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 employee may be withheld from service.  It is understood that an employee held out of service under this Article who, as a result of the investigation, is found to have not committed the offense(s) charged will be reinstated immediately and paid for time lost, or where the charged employee has no time lost, he will be compensated for time during which the carrier required him to be at the hearing.

 

3.                  Employees will be notified in writing of the disciplinary action assessed within thirty (30) days after the completion of the investigation, or the discipline will be considered void.  Appeals will be handled as stipulated in Article 11.

 

4.                  The employee may waive an investigation and accept discipline which may be assessed, provided that such waiver is agreed to by the carrier’s officer, and provided further that discipline in excess of thirty (30) days suspension will not be issued pursuant to such waiver without the agreement of the BLE local chairman.

 

ARTICLE 11

Grievance and Arbitration Process

 

1.                  Should any differences arise between the carrier and the union pertaining to the meaning, interpretation or application of this Agreement, including whether an employee’s discipline or discharge was proper, the union may request, in writing, a conference to discuss the matter.

 

2.                  The party requesting the conference will present to the other party a signed statement of the claim containing the provision(s) of this Agreement or applicable rule(s) alleged to have been violated and a complete statement of the grievance, giving facts, dates, and times of events, in the form attached as Appendix I to this Agreement.  The signed statement must be presented to a designee of the Carrier within fifteen (15) days of the act or omission complained of.

 

3.                  Within thirty (30) days of receipt of the signed statement, the General Manager, or his designee, and the Local Chairman will meet to discuss the grievance.  During such meeting, the Union may amend its claim, and if it does so, an amended form initialed by the parties shall be prepared.  Only those provisions or rules specifically set forth in the amended form shall be considered in arbitration, and any claims based on provisions or rules not expressly referenced in the written grievance shall be deemed waived.

 

4.                  If the parties are unable to satisfactorily adjust the dispute in this meeting, the union may submit it for resolution to an adjustment board that has been agreed to by the parties pursuant to Section 3, Second of the Railway Labor Act, 45 U.S.C. § 153, Second within thirty (30) days from the date of the meeting.

 

5.                  Employees covered by this Agreement are not eligible to participate in or seek review from a Grievance Peer Panel.

 

ARTICLE 12

Local Chairmen

 

1.                  Upon reasonable advance notice, Local Chairmen may request to mark-off for union business, and the Carrier will not unreasonably withhold approval.  Local Chairmen who mark-off for union business will have their weekly guarantee reduced by eight (8) hours for each calendar day while marked off.  For example, the employee marks off for two (2) days during the week.  Such Employee’s weekly guarantee will be reduced by sixteen (16) hours, provided that the employee marks up and is available for work at the earliest reasonable opportunity that includes not less than eight (8) hours for rest in addition to necessary travel time.

 

2.                  The right to make and interpret agreements on behalf of the union is vested in the General Chairman or the regularly constituted Committee of Adjustment of the BLE.  Local Agreements between the Carrier and the Local Chairman will not have any precedential effect unless they have been approved by the General Chairman.

 

ARTICLE 13

Management Rights

 

The management of the business, the operation of the railroad, the right to place into effect any and all changes necessary to effect an efficient operation for the business are vested in the company, so long as the same are not in conflict with the provisions of the Agreement.

 

ARTICLE 14

Representation

 

1.                  The carrier respects the right of individual employees to become union members in good standing.  It shall be a condition of the continued employment of all employees covered by this Agreement that each employee shall, on or before the first day of each calendar month, beginning thirty days following the effective date of this Agreement, become a member of or pay to the Union as a fee for such services rendered and to be rendered by the Union in acting as such employee's representative for purposes of collective bargaining, an amount chargeable as an agency fee.  Employees hired after the effective date of this agreement, shall as a condition of employment pay or tender to the Union such amounts for the period on or after the 90th day after such entrance.

 

2.                  The Carrier will deduct from wages due employees represented by the Union amounts for periodic dues, initiation fees, and assessments (but not fines and penalties), for each employee from which the Carrier has received a written and unrevoked authorization in the form attached hereto as Appendix III, or other such form as agreed upon by the parties.  Deductions shall be made by the carrier in accordance with certified deduction lists furnished by the treasurer of the union.  The carrier will make deductions monthly from the second pay period in each calendar month, and the carrier will remit to the treasurer the total amount of such deductions on or before the 20th day of the following month.  In the event an employee’s earnings are insufficient to permit the full amount of deduction, no deduction shall be made for such period and the responsibility for collection will rest entirely with the union.

 

3.                  The following payroll deductions shall have priority over deductions covered by this Article: Federal, State, and Municipal taxes, amounts due the carrier, and deductions required by law.

 

4.                  Upon written notification from the Union that an employee has union dues or agency fees that are sixty (60) days past due, and upon request from the Union that the employee be terminated, the Carrier shall terminate the employee.

 

5.                  The Union shall indemnify, defend, and save the carrier harmless against all claims, suits, or liability arising out of the application of this Article.

