1986 National Agreement
Award of Arbitration No. 458
Between railroads represented by the
NATIONAL CARRIERS' CONFERENCE
COMMITTEE
And
Employees of such railroads
represented by the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
APPENDIX B
IT IS HEREBY AGREED:
ARTICLE 1 - GENERAL
WAGE INCREASES
Section l - First
General Wage Increase
(a) Effective July 1, 1986, all standard basic dally rates
of pay (excluding cost-of-living allowance) of employees represented by the
Brotherhood of Locomotive Engineers in effect on June 30, 1986 shall be
increased by one (1) percent.
(b) In computing the increase under paragraph (a) above, one
(l) percent shall be applied to the standard basic daily rates of pay
applicable in the following weight-on-drivers brackets, and the amounts so
produced shall be added to each standard basic daily rate of pay:
Passenger 600,000 and less than 650,000 pounds
Freight 950,000 and less than
1,000,000 pounds
(through freight rates)
Yard Engineers Less than 500,000 pounds
Yard Firemen Less than 500,000 pounds
(separate computation
covering five-day
rates and other than
five-day rates)
Section 2 - Second
General Wage Increase
Effective July 1, 1986, following application of the wage
increase provided for in Section l (a) above, all standard basic daily
rates of pay
(excluding cost-of-living allowance) of employees represented by the Brotherhood of Locomotive
Engineers in effect shall be further increased by two (2) percent, computed and
applied in the manner prescribed in Section l above.
Section 3 - Third
General Wage Increase
Effective October 1, 1986, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented by the
Brotherhood of Locomotive Engineers in effect on September 30, 1986, shall be
increased by one and one-half (1.5) percent, computed and applied in the manner
prescribed in Section 1 above.
Section 4 - Fourth
General Wage Increase
Effective January 1, 1987, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented by the
Brotherhood of Locomotive Engineers in effect on December 31, 1986, shall be
increased by two and one-quarter (2.25)
percent, computed and applied in the manner prescribed in Section 1 above.
Section 5 - Fifth
General Wage Increase
Effective July 1, 1987, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented by the
Brotherhood of Locomotive Engineers in effect on June 30, 1987, shall be
increased by one and one-half (1.5)
percent, computed and applied in the manner prescribed in Section 1 above.
Section 6 - Sixth
General Wage Increase
Effective January 1, 1988, all standard basic daily rates of
pay (excluding cost-of-living allowance) of employees represented by the Brotherhood
of Locomotive Engineers in effect on December 31, 1987, shall be increased by
two and one-quarter (2.25) percent,
computed and applied in the manner prescribed in Section 1 above.
Section 7 - Standard
Rates
The standard basic daily rates of pay (excluding
cost-of-living allowance) produced by application of the increases provided for
in this Article are set forth in Appendix 1, which is a part of this Agreement.
Section 8 -
Application of Wage Increases
(a) Duplicate time payments, including arbitraries and
special allowances that are expressed in time, miles or fixed amounts of money,
and mileage rates of pay for miles run in excess of the number of miles
comprising a basic day, will not be subject to the adjustments provided for in
this Article.
(b) Miscellaneous rates based upon hourly or daily rates of
pay, as provided in the schedules or wage agreements, shall be adjusted under
this Agreement in the same manner as heretofore increased under previous wage
agreements.
(c) In determining new hourly rates, fractions of a cent
will be disposed of by applying the next higher quarter of a cent.
(d) Daily earnings minimum shall be changed by the amount of
the respective daily adjustments.
(e) Existing money differentials above existing standard daily
rates shall be maintained.
(f) In local freight service, the
same differential in excess of through freight rates shall be maintained.
(g)
The differential of $4.00 per basic day in freight and yard service, and $.04
per mile for miles in excess of the number of miles encompassed in the basic
day in freight service, will be maintained for engineers working without
firemen on locomotives on which under the former National Diesel Agreement
of 1950 firemen would have been
required. Such differential will continue to
be applied in the same manner
as the local
freight differential.
(h) In computing
the first increase in
rates of pay effective
July 1, 1986, under Section 1 for firemen employed in local
freight service, or on road switchers, roustabout
runs, mine runs, or in other
miscellaneous service, on runs of miles equal
to or less than the number
comprising a basic day, which are therefore paid on a daily basis without a
mileage component, whose rates had been
increased by an additional $.40"
effective July 1, 1968, the one (1) percent increase shall be
applied to daily rates in effect June 30, 1986, exclusive of
local freight differentials and
any other money differential
above existing standard daily rates. For firemen, the rates
applicable in the weight-on-drivers bracket 950,000 and
less than 1,000,000 pounds shall be
utilized in computing the amount of increase. The same procedure shall
be followed in computing the second
increase effective July 1, 1986, and the subsequent increases effective October 1,
1986, January 1, 1987, July 1, 1987 and
January 1, 1988. The
rates produced by application of the
standard local freight differentials and the above-referred-to
special increase of an additional $.40" to standard basic through freight
rates of pay are set
forth in Appendix 1 which is
a part of
this Agreement.
(i) Other than standard rates:
(i) Existing basic daily rates of
pay other than standard shall be changed, effective as
of the dates specified in Sections
1 through 6 hereof, by the same
respective percentages as set forth
therein, computed and applied in the same manner as the standard rates were
determined.
(ii) The differential of $4.00 per basic day in freight and yard service, and $.04 per mile for miles in
excess of the number
encompassed in the basic day in freight service, will be maintained
for engineers working without firemen on
locomotives on which under
the former National Diesel
Agreement of 1950 firemen would have been required.
(iii) Daily rates of
pay, other than standard,
of firemen employed in local
freight service, or on road switchers, roustabout runs, mine runs, or in other
miscellaneous service, on runs of miles equal to or less than the number
encompassed in the basic day, which are
therefore paid on a daily basis
without a mileage component, shall be increased as of the
effective dates specified in Sections 1 through 6 hereof, by the same
respective percentages as set forth therein, computed and applied in the
same manner as provided in paragraph (i)(ii) above.
(j) Wage rates resulting from the increases provided for in
Sections 1 through 6 of this Article I,
and in Section 1(d) of Article II, will not be reduced under
Article II.
