time to time be required to perform duties outside their primary duties such as, but not limited to, fueling locomotives, changing brake shoes, and conducting repairs to locomotives and cars. In the event any work is necessary for the operation of the railroad, or in the event of emergency, the carrier may assign such employees of the carrier as it deems necessary to perform such work, without regard to whether such work falls within this Scope clause. Nothing in this Agreement shall be interpreted as prohibiting other employees of the carrier from performing work covered by this Scope clause on a non-regular basis or on the same basis as they have performed such work in the past.
2. Employees covered by this Agreement shall be governed by all carrier rules, policies, practices, and procedures previously or hereafter issued or modified by the M&NA, which are not in conflict with the terms and conditions of this Agreement and which have been or are made available to the affected employees. Prior to changing any rule, policy, practice, or procedure, carrier representatives will meet with the local chairman to explain the change. Revisions will be numbered and posted on carrier bulletin boards. A book containing all current written rules, policies, practices and procedures in effect will be maintained in the dispatcher’s office and available to employees upon request.
ARTICLE 2
Rates of Pay
1. Rates of pay for employees covered by this agreement shall be as follows:
First pay period Number of months to next increase
(measured from date
Following
initial raise takes effect)
ratification
12 24 36 48 60
Transpec I (Engineer)
|
|
Road Freight A |
$15.28 |
$15.59 |
$15.90 |
$16.22 |
$16.54 |
$16.87 |
|
|
Road Freight B |
$12.80 |
$13.06 |
$13.32 |
$13.59 |
$13.86 |
$14.14 |
|
|
|
|
|
|
|
|
|
|
Transpec II (Conductor) |
$11.21 |
$11.43 |
$11.66 |
$11.89 |
$12.13 |
$ 12.38 | |
Trainee $ 9.55 $9.55 $9.55 $9.55 $9.55 $9.55
2. In any payroll period where a carrier error results in an underpayment of $50 or more, the carrier will issue a check for the underpayment within seventy-two hours. For errors under $50 or where the employee is at fault, the error will be corrected in the subsequent payroll period.
3. The carrier shall have discretion in determining when to schedule engineer training classes. Once an employee begins training, the employee must complete the training within two hundred and fifty calendar days. Employees who require familiarization will take such trips at the carrier’s request. Engineer training or a familiarization trip for any position will be offered to employees in seniority order. Employees may decline to take promotion when offered. Employees who decline promotion three (3) times will not again be offered promotion. Employees also may request a familiarization trip in which case the carrier shall promptly schedule such trip. It is the intent of the parties that all employees will qualify for the highest classification under this agreement.
4. For any work performed under this agreement, Transpecs will receive the highest rate of pay for which they are qualified. The forty-hour weekly guarantee will continue to apply but will be offset by paid hours not worked, such as vacation, sick, holiday, call and release time, bereavement, minimum calls, and jury duty. Transpecs will receive one and one-half times their straight-time hourly rate for all hours worked in excess of forty in a week.
5. Within thirty days (30) of the ratification of this Agreement, the carrier will pay to employees a lump sum. The lump sum for each employee shall be equivalent to the amount of profit sharing that such employee would have received had profit sharing not been suspended. Employees covered by this agreement will not participate in profit sharing.
6. The carrier reserves the right to determine whether employees are qualified Footboard Yardmasters and designate Footboard Yardmaster positions on certain jobs. In addition to performing regular Transpec duties, the individual so designated shall perform Footboard Yardmaster duties as defined by the carrier. Footboard Yardmasters shall receive a premium of 25 cents per hour above the applicable rate listed in Section 1 of this Article. Footboard Yardmaster positions will be awarded to qualified employees in seniority order.
ARTICLE 3
Seniority
1. The entire system of M&NA shall constitute a single seniority district. Employees shall establish company seniority on the first day they perform compensated service in the transportation department for M&NA. In the event more than one individual established Company seniority on the same date, they will be ranked on the appropriate roster by drawing lots. Employees will be awarded positions based on seniority and having successfully completed the training and examination requirements necessary for the position to be filled.
2. The carrier shall maintain the “Official" seniority roster for Transportation Specialists. The Carrier shall post the roster on bulletin boards in home terminal locations on or about January 1 of each year. The employee or his duly authorized Union representative must present appeal of an individual’s position or seniority date, in writing, within sixty (60) calendar days from the date posted. Once handled, an appeal will not be again presented in subsequent years unless the date or ranking has changed from the previous year. Once the appeal period has expired, and the General Chairman has handled all appeals to conclusion, and appropriate corrections made, the roster will be certified as correct and shall be the roster to be used for appeals and certification of future rosters.
3. Seniority will control in determining vacation requests, furloughs, recalls, and assignments. An employee requesting a vacation will designate which period, whether for his total allowable vacation or a part thereof, he desires to have considered first in accordance with the above. After all employees in the craft have been assigned one vacation period in accordance with the above, the next portion of vacations will be assigned. This process will continue until all available vacation has been assigned.