 

ARTICLE 15

Moratorium and Term of Agreement

 

1.                  This agreement will remain in effect through March 30, 2005, and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

 

2.                  No party to this Agreement will serve any notice or proposal under the terms of the Railway Labor Act for the purpose of changing the provision of this Agreement prior to October 1, 2004, to be effective no earlier than April 1, 2005.

 

3.                  All proposals in pending notices served by the union and the carrier are hereby withdrawn.

 

4.                  This Article will not bar the parties from agreeing upon any subject of mutual interest.

 

 

            IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of this ___ day of ____, 2000.

 

FOR THE EMPLOYER:                           FOR THE UNION:

 

MISSOURI AND NORTHERN               BROTHERHOOD OF LOCOMOTIVE

ARKANSAS RAIL ROAD                           ENGINEERS

                                                                       

 

 

By:_________________________                By:__________________________

 

Its:_________________________                Its:__________________________

                                                                       

 

                                                                        By:__________________________

 

            Its:__________________________

 


APPENDIX I—GRIEVANCE/CLAIM FORM

 

NAME:__________________________________              DATE:_______________

ENGINE NUMBER:_______________________                    JOB NUMBER ________

 

ON-DUTY TIME AND DAY:________________

 

OFF-DUTY TIME AND DAY:_______________

 

CARRIER OFFICIAL INVOLVED:___________________________

 

DESCRIPTION OF CLAIM/REMEDY SOUGHT:

 

 

 

 

 

 

 

Signature of Local Chairman or Aggrieved Employee   ____________________________

DISPOSITION OF CLAIM:  PAID:________            DECLINED:________

IF DECLINED, BRIEF EXPLANATION:

 

 

 

 

 

 

 

 

_________________________________

              Signature of Carrier Official


APPENDIX II – ALTERNATIVE DISPUTE RESOLUTION

 

1.                  Remedial Action Procedures:  If the carrier, in its sole discretion, offers and the employee accepts, the parties may forgo the disciplinary and grievance procedures contained in Articles 10 and 11 of the parties’ Agreement and proceed under these remedial action procedures. 

 

2.         The remedial action procedures will be as follows:

 

(a)                                        Where the carrier believes an employee has violated a rule or policy requiring remedial action on behalf of the employee, the Carrier will notify the employee and the union within ten (10) days of the violation and its intent to proceed under this Appendix.  The carrier will hold a meeting with the employee and the union not less than twenty-four (24) hours nor more than seven (7) days after such notification.

 

(b)                                       At the meeting, the carrier, employee, and union will discuss remedial measures to apply to the employee.  The purpose of such remedial measure will be to provide the employee with such education or information as may be needed to improve the employee’s performance in the area of the violation.

 

(c)                                        The violation or offense, along with the remedial action taken, will be recorded and retained in the employee’s personnel file for a period agreed upon by the parties but in no event for longer than twenty-four (24) months.

 

(d)                                       If the carrier, employee, and union cannot agree on a remedial measure at the initial meeting, these remedial action procedures will no longer apply and the carrier will impose such discipline as it in its sole discretion determines to be appropriate.  The employee is then free to invoke the Hearings and Discipline and Grievance and Arbitration processes contained in Articles 10 and 11.  Time limits under those Articles will begin to run when the employee rejects the carrier’s final offer for a remedial measure.

 

3.                  Revocation of Alternative Dispute Resolution Procedures:  Upon thirty (30) days notice, either party may revoke or rescind its agreement to abide by the Alternative Dispute Resolution procedures contained in this appendix, provided, however, that any action or disagreement giving rise to a dispute before notice is given will still be subject to the Alternative Dispute Resolution procedures.


APPENDIX III - WAGE DEDUCTION AUTHORIZATION

 

MISSOURI & NORTHERN ARKANSAS RAILROAD

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

 

EMPLOYEE'S NAME:

 

                                                                       

(PRINT)         Last                                    First                      MI   

 

EMPLOYEE'S HOME ADDRESS:

 

                                                                       

      Street and Number              City            State                   Zip

 

 

SOCIAL SECURITY NUMBER:           -      -           BLE DIVISION NO.:       

 

Office of Payroll

 

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 reported to the Carrier by the Secretary-Treasurer of my Division in a monthly deduction list certified by him as provided in the Deduction Agreement, entered into by the Carrier and the Union, and I authorize the Carrier to deduct such sum from my wages and pay it over to the Secretary-Treasurer of the Division of the Union in accordance with the Deduction Agreement.

 

I understand in accordance with the Deduction Agreement this assignment for deduction of Union dues shall remain in full force and effect throughout the course of my employment.

 

 

SIGNED:                                   DATE:                  


DEDUCTION LIST

 

Office of Payroll

 

Please deduct during the second period of                the amount shown opposite the name of each employee listed below:

 

SOCIAL SECURITY      EMPLOYEE'S LAST NAME  AMOUNT TO         

NUMBER:           FIRST NAME AND MIDDLE      BE DEDUCTED:       REMARKS:

                  INITIAL:                                                                                                                                                                                                               

                                                                                                                                                           

                                                                                                                                                           

                                                                             

                                                                             

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

(Names to be listed in alphabetical order)

 

                                                                       

 

                                                                       

                        Secretary-Treasurer BLE Division No.______

 

Summary Totals:                                                          

                  (Address)

Sheet No. 1:                 

Sheet No. 2:                                                           

Etc.