ARTICLE II -
COST-OF-LIVING ADJUSTMENTS
Section 1 - Amount and
Effective Dates of Cost-of-Living Adjustments
(a) The cost-of-living allowance which, on
September 30, 1986 will be 13 cents per
hour, will subsequently be adjusted, in the
manner set forth in and subject to all the provisions
of paragraphs (e) and (g) below, on the basis of the "Consumer
Price Index for Urban
Wage Earners and Clerical
Workers (Revised Series)
(CPI-W)" (1967 =
100), U.S. Index,
all items unadjusted, as
published by the Bureau of Labor Statistics, U.S. Department of
Labor, and hereinafter referred
to as the
BLS Consumer Price Index. The first such cost-of-living
adjustment shall be made
effective October 1, 1986, based
(subject to paragraph (e)(i)
below) on the BLS Consumer Price Index for March 1986 as
compared with the
index for September
1985. Such adjustment, and
further cost-of-living adjustments which will
be made effective as described below, will be based on the change in
the BLS
Consumer Price Index during the respective measurement periods shown in the following
table subject to the exception in
paragraph (e)(ii) below, according to
the formula set forth in paragraph (f) below as limited by paragraph
(g) below:
Measurement Periods:
Effective Date
of Adjustment Base
Month Measurement Month
(1) (2)
(3)
September 1985 March
1986
March 1986 September
1986
September 1986 March
1987
March 1987 September
1987
(b) While a cost-of-living allowance is in effect, such
cost-of-living allowance will
apply to straight
time, overtime, vacations, holidays and to special allowances in the
same manner as basic wage adjustments have been applied in
the past, except that any
part of such allowance generated
after September 30, 1986 shall
not apply to
duplicate time payments, including arbitraries and special allowances that are expressed in
time, miles or fixed amounts of
money or to mileage rates of pay for miles
run in excess of the number of
miles comprising a basic day.
(c) The amount of the cost-of-living allowance, if
any, which will be effective from one adjustment date to the next may be
equal to, or
greater or less
than, the cost-of-living allowance in effect in the
preceding adjustment period.
(d) On June 30, 1988 all of the cost-of-living allowance then in
effect shall be rolled into basic rates of pay and the cost-of-living allowance
in effect will be reduced
to zero. Accordingly,
the amount rolled in will not
apply to
duplicate time payments,
including arbitraries and special allowances that are expressed
in time, miles or fixed
amounts of money,
and mileage rates of pay for miles run in excess of the number
of miles comprising a
basic day, except to the
extent that it includes part or all of the 13 cents per
hour allowance in effect on September 30, 1986.
(e) Cap. i) In
calculations under paragraph (f) below, the maximum increase in the BLS Consumer Price Index
(C.P.I.) which will be taken into
account will be as follows:
Effective Date Maximum
C.P.I. Increase
of Adjustment Which
May Be Taken into Account
the increase from
September 1985 to March 1986
the increase from
September 1986 to March 1987
(ii) If the increase
in the BLS Consumer Price Index from the
base month of September 1985 to the measurement month of March 1986,
exceeds 4% of
the September base
index, the measurement period
which will be used for determining the cost-of- living adjustment to be effective the following
January will be the twelve-month period
from such base month of September; the
increase in the index which will be taken into account will be limited to that
portion of increase which is in excess of 4% of such September base index, and
the maximum increase in that portion of the index which may be taken into
account will be 8% of such September base index less the 4% mentioned in the preceding clause, to
which will be added any residual tenths of points which had been dropped under
paragraph (f) below in calculation of the cost-of-living adjustment which will
have become effective October 1 during such measurement period.
(iii) Any increase in
the BLS Consumer Price Index from the base month of September of one year to
the measurement month of September of the following year in excess of 8% of the
September base month index, will not be taken into account in the determination
of subsequent cost-of-living adjustments.
(f) Formula. The number of points change in the BLS Consumer
Price Index during a measurement period, as limited by paragraph (e) above,
will be converted into cents on the basis of one cent equals 0.3 full
points. (By 0.3 full points it is
intended that any remainder of 0.1 point
or 0.2 point of change
after the conversion will not be counted).
The cost-of-living allowance in effect on September 30,
1986, will be adjusted (increased or decreased) effective October 1, 1986, by
the whole number of cents produced by dividing by 0.3 the number of points
(including tenths of points) change, as limited by paragraph (e) above, in the
BLS Consumer Price Index during the measurement period from the base month of
September 1985 to the measurement month
of March 1986. Any residual tenths
of a point resulting from such division will be
dropped. The result of such division
will be added to the amount of the cost-of-living allowance in effect on
September 30, 1986, if the Consumer Price Index will have been higher at the
end than at the beginning of the measurement period, and subtracted therefrom
only if the index will have been lower at the end than at the beginning of the
measurement period and then, only, to the extent that the allowance remains at
zero or above.
The same procedure will be followed in applying subsequent
adjustments.
(g) Offsets. The
amounts calculated in accordance with the formula set forth in paragraph (f)
will be offset by the third through the sixth increases provided for in Article
I of this Agreement as applied on an annual basis against a starting rate of
$12.92 per hour. This will result in the
cost-of-living increases, if any, being subject to the limitations herein
described:
(i) Any increase to
be paid effective
(ii) The combined
increases, if any, to be paid as a result of the adjustments effective
(iii) Any increase to
be paid effective
(iv) The combined
increases, if any, to be paid as a result of the adjustments effective
(h) Continuance of
the cost-of-living adjustments is
dependent upon the availability of the official monthly BLS Consumer Price
Index (CPI-W) calculated on the same basis as such Index, except that, if the
Bureau of Labor Statistics, U.S. Department of Labor, should during the
effective period of this Agreement revise or change the methods or basic data
used in calculating the BLS Consumer Price Index in such a way as to affect the
direct comparability of such revised or changed index with the CPI-W Index
during a measurement period, then that Bureau shall be requested to furnish a
conversion factor designed to adjust the newly revised index to the basis of
the CPI-W Index during such measurement period.
Section 2 -
Application of Cost-of-Living Adjustments
In application of the cost-of-living adjustments provided
for by Section 1 of this Article II, the cost-of-living allowance will not
become part of basic rates of pay except as provided in Section l(d). In application of such allowance, each one
cent per hour of cost-of-living allowance will be treated as an increase of 8
cents in the basic daily rates of pay produced by application of Article I and
by Section 1(d) of this Article II. The
cost-of-living allowance will otherwise be applied in keeping with the
provisions of Section 8 of Article I.
ARTICLE III - LUMP
SUM PAYMENT
A lump sum payment, calculated as described below, will be
paid to each employee subject to this Agreement who established an employment
relationship prior to the date of this Agreement and has retained that
relationship or has retired or died.