ARTICLE 4
Assignments
1. Permanent vacancies shall be advertised by bulletin for seven (7) calendar days on carrier bulletin boards as provided herein. Bulletins advertising new assignment and permanent vacancies shall be posted at all locations where employees go on or off duty and shall include the following information:
Assignment or job number
On duty point for start of assignment
Starting time
Days off
Days of assignment
Closing time of bulletin
Officer and location where bids are to be received
Date assignment to take effect
Description of assignment
2. All permanent assignments will be rebid and go into effect at 0001 CST on the first Sunday of March, July, and November.
3. Employees may bid any job for which they are qualified. Jobs will be awarded to the senior qualified employee submitting a preference for the assignment. When no bids are filed for a permanent vacancy, such vacancy shall be filled by the junior qualified employee.
4. Permanent vacancies shall be defined as any newly established assignment, or any job that becomes vacant due to retirement, death, dismissal, re‑assignment, injury, or an employee assuming another permanent vacancy, or other vacancies in excess of thirty (30) days. Temporary vacancies are those created by a regularly assigned employee being absent for less than thirty (30) days. Temporary vacancies will be filled, in the first instance, from the extra board headquartered at the location. Known vacancies of five days or more, but less than 30 days, will be filled, on a one time basis, by the senior extra board employee at the location requesting the assignment.
5. Employees who do not have access to bulletins due to vacation, lay off, sickness, or authorized leave shall be allowed to submit a timely bid upon return from leave for any position bulletined during the period of their absence. Such selection and bid must be made before performing any service. Employees shall be considered as having access to a bulletin if the Employee went on duty or off duty at a location where bulletins are posted during the bulletin period.
ARTICLE 5
Extra Boards/Supplemental Boards
1. The carrier will establish such Extra Boards as it deems necessary and may establish Supplemental Boards at each extra board location. Employees will be called from such boards on a first-in, first-out basis. Employees on a Supplemental Board will be called only in circumstances where the Extra Board is exhausted.
2. Employees will mark-up on the supplemental board based on their tie up time from the last shift of the workweek (first tied up, first on board). In the event two or more individuals desiring to place on the supplemental board tie up at the same time, they will be placed on the board among themselves in order of relative seniority.
3. Employees placed on the supplemental board will not be considered available for call from the supplemental board within sixteen (16) hours of the regularly scheduled start time of their regular assignment when other employees are available to be called from the board. It is intended that employees will not be called from the supplemental board if doing so would cause the employees to lack legal rest or be unavailable for his/her regular shift.
4. Extra Board employees that do not have assigned days off will receive Regular Day Off (RDO) based on the following formula: 1 day for every 6 days marked up and available for duty, and shall be permitted to accumulate 2 days to be taken consecutively after 12 days of marked up service. No more than 2 days shall be permitted to be carried without reduction of guarantee pay, however subject to availability an Extra Board employee may purchase additional RDO time at the rate of 8 hours of guarantee pay for each extra RDO. Employees must receive supervisory approval before taking RDOs.
5. When employees’ tie up and mark up time are the same, mark up time will take precedence. When employees’ mark up time is the same, the employee who has been off the longest will be placed ahead. When time off is equal, they resume the same positions as before they marked off.
ARTICLE 6
Annulment/Abolishment of Assignments/Start Time Change
1. The carrier has the option to temporarily annul, or change the start time of, an assignment without advertisement. In such case, the carrier may require the Transportation Specialist to report to another job provided the start time is no later than four hours after the start time of the annulled assignment. In the event the annulment or change is caused by business conditions, track problems, derailment or engine availability/problems of which the carrier had sufficient advance notice, the carrier will provide affected Transportation Specialists with at least two (2) hours notice. In all cases, the carrier will make reasonable efforts to notify employees of any temporary annulments or changed start times.
2. The carrier may abolish an assignment or change its day(s) off. Affected Transportation Specialists who bid a job that will have a start or regular day off within the next twenty-four (24) hours will not have their weekly guarantee reduced. Employees who bid to Extra/Pool Board jobs within twelve (12) hours of notification will not have their weekly guarantee reduced.
3. If the starting time of an assignment is changed or it is anticipated by the Carrier that it will be changed by more than three (3) hours for a period of more than six (6) days the Employees then assigned to the position will be given the option of either bidding a different position or remaining on the position.
4. Employees who do not receive sufficient advance notice that a job has been abolished or annulled and, as a result report to work, will receive either two hours pay if they are sent home or four hours pay or actual hours worked if they perform any work for the carrier.
ARTICLE 7
Travel/Transportation/Meal Period
1. When Transportation Specialists are required to use a personal vehicle to travel to assignments on the M&NA outside of their home terminal, they will receive a mileage allowance for the miles traveled to such assignment that exceeds their regular commute to their home terminal. The mileage allowance will be equal to the IRS rate then in effect. The intent of this section is to reimburse the person for expenses incurred in the use of such vehicle.