Total of             Sheets:

 

 

 

 

 

 

 

 

 

Appendix 4

 

 

This Appendix 4 is a guideline which represents the preferred method of making extra-board assignments.  It is not a required method.

 

 

 

Location of Vacancy

First

Extra Board

Second

Extra Board

Third

Extra Board

Sedalia Subdivision

Carthage Subdivision: Pleasant Hill to Lamar

Clinton Branch

Ft. Scott Branch

 

Nevada

 

Carthage

 

Branson

 

Carthage Subdivision: Lamar to Jasper

Nevada

or

Carthage

 

 

Carthage Subdivision: Jasper to Carthage

Aurora Subdivision: Carthage to Stotts City

Webb City Branch

Atlas Branch

 

Carthage

 

Nevada

 

Branson

 

Aurora Subdivision: Stotts City to Crane

Carthage

or

Branson

 

 

 

Aurora Subdivision: Crane to Bergman

 

 

Branson

 

Cotter

 

Carthage

 

Springfield Branch

 

Branson

 

Carthage

Cotter

Or

Nevada

 

Aurora Subdivision: Bergman to Pyatt

Branson

or

Cotter

 

 

Aurora Subdivision: Pyatt to Cotter

Cotter Subdivision: Cotter to Norfork

 

Cotter

 

Batesville

 

Branson

 

Cotter Subdivision: Norfork to Calico Rock

Cotter

or

Batesville

 

 

Cotter Subdivision: Calico Rock to Diaz Jct.

Hoxie Subdivision

 

Batesville

 

Cotter

 

Branson

QUESTIONS & ANSWERS

AGREEMENT BETWEEN M&NA RAILROAD AND BLE

 

 

Q1.      Under Article 2, Section 4, what is meant by the term “highest rate of pay for which they are qualified”?

 

A1.            Employee will receive the compensation at the highest level of service for which he/she qualifies.  Should an employee fail to maintain his/her qualification, they will be paid at the level for which they are thereafter qualified.  Employees must protect jobs of their highest qualification in order to retain the higher pay classification.  Employees will be selected in reverse order of seniority to fill vacancies of higher service class when such higher-class jobs become vacant.

 

Q2.      How will the M&NA determine what pay rate employees will receive?

 

A2.      Every Transportation Specialist is required to promote to achieve the highest class of service.  Employees pursuant to Article 2 section 3 shall be given 3 opportunities for promotion.  If an employee fails to qualify or pursue these opportunities, s/he will be discharged.  Employees must complete a certifying trip annually to retain their qualification. 

 

Q3.      What is meant by the language in Article 1, Section 1 permitting employees other than Transportation Specialists from performing work on a “non-regular” basis or on the same basis as in the past?

 

A3.      First, the clause is intended to preserve the M&NA’s existing practice of using employees other than Transportation Specialists to move locomotives or trains.  For example, qualified shop personnel may move locomotives to or from shop, between Carthage and Joplin (sometimes with cars attached), and may road test power on the main tracks.  Maintenance of Way personnel may operate work trains.  These practices will continue going forward on the same basis as they have in the past.  Second, the clause is intended to permit the M&NA to use management employees to operate trains in situations to meet business needs, provided it is not a regular occurrence (i.e. a manager makes a certain every Saturday, displacing a crew).  Such needs may include responding quickly to customer requests made on short notice, handling trains when a crew dies and no other crews are available, assisting crews with switching operations, operating passenger specials or other non-revenue trains, deadheading, or repositioning power between terminals.

 

 

 

QUESTIONS & ANSWERS CONTINUED

M&NA RAILROAD AND BLE

 

 

 

Q4.      How will holiday pay under Article 8, Section 2 be applied?

 

Q.4(a):If an employee is credited with 40 hours worked in the first four days of the week, and then on the fifth day of the week he works 10 hours on a holiday?

 

A 4(a): The employee would be due 40 hours at the straight time rate, plus 10 hours at time and half, plus 5 hours at straight time rate for working on the holiday.

 

Q.4(b):If an employee is credited with 30 hours worked in the first four days of the week, and then on the 5th day of the week he works 10 hours on a holiday?

 

A.4(b):  The employee would be due 30 hours at the straight time rate, plus 10 hours at time and one-half for the time worked on the holiday; or the equivalent of 45 hours at the straight time rate.

 

Q.4(c) If an employee is credited with 20 hours worked in the first four days of the week, and then on the fifth day of the week he works 10 hours on a holiday?

 

A.4(c): Since the employee’s pay for this time would not exceed forty-hour weekly guarantee, the employee would receive his forty-hour weekly guarantee plus 5 hours at straight time rate for working the holiday.