Employees with 2,150 or more straight time hours paid for
(not including any such hours reported to the Interstate Commerce Commission as
constructive allowances except vacations and holidays) during the period
There shall be no duplication of lump-sum payments by virtue
of employment under an agreement with another organization.
ARTICLE IV - PAY
RULES
Section 1 - Mileage
Rates
(a) Mileage rates of
pay for miles run in excess of the number of miles comprising a basic day will
not be subject to general, cost-of-living, or other forms of wage increases.
(b) Mileage rates of
pay, as defined above, applicable to interdivisional, interseniority district,
intradivisional and/or intraseniority district service runs now existing or to
be established in the future shall not exceed the applicable rates as of
Section 2 - Miles in
Basic Day and Overtime Divisor
(a) The
miles encompassed in the basic day in through freight and through
passenger service and the divisor used to determine when overtime begins will
be changed as provided below:
Effective Date Thru
Freight Service Thru
Passenger Service
of Change
Miles in Basic Overtime Miles
in Basic Overtime
Day Divisor Day Divisor
(b) Mileage rates will be paid only for
miles run in excess of the minimum number specified in (a) above.
(c) The number
of hours that must lapse before overtime begins on a trip in through freight or through
passenger service is calculated by
dividing the miles of the trip or the number of miles encompassed in a basic day in that class of
service, whichever is greater, by the appropriate overtime divisor. Thus after
Section 3 - Conversion
to Local Rate
When employees in through freight service become entitled to
the local rate of pay under applicable conversion rules, the
daily local freight differential (56 cents for engineers and 43 cents for
firemen under national agreements) will be added to their basic daily rate and
the combined rate will be used as the
basis for calculating hourly rates, including overtime. The local freight mileage differential (56 cents
per mile for engineers and 43 cents for firemen under national agreements) will
be added to the through freight mileage rates, and miles in excess of
the number encompassed in the
basic day in through freight service will be paid at the combined rate.
Section 4 - Engine
Exchange (Including Adding and Subtracting of Units) And Other Related
Arbitraries
(a) Effective July 1, 1986 all arbitrary allowances provided
to employees for exchanging engines, including adding and subtracting units,
preparing one or more units for tow, handling locomotive units not connected in
multiple, and coupling and/or uncoupling appurtenances such as signal hose and
control cables are reduced by an amount equal to two-thirds of the allowance in
effect as of June 30, 1986.
(b)
Effective July 1, 1987, all arbitrary allowances provided to employees for
performing work described in paragraph (a) above are eliminated
Section 5 - Duplicate
Time Payments
(a) Duplicate time payments, including arbitraries and
special allowances that are expressed in time or miles or fixed amounts of
money, shall not apply to employees whose seniority in engine or train service
is established on or after
(b) Duplicate time payments, including arbitraries and
special allowances that are expressed in time or miles or fixed amounts of
money, not eliminated by this Agreement shall not be subject to general,
cost-of-living or other forms of wage increases.
Section 6 - Rate
Progression - New Hires
In any class of service or job
classification, rates of pay, additives, and other applicable elements of
compensation for an employee whose seniority in engine or train service is
established on or after November 1, 1985, will be 75% of the rate for present
employees and will increase in increments of 5 percentage points for each year
of active service in engine and/or train service until the new employee's rate
is equal to that of present employees. A year of active service shall consist
of a period of 365 calendar days in which the employee performs a total of 80
or more tours of duty.
ARTICLE V - FINAL TERMINAL DELAY, FREIGHT SERVICE
Section 1 -
Computation of Time
In freight service all time, in
excess of 60 minutes, computed from the time engine reaches switch, or signal
governing same, used in entering final terminal yard where train is to be left
or yarded, until finally relieved from duty, shall be paid for as final
terminal delay; provided, that if a train is deliberately delayed between the
last siding or station and such switch or signal, the time held at such point
will be added to any time calculated as final terminal delay.
Section 2 - Extension
of Time
Where mileage is allowed between the point where final
terminal delay time begins and the point where finally relieved, each mile so
allowed will extend the 60 minute period after which final terminal delay
payment begins by the number of minutes equal to 60 divided by the applicable
overtime divisor (60/12.5 = 4.8; 60/13 = 4.6; 60/13.25 = 4.5; 60/13.5 = 4.4,
etc.).
Section 3 - Payment
Computation
All final terminal delay, computed as provided for in this
Article, shall be paid for, on the minute basis, at one-eighth (1/8th) of the
basic daily rate in effect as of June 30, 1986, according to class of service
and engine used, in addition to full mileage of the trip, with the
understanding that the actual time consumed in the performance of service in
the final terminal for which an arbitrary allowance of any kind is paid shall
be deducted from the final terminal time under this Article. The rate of pay
for final terminal delay allowance shall not be subject to increases of any
kind.
After road overtime commences, final terminal delay shall
not apply and road overtime shall be paid until finally relieved from duty
NOTE: The phrase "relieved from duty" as used in
this Article includes time required to make inspection, complete all necessary
reports and/or register off duty.
Section 4 - Multiple
Trips
When a tour of duty is composed of a series of trips, final
terminal delay will be computed on only the last trip of the tour of duty.
Section 5 - Exceptions
This Article shall not apply to pusher, helper, mine run,
shifter, roustabout, transfer, belt line, work, wreck, construction, road
switcher or district run service. This Article shall not apply to circus train
service where special rates or allowances are paid for such service.
NOTE: The question as to what particular service is covered
by the designations used in Section 5 shall be determined on each individual
railroad in accordance with the rules and practices in effect thereon.
Section 6 - Local Freight
Service
In local freight service, time consumed in switching at
final terminal shall not be included in the computation of final terminal delay
time.
This Article shall become effective
ARTICLE VI -
DEADHEADING
Existing rules covering deadheading are revised as follows:
Section 1 - Payment
When Deadheading and Service Are Combined
(a) Deadheading and service may be combined in any manner
that traffic conditions require, and when so combined employees shall be paid
actual miles or hours on a continuous time basis, with not less than a minimum
day, for the combined service and deadheading. However, when deadheading from
the away-from-home terminal to the home terminal is combined with a service
trip from such home terminal to such away-from-home terminal and the distance
between the two terminals exceeds the applicable mileage for a basic day, the
rate paid for the basic day mileage portions of the service trip and deadhead
shall be at the full basic daily rate.
Section 2 - Payment
For Deadheading Separate From Service
When deadheading is paid for separate and apart from
service:
(a) For Present Employees*
A minimum day, at the basic rate applicable to the class of
service in connection with which deadheading is performed, shall be allowed for
the deadheading, unless actual time consumed is greater, in which event the
latter amount shall be allowed.