2. Time spent in transportation on behalf of the carrier will be paid for as continuous time from the employee’s home terminal. Travel times recognized for purposes of this section are as follows:*
|
To |
Kansas
City |
Harrisonville |
Nevada |
Carthage |
Joplin |
Springfield |
Branson |
Cotter |
Batesville |
|
From |
|
|
|
|
|
|
|
|
|
|
Kansas
City |
0 |
45" |
1'
30" |
2'
30" |
3' |
3’30” |
4'
30" |
6'
30" |
8'30” |
|
Harrisonville |
45" |
0 |
45" |
1'
45" |
2'
15" |
2’45” |
3'
45" |
5'
45" |
7'
45" |
Nevada |
1'
30" |
45" |
0 |
1' |
1'
30" |
2’ |
3' |
5'
|
7' |
|
Carthage |
2'
30" |
1'
45" |
1' |
0 |
30" |
1’ |
2' |
4'
|
6' |
|
Joplin |
3' |
2'
15" |
1'
30" |
30" |
0 |
1’30” |
2'
30" |
4'30” |
6'30” |
|
Springfield |
3’30” |
2’45” |
2’ |
1’ |
1’30” |
0 |
1’ |
3’ |
5’ |
|
Branson |
4'
30" |
3'
45" |
3' |
2' |
2'
30" |
1’ |
0 |
2' |
4' |
|
Cotter |
6'
30" |
5'
45" |
5’ |
4’ |
4'30” |
3’ |
2' |
0 |
2' |
|
Batesville |
8'30” |
7'
45" |
7' |
6' |
6'30” |
5’ |
4' |
2' |
0 |
*As used in this table, ‘ denotes hours and “ denotes minutes.
3. Transportation Specialists who are tied up away from their home terminal and required to layover will be returned to duty no later than sixteen (16) hours from their tie up time. If they are not so returned to duty, they will receive the straight time hourly rate after sixteen hours until they are returned to work, up to a maximum of eight hours.
4. When taking lodging for rest periods, the employee will be allowed a per diem at the following rates: (1) for lodging periods of twelve (12) hours or less, $10; (2) for each succeeding twelve (12) hour period, or part thereof, an additional $10.
5. Employees may be required to drive their personal vehicle to terminals listed in the chart in this Article. In cases of emergency, the employees may be required to drive their personal vehicle to other locations.
ARTICLE 8
Benefits
1.
Employees’ vacation,
sick days, holidays, bereavement leave, jury duty, and unpaid personal days will
be no less than those provided under the carrier’s existing policies in effect
as of the date of the Agreement.
Management may institute a revised vacation policy that provides
employees with full vacation credit on January 1 of each year and requires
employees to use vacation in the calendar year in which it is earned, and
pursuant to which employees who are terminated or resign forfeit any accrued
vacation.
2.
For all hours worked
on a holiday, employees will receive one and one-half times their straight time
hourly rate. For purposes of this
paragraph, hours worked in a shift that starts on a holiday will be considered
holiday work.
3.
The M&NA will
continue to provide health, dental and vision insurance benefits that are now in
effect, or on the same terms as they are provided to all other employees of the
carrier. A booklet outlining the
coverage available can be obtained from the General Manager's office. Transpecs must meet the qualifying
criteria as described in the plan before they can become eligible to receive
benefits.
ARTICLE
9
Bulletin
Boards
The Carrier shall provide space for the organization to hang a bulletin board, at all home terminals to post notice of union business, provided that such notice(s) shall not include any defamatory or anti-Carrier material. The carrier shall not post any anti-union material on carrier bulletin boards.
ARTICLE 10
Hearings and Discipline
1. Subject to the following, an employee in service more than ninety (90) days will not be disciplined without a fair and impartial hearing. The employee will be notified of the charge against him within ten (10) days of the occurrence on which discipline is to be based, or within ten (10) days of when the carrier knows of the incident. Within seven (7) days of notification, a designated carrier representative will conduct the hearing with the employee and a duly accredited representative, if desired, in attendance. The charged employee will be permitted to attend the investigation, hear all the evidence submitted, interrogate witnesses, and be represented by his choice of a duly-authorized representative of the BLE, or an employee of the M&NA in a Transportation Specialist craft. An employee required by the M&NA to attend a hearing as a witness during regularly assigned hours, or at such time as will interfere with the ability to work his assigned hours, will be made whole for time lost. An employee required by the M&NA to attend a hearing as a witness commencing outside his assigned hours will be paid at his regular straight time rate. If discipline is assessed after an investigation, at the Union’s request, the carrier will provide either a tape of the proceedings or a written transcript. The Union also may make its own tape of the proceedings.
2. In cases management determines to be serious (such as, but not limited to, theft, altercation, serious violation of the Development and Accountability policy, insubordination, dishonesty, negligence, threats to M&NA personnel or customers, damaging or defacing M&NA property or property entrusted to the custody of the M&NA, or use or possession of alcoholic beverages, intoxicants, drugs, narcotics, or major accidents) or when required by application of federal regulation governing the conduct of railroad operations, an employe