(b) For New Employees**
Compensation on a minute basis, at the basic rate applicable
to the class of service in connection with which deadheading is performed,
shall be allowed. However, if service after deadheading to other than the employee's
home terminal does not begin within 16 hours after completion of deadhead, a
minimum of a basic day at such rate will be paid. If deadheading from service
at other than the employee's home terminal does not commence within 16 hours of
completion of service, a minimum of a basic day at such rate will be paid.
A minimum of a basic day also will be allowed where two
separate deadhead trips, the second of which is out of other than the home
terminal, are made with no intervening service performed. Non-service payments
such as held-away-from-home terminal allowance will count toward the minimum of
a basic day provided in this Section 2(b).
* Employees whose seniority in engine
or train service precedes
** Employees whose earliest seniority
date in engine or train service is established on or after
Section 3 -
Applications
Deadheading will not be paid where not paid under existing
rules.
This Article shall become effective
ARTICLE VII - ROAD
SWITCHERS ETC.
Section 1 - Reduction
in Work Week
(a) Carriers with road switcher (or similar operations),
mine run or roustabout agreements in effect prior to the date of this Agreement
that do not have the right to reduce six or seven-day assignments to not less
than five, or to establish new assignments to work five days per week, shall
have that right.
(b) The work days of five-day assignments reduced or
established pursuant to Section l(a) of this Article shall be consecutive. The
five-day yard rate shall apply to new assignments established pursuant to
Section l(a) of this Article. Assignments reduced pursuant to Section l(a)
shall be compensated in accordance with the provisions of Section l(c).
(c) If the working days of an existing assignment as
described in Section l(a) are reduced under this Article, an allowance of 48
minutes at the existing straight time rate of that assignment in addition to
the rate of pay for that assignment will be provided. Such allowance will
continue for a period of three years from the date such assignment was first
reduced. However, such allowance will not be made to employees who establish
seniority in train or engine service on or after
(d) The annulment or abolishment and subsequent reestablishment
of an assignment to which the allowance provided for above applies shall not
serve to make the allowance inapplicable to the assignment upon its
restoration.
Section 2 - New Road
Switcher Agreements
(a) Carriers that do not have rules or agreements that allow
them to establish road switcher assignments throughout their system may serve a
proposal for such a rule upon the interested general chairman or chairmen. If
agreement is not reached on the proposal within 20 days, the question shall be submitted
to arbitration.
(b) The arbitrator shall be selected by the parties or, if
they fail to agree, the National Mediation Board will be requested to name an
arbitrator.
(c) The arbitrator shall render a decision within 30 days
from the date he accepts appointment. The decision shall not deal with the
right of the carrier to establish road switcher assignments (such right is
recognized), but shall be restricted to enumerating the terms and conditions
under which such assignments shall be compensated and operated.
(d) In determining the terms and conditions under which road
switcher assignments shall be compensated and operated, the arbitrator will be
guided by and confined to what are the prevailing features of other road
switcher agreements found on Class I railroads, except that the five day yard
rate shall apply to any assignment established under this Section.
ARTICLE VIII -
ROAD, YARD AND INCIDENTAL WORK
Section 1 - Road Crews
Road crews may perform the following work in connection with
their own trains without additional compensation:
(a) Get or leave their train at any location within the
initial and final terminals and handle their own switches. When a crew is
required to report for duty or is relieved from duty at a point other than the
on and off duty point fixed for that assignment and such point is not within
reasonable walking distance of the on and off duty point, transportation will
be provided.
(b) Make up to two straight pick-ups at other location(s) in
the initial terminal in addition to picking up the train and up to two straight
set-outs at other location(s) in the final terminal in addition to yarding the
train; and, in connection therewith, spot, pull, couple, or uncouple cars set
out or picked up by them and reset any cars disturbed.
(c) In connection with straight pick-ups and/or set-outs
within switching limits at intermediate points where yard crews are on duty,
spot, pull, couple or uncouple cars set out or picked up by them and reset any
cars disturbed in connection therewith.
(d) Perform switching within switching limits at times no
yard crew is on duty. On carriers on which the provisions of Section 1 of
Article V of the June 25, 1964 Agreement are applicable, time consumed in
switching under this provision shall continue to be counted as switching time.
Switching allowances, where applicable, under Article V, Section 7 of the June
25, 1964 Agreement or under individual railroad agreements, payable to road
crews, shall continue with respect to employees whose seniority in engine or
train service precedes the date of this Agreement and such allowances are not
subject to general or other wage increases.
(e) At locations outside of switching limits there shall be
no restrictions on holding onto cars
in making set-outs or pick-ups, including coupling or shoving cars disturbed in
making set-outs or pick-ups.
Section 2 - Yard Crews
(a) Yard crews may perform the following work outside of
switching limits without additional compensation except as provided below:
(i) Bring in disabled train or trains whose crews have tied
up under the Hours of Service Law from locations up to 25 miles outside of
switching limits.
(ii) Complete the work that would normally be handled by the
crews of trains that have been disabled or tied up under the Hours of Service
Law and are being brought into the terminal by those yard crews. This paragraph
does not apply to work train or wrecking service.
Note: For performing the service provided in (a)(I) and (ii)
above, yard crews shall be paid miles or hours, whichever is the greater, with
a minimum of one (1) hour for the class of service performed (except where
existing agreements require payment at yard rates) for all time consumed
outside of switching limits. This allowance shall be in addition to the regular
yard pay and without any deduction therefrom for the time consumed outside of
switching limits. Such payments are limited to employees whose seniority date
in engine or train service precedes
(iii) Perform service to customers up to 20 miles outside
switching limits provided such service does not result in the elimination of a
road crew or crews in the territory. The
use of a yard crew in accordance with this paragraph will not be construed as
giving yard crews exclusive rights to such work. This paragraph does not
contemplate the use of yard crews to perform work train or wrecking service outside switching limits.
(iv) Nothing in this Article will serve to prevent or affect
in any way a carrier's right to extend switching limits in accordance with
applicable agreements. However, the distances prescribed in this Article shall
continue to be measured from switching limits as they existed as of
(b) Yard crews may perform hostling work without additional
payment or penalty.
Section 3 - Incidental
Work
Road and yard employees in engine service and qualified
ground service employees may perform the following items of work in connection with
their own assignments without additional compensation:
(a) Handle switches
(b) Move, turn, spot and fuel locomotives
(c) Supply locomotives except for heavy equipment and
supplies generally placed on locomotives by employees of other crafts
(d) Inspect locomotives
(e) Start or shutdown locomotives
(f) Make head-end air tests
(g) Prepare reports while under pay
(h) Use of communication devices; copy and handle train
orders, clearances and/or other
messages.
(I) Any duties formerly performed by firemen.
Section 4 -
Construction of Article
Nothing in this Article is intended to restrict any of the
existing rights of a carrier.
This Article shall become effective
ARTICLE IX -
INTERDIVISIONAL SERVICE
NOTE: As used in this
Agreement, the term interdivisional service includes interdivisional,
interseniority district, intradivisional and/or intraseniority district
service.
An individual carrier may establish interdivisional service,
in freight or passenger service, subject to the following procedure.
Section 1 - Notice
An individual carrier seeking to establish interdivisional
service shall give at least twenty days' written notice to the organization of
its desire to establish service, specify the service it proposes to establish
and the conditions, if any, which it proposes shall govern the establishment of
such service.
Section 2 - Conditions
Reasonable and practical conditions shall govern the
establishment of the runs described, including but not limited to the
following:
(a) Runs shall be adequate for efficient operations and
reasonable in regard to the miles run, hours on duty and in regard to other
conditions of work.
(b) All miles run in excess of the miles encompassed in the
basic day shall be paid for at a rate calculated by dividing the basic daily
rate of pay in effect on May 31, 1986 by the number of miles encompassed in the
basic day as of that date. Weight-on-drivers additives will apply to mileage
rates calculated in accordance with this provision.
(c) When a crew is required to report for duty or is
relieved from duty at a point other than the on and off duty points fixed for
the service established hereunder, the carrier shall authorize and provide
suitable transportation for the crew.
NOTE: Suitable transportation includes carrier owned or
provided passenger carrying motor vehicles or taxi, but excludes other forms of
public transportation.
(d) On runs established hereunder crews will be allowed a
$4.15 meal allowance after 4 hours at the away from home terminal and another
$4.15 allowance after being held an additional 8 hours.
(e) In order to expedite the movement of interdivisional
runs, crews on runs of miles equal to or less than the number encompassed in
the basic day will not stop to eat except in cases of emergency or unusual
delays. For crews on longer runs, the carrier shall determine the conditions
under which such crews may stop to eat. When crews on such runs are not
permitted to stop to eat, crewmembers shall be paid an allowance of $1.50 for
the trip.
(f) The foregoing provisions (a) through (e) do not preclude
the parties from negotiating on other terms and conditions of work.
Section 3 - Procedure
Upon the serving of a notice under Section 1, the parties
will discuss the details of operation and working conditions of the proposed
runs during a period of 20 days following the date of the notice. If they are
unable to agree, at the end of the 20-day period, with respect to runs which do
not operate through a home terminal or home terminals of previously existing
runs which are to be extended, such run or runs will be operated on a trial
basis until completion of the procedures referred to in Section 4. This trial
basis operation will not be applicable to runs which operate through home
terminals.
Section 4 -
Arbitration
(a) In the event the carrier and the organization cannot
agree on the matters provided for in Section 1 and the other terms and
conditions referred to in Section 2 above, the parties agree that such dispute
shall be submitted to arbitration under the Railway Labor Act, as amended,
within 30 days after arbitration is requested by either party. The arbitration
board shall be governed by the general and specific guidelines set forth in
Section 2 above.
(b) The decision of the arbitration board shall be final and
binding upon both parties, except that the award shall not require the carrier
to establish interdivisional service in the particular territory involved in
each such dispute but shall be accepted by the parties as the conditions which
shall be met by the carrier if and when such interdivisional service is
established in that territory. Provided further, however, if carrier elects not
to put the award into effect, carrier shall be deemed to have waived any right
to renew the same request for a period of one year following the date of said
award, except by consent of the organization party to said arbitration.
Section 5 - Existing
Interdivisional Service
Interdivisional service in effect on the date of this
Agreement is not affected by this Article.
Section 6 -
Construction of Article
The foregoing provisions are not intended to impose
restrictions with respect to establishing interdivisional service where
restrictions did not exist prior to the date of this Agreement.
Section 7 - Protection
Every employee adverse1y affected either directly or
indirectly as a result of the application of this rule shall receive the
protection afforded by Sections 6, 7, 8 and 9 of the Washington Job Protection
Agreement of May 1936, except that for the purposes of this Agreement Section
7(a) is amended to read 100% (less earnings in outside employment) instead of
60% and extended to provide period of payment equivalent to length of service
not to exceed 6 years and to provide further that allowances in Sections 6 and
7 be increased by subsequent general wage increases.
Any employee required to change his residence shall be
subject to the benefits contained in Sections 10 and 11 of the Washington Job
Protection Agreement and in addition to such benefits shall receive a transfer
allowance of four hundred dollars ($400.00) and five working days instead of
the "two working days" provided by Section 10(a) of said agreement.
Under this Section, change of residence shall not be considered
"required" if the reporting point to which the employee is changed is
not more than 30 miles from his former reporting point.
If any protective benefits greater than those provided in
this Article are available under existing agreements, such greater benefits
shall apply subject to the terms and obligations of both the carrier and
employee under such agreements, in lieu of the benefits provided in this
Article.
This Article shall become effective
ARTICLE X -
LOCOMOTIVE STANDARDS
In run-through service, a locomotive which meets the basic
minimum standards of the home railroad or section of the home railroad may be
operated on any part of the home railroad or any other railroad.
A locomotive which meets the basic minimum standards of a
component of a merged or affiliated rail system may be operated on any part of
such system.
ARTICLE XI -
TERMINATION OF SENIORITY
The seniority of any employee whose seniority-in engine or
train service is established on or after November 1, 1985 and who is furloughed
for 365 consecutive days will be terminated if such employee has less than
three (3) years of seniority.
ARTICLE XII -
FIREMFN
On carriers where the Brotherhood of Locomotive Engineers
represents firemen and the provisions of the
The craft or class of firemen (helpers) shall be eliminated
through attrition except to the extent necessary to provide the source of
supply for engineers and for designated passenger firemen, hostler and hostler
helper positions.
Section 1 - Amendments
to
(1) Change Article I,
Section l(a) to read as follows:
"(a) For fulfilling needs arising as the resu1t of
assignments and vacancies, temporary or otherwise, in designated passenger
service and in hostler, hostler-helper service, pursuant to mileage or other
regulating factors on individual carriers and in accordance with Article IV of
this Agreement."
(2) Change Article I, Section 3(a) to read as fo1lows:
"(a) Determinations of the number of employees required
on each seniority district will be based on the maximum applicable regulating
factor for each class of service contained in the ru1es on each carrier
relating to increasing or decreasing the force of locomotive engineers."
(3) Change Article I,
Section 3(e) to read as follows:
"(e) The number of employees required as of each
determination period will be based on engineer service during the twelve
months' period as follows:
Passenger service
Total hours paid for multiplied by the number of mi1es
encompassed in a minimum day divided by the number of hours encompassed in a
minimum day.
Freight service
Total hours paid for plus one-half overtime hours,
multiplied by the number of miles encompassed in a minimum day divided by the
number of hours encompassed in a minimum day.
Yard service
Total hours paid for p1us one-half overtime hours, divided
by 8.
The results thus obtained shall be divided by the maximum
applicable regulating factor as provided in paragraph (a) of this Section 3.
The sum of employees thus determined will be increased by 10% to cover
vacations and layoffs.
NOTE: As used in this paragraph, the term 'total hours paid
for' includes all straight time hours paid for including hours paid for while
working during scheduled vacation periods and the basic day's pay for holidays
as such, all overtime hours paid for including overtime paid for working on
ho1idays, and the hourly equivalent of arbitraries and special allowances
provided for in the schedule agreements. The term does not include the hourly equivalent
of vacation allowances or allowances in lieu of vacations, or payments arising
out of violations of the schedule agreement."
(4) Change Article I,
Section 3(f) by inserting "and on furlough" in the first and second sentences after "the number of
firemen in active service" and by eliminating (1) to the NOTE and
renumbering the remaining three enumerated items.
(5) Eliminate Section 3(h) of Article I and reletter the
subsequent subsection.
(6) Change Article
III, Section 1 to read as follows:
"Section 1 - Firemen (he1pers) whose seniority as such
was established prior to November 1, 1985 shall have the right to exercise
their seniority on assignments on which, under the National Diesel Agreement of
1950 (as in effect on January 24, 1964), the use of firemen (helpers) would
have been required, and on available hostler and hostler helper assignments
subject to the following exceptions:
(a) When required to fulfill experience requirements for
promotion, or engaged in a scheduled training program.
(b) When their services are required to qualify for or fill
passenger or hostler or hostler helper vacancies in accordance with Article IV
of this Agreement.
(c) When restricted to specific assignments as referred to
in Article VI of this Agreement.
(d) When required to fill engineer vacancies or assignments.
The exercise of seniority under this Article will be subject
to the advertisement, bidding, assignment, displacement and mileage rules on
the individual carriers.
NOTE: As to any carrier not subject to the National Diesel
Agreement of 1950 on January 24, 1964, the term “the ru1es in effect on January
24, 1964 respecting assignments (other than hostling assignments) to be manned
by firemen (helpers)” shall be substituted in this Article for the term “the
National Diesel Agreement of 1950."
Section 1.5 - Firemen (helpers) whose seniority as such is
established on or after
(a) When required to fu1fill experience requirements for
promotion, or engaged in a scheduled training program.
(b) When required to fill engineer vacancies or assignments.
This will not preclude the carrier from requiring firemen to
maintain proficiency as engineer and familiarity with operations and
territories by working specified assignments."
(7) Change Article
III, Section 4 to read as follows:
"Section 4(a) - All firemen (helpers) whose seniority
as such was established prior to November 1, 1985 will be provided employment
in accordance with the provisions of this Article until they retire,
resign, are discharged for good cause,
or are otherwise severed by natural attrition; provided, however, that such
firemen (helpers) may be furloughed if no assignment working without a fireman
(helper) exists on their seniority district which would have been available to
firemen (helpers) under the National Diesel Agreement of 1950 (as in effect on
January 24, 1964), and if no position on an extra list as required in Section 3
above exists on their seniority district, subject to Section 5 of this
Article."
"Section 4(b) - Firemen whose seniority as such is
established on or after
(8) Change Article
III, Section 5(a) to read as follows:
"Section 5(a) - With respect to firemen (helpers)
employed after
(9) Change Article IV,
Section 1 to read as follows:
"Section 1 - Firemen (helpers) who established a
seniority date as fireman prior to
(10) Change Article
IV, Section 2 to read as follows:
"(a) Except as modified hereinafter, assignments in
hostling service will continue to be filled when required by agreements in
effect on individual carriers.
(b) The carriers may discontinue using employees represented
by the Brotherhood of Locomotive Engineers as hostlers or hostler helpers
provided that it does not result in furlough of a fireman who established
seniority prior to November 1, 1985
nor the establishment of a hostler position represented by another
organization, and provided, further, that this provision will not act to
displace any employee who established seniority prior to November 1, 1985 and
who has no rights to service except
as hostler or hostler helper.
(c) Employees in engine service who established seniority
prior to
(d) Yard crews may perform hostling work without additional
payment or penalty to the carrier.'
ARTICLE - VIII -
RESERVE FIREMEN
The carrier shall have the right to offer 'Reserve Fireman'
status to any number of active firemen, working as such, with seniority as
firemen prior to
(1) An employee who chooses Reserve Fireman status must
remain in that status until he either (I) is recalled and returns to hostler or
engine service pursuant to Paragraph (2), (ii) is discharged from employment by
the carrier pursuant to Paragraph (2), (iii) is discharged from employment by
the carrier for other good cause, (iv) resigns from employment by the carrier,
(v) retires on an annuity (including a disability annuity) under the Railroad
Retirement Act, or (vi) otherwise would not be entitled to free exercise of
seniority under this Fireman Manning Agreement; whichever occurs first. If not
sooner terminated, Reserve Fireman status and all other employment rights of a
Reserve Fireman shall terminate when he attains age 70.
(2) Reserve Firemen must maintain their engine service and
hostler proficiencies while in such status, including successfully completing
any retraining or refresher programs that the carrier may require and passing
any tests or examinations (including physical examinations) administered for
purposes of determining whether such proficiencies and abilities have been
maintained. Reserve Firemen also must hold themselves available for return to
hostler and engine service upon seven days' notice, and must return to hostler
or engine service in compliance with such notice. Reserve Firemen shall be
recalled in reverse seniority order unless recalled for service as engineer.
Failure to comply with any of these requirements will result in forfeiture of
all seniority rights.
(3) Reserve Firemen shall be paid at 70% of the basic yard
fireman's rate for five days per week. No other payments shall be made to or on
behalf of a Reserve Fireman except (I) payment of premiums under applicable
health and welfare plans and, (ii) as may otherwise be provided for in this
Article. No deductions from pay shall be made on behalf of a Reserve Fireman
except (I) deductions of income, employment or payroll taxes (including
railroad retirement taxes) pursuant to federal, state or local law; (ii)
deductions of dues pursuant to an applicable union shop agreement and any other
deductions authorized by agreement, (iii) as may otherwise be authorized by
this Article and (iv) any other legally required deduction.
(4) Reserve Firemen shall be considered in active service
for the purpose of this Fireman Manning Agreement, including application of the
decline in business formula.
(5) Other non-railroad employment while in Reserve Fireman
status is permissible so long as there is no conflict of interest. There shall
be no offset for outside earnings.
(6) Vacation pay received while in Reserve Fireman status
will offset pay received under paragraph (3). Time spent in reserve status will
not count toward determining whether the employee is eligible for vacation in
succeeding years. It will count as time in determining the length of the
vacation to which an employee, otherwise eligible, is entitled.
(7) Reserve Firemen are not eligible for:
Personal Leave
Bereavement Leave
Jury Pay
Other similar special
allowances
(8) Reserve Firemen
are covered by:
Health and Welfare Plans
Union Shop
Dues Check-off
Discipline Rule
Grievance Procedure
that are applicable to firemen (helpers) in active service.
(9) When junior employees are in 'Reserve Fireman' status, a
senior active fireman may request such status. The carrier shall grant such a
request and, at its discretion, recall the junior 'Reserve Fireman."
Any conflict between the changes set forth herein and the
provisions of the July 19, 1972 Manning Agreement, as
revised, shall be resolved in
accordance with the provisions of this Agreement. On carriers where the Brotherhood of
Locomotive Engineers represents firemen and the provisions of the
(1) The craft or class of firemen* shall be eliminated
through attrition except to the extent necessary to provide the source of
supply for engineers and for designated passenger firemen, hostlers and hostler
helper positions.
*The term firemen as used in this Article, includes any
position, including apprentice, assistant or reserve engineer, the occupant of
which is in training for position of engineer or who is a qualified engineer
unable, because of seniority, to hold a position as engineer.
(2) Firemen whose seniority as such was established prior to
November 1, 1985 shall have the right to exercise their seniority on
assignments, on which immediately preceding the date of this agreement, they
were permitted to exercise seniority as firemen, and on available hostler and
hostler helper assignments subject to the following exceptions:
(a) when required to fulfill experience requirements for
promotion, or engaged in a scheduled training program
(b) when their services are required to qualify or fill
passenger or hostler or hostler helper vacancies under existing agreements
(c) when restricted to a particular position, assignment or
type of service for reasons including but not 1imited to physical disability,
discipline, failure to pass promotional examination or other cause
(d) when required to fill engineer vacancies or assignments.
The exercise of seniority under this Article will be subject
to the advertisement, bidding, assignment, displacement and mileage rules on
the individual carriers.
(3) Firemen whose seniority as such is established on or
after
(a) when required to fulfill experience requirements for
promotion, or engaged in a scheduled training program
(b) when required to fill engineer vacancies or assignments.
This will not preclude the carrier from requiring firemen to
maintain proficiency as engineer and familiarity with operations and
territories by working specified assignments.
(4) All firemen whose seniority as such was established
prior to November 1, 1985 will be provided employment in accordance with the
provisions of this Article until they retire, resign, are discharged for good
cause, or are otherwise severed by natural attrition provided, however, that
such firemen may be furloughed if no assignment working without a fireman
exists on their seniority district which would have been available to firemen
under agreements in effect immediately preceding the date of this agreement and
if no position on a fireman's extra list exists on their seniority district.
(5) Firemen whose seniority as such is established on or
after
(6) Firemen who established a seniority date as fireman prior
to
(7) (a) Except as modified hereinafter, assignments in
hostling service will continue to be filled when required by assignments in
effect on individual carriers.
(b) The carriers may discontinue using employees represented
by the Brotherhood of Locomotive Engineers as hostlers or hostler helpers
provided it does not result in furlough of a fireman who established seniority
prior to November 1, 1985 nor the establishment of a hostler position
represented by another organization, and provided further that this provision
will not act to displace any employee who established seniority prior to
November 1, 1985 and who has no rights to service except as hostler or hostler
helper.
(c) Employees in engine service who established seniority
prior to
(d) Yard crews may perform hostling work without additional
payment or penalty to the carrier.
(8) The carrier shall have the right to offer "Reserve
Fireman" status to any number of active firemen, working as such, with
seniority as firemen prior to
(a) An employee who chooses Reserve Fireman status must
remain in that status until he either (I) is recalled and returns to hostler or
engine service pursuant to Paragraph (b), (ii) is discharged from employment by
the carrier, pursuant to Paragraph (b), (iii) is discharged from employment by
the carrier for other good cause, (iv) resigns from employment by the carrier,
(v) retires on an annuity (including a disability annuity) under the Railroad
Retirement Act, or (vi) otherwise would not be entitled to free exercise of
seniority; whichever occurs first. If not sooner terminated, Reserve Fireman
status and all other employment rights of a Reserve Fireman shall terminate
when he attains age 70.
(b) Reserve Firemen must maintain their engine service and
hostler proficiencies while in such status, including successfully completing
any retraining or refresher programs that the carrier may require and passing
any test or examinations (including physical examinations) administered for
purposes of determining whether such proficiencies and abilities have been
maintained. Reserve Firemen also must hold themselves available for return to
hostler and engine service upon seven days' notice, and must return to hostler
or engine service in compliance with such notice. Reserve Firemen shall be
recalled in reverse seniority order unless recalled for service as engineer.
Failure to comply with any of these requirements will result in forfeiture of
all seniority rights.
(c) Reserve Firemen shall be paid at 70% of the basic yard
fireman's rate for five days per week. No other payments shall be made to or on
behalf of a Reserve Fireman except (I) payment of premiums under applicable
health and welfare plans and, (ii) as may otherwise be provided for in this
Article. No deductions from pay shall be made on behalf of a Reserve Fireman
except (I) deductions of income, employment or payroll taxes (including
railroad retirement taxes) pursuant to federal, state or local law; (ii)
deductions of dues pursuant to an applicable union shop agreement and any other
deductions authorized by agreement, (iii) as may otherwise be authorized by
this Article and (iv) any other legally required deduction.
(d) Reserve Firemen shall be considered in active service
for the purpose of any agreement respecting firemen's rights to work or in any
decline in business formula.
(e) Other non-railroad employment while in Reserve Fireman
status is permissible so long as there is no conflict of interest. There shall
be no offset for outside earnings.
(f) Vacation pay received while in Reserve Fireman status
will offset pay received under paragraph (c). Time spent in reserve status will
not count toward determining whether .he employee is eligible for vacation in
succeeding years. It will count as time in determining the length of the
vacation to which an employee, otherwise eligible, is entitled.
(g) Reserve Firemen are not eligible for:
Personal Leave
Bereavement Leave
Jury Pay
Other similar special
allowances
(h) Reserve Firemen are covered by:
Health and Welfare P1ans
Union Shop
Dues Check-off
Discipline Rule
Grievance Procedure
that are applicable to firemen in active service.
(I) When junior employees are in "Reserve Fireman"
status, a senior active fireman may request such status. The carrier shall
grant such a request and, at its discretion, recall the junior "Reserve
Fireman."
(9) Existing agreements providing for the furloughing of
firemen in event of decline in business or under emergency conditions shall
continue to apply.
(10) Any conflict between the changes set forth herein and
the provisions of existing agreements shall be resolved in accordance with the
provisions of this Agreement.
ARTICLE XIII -
RETENTION OF SENIORITY
Any existing condition which requires a locomotive engineer
(1) to forfeit ground service seniority, or (2) to forfeit locomotive engineer
seniority when working in ground service, is eliminated.
ARTICLE -XVII -
LOCOMOTIVE DESIGN, CONSTRUCTION AND MAINTENANCE
Section 1 -
Maintenance Of Locomotives
The parties recognize the importance of maintaining safe,
sanitary, and healthful cab conditions on locomotives.
This Agreement affirms the carriers' responsibility to
provide and maintain the aforementioned conditions particularly, although not
limited to, such locomotive cab conditions as: heating, watercoo1ers, toilet
facilities, insulation, ventilation-fumes, level of cab noise, visibility,
lighting and footing.
The parties recognize that one way to achieve and maintain
safe, sanitary, and healthful cab conditions on locomotives is by establishing
procedures on each railroad for monitoring cab conditions and expediting the
reporting and correction of maintenance deficiencies.
Section 2 -
Dispatchment Of Locomotive
A locomotive will not be dispatched in road service from
engine maintenance facilities where maintenance personnel are readily
available, and an engineer will not be required to operate the locomotive
pending corrective action, if the engineer registers a timely complaint with
supervision with respect to the controlling unit of the consist that is
determined on investigation to be valid concerning -
(a) the existence of a federal defect, as defined by the
Federal Railroad Administration, with respect to the following matters:
Exhaust gases
(ventilation)
Cab 1ights
Locomotive cab noise
Cabs, floors and
passageways (footing) (cab seats) (vision) (heat) and
(b) other conditions as follows:
Lack of clean, sanitary
toilet
Lack of adequate cooled,
potable water
Lack of adequate toi1et
paper or hand towe1s
Should the complaint be found valid, and if there is another
unit in that consist or otherwise readily available which will eliminate the
protest, the units will be rearranged provided such rearrangement will not
result in unreasonable delay to the train. If the engineer performs the work to
accomplish the rearrangement, no additional payment(s) will be allowed. If,
however, the official makes a good faith determination that the locomotive is
suitable for dispatch, the engineer will proceed with the assignment.
An engineer will invoke the foregoing right in good faith
and where a reasonab1e person would conclude that the carrier is in substantia1
non-compliance, i.e. more than technical non-compliance.
In determining the reasonableness of an engineer's
complaint, among the factors to be considered are the timeliness of the
complaint, the accessibility of the
means to take corrective action, the seriousness of the deficiency, the
engineer's ability or inability to correct the deficiency with means at his
disposal and whether or not an unreasonab1e train delay would be incurred.
Section 3 - Locomotive
Design and Construction
In recognition of the desirability of consultation with the
General Chairman (Chairmen) prior to the ordering of new Locomotives, or while formulating p1ans to modify or retrofit existing
locomotives, the parties agree that, before any design and construction changes
in locomotives are made which change safety or comfort features of the
locomotive, the designated officer of each individual railroad will contact the
General Chairman (Chairmen) providing him with the opportunity to furnish the
carrier with his recommendations for full and thoughtful consideration by the
carrier.
This Section 3 does not disturb existing local agreements
that set forth required specifications for particular locomotive appurtenances
or components.
The following examples illustrate
the application of the rule to employees whose earliest seniority date in
engine or train service is established on or after November 1, 1985:
This refers to Article VII, Road
Switchers of the Agreement of this date.
In the application of Section 1(c)
of the Article, it was understood that if a carrier without a pre-existing
right to reduce a seven day assignment described in Section 1(a) to a lesser
number of days reduces such an assignment to six days per week, the 48-minute
allowance will be payable to employees on the assignment whose seniority date
in engine or train service precedes November 1, 1985. If the carrier reduces
the same assignment from seven days to five, an allowance of 96 minutes would
be payable.
Conversely, if the carrier had the
pre-existing right to reduce a seven day assignment described in Section 1(a)
to six days per week, but not to five days, and reduced the seven day
assignment to six days per week, no allowance would be payable. If it reduced
the assignment from seven days to five days, an allowance of 48 minutes would
be payable.
This refers to Article VIII, Section
1(b), of the Agreement of this date which provides that only two straight pickups
or setouts will be made. This does not allow cars to be cut in behind other
cars already in the tracks or cars to be picked up from behind other cars
already in the tracks. It does permit the cutting of crossings, crosswalks,
etc., the spotting of cars setout, and the re-spotting of cars that may be
moved off spot in the making of the two straight setouts or pickups.
This refers to Section 1(b) of
Article VIII of the Agreement of this date which provides that two straight
pickups or setouts may be made without additional compensation.
It is understood that Section 1(b)
of Article VIII does not modify the provisions in Article V of the May 13, 1971
National Agreement pertaining to road crews handling solid trains in
interchange to or from a foreign carrier.
This refers to Article VIII - Road, Yard and Incidental Work
- of the Agreement of this date.
This confirms the understanding that the provisions in
Section 3 thereof, concerning incidental work, are intended to remove any
existing restrictions upon the use of employees represented by the BLE to
perform the described categories of work and to remove any existing
requirements that such employees, if used to perform the work, be paid an
arbitrary or penalty amount over and above the normal compensation for their
assignment. Such provisions are not intended to infringe upon the work rights
of another craft as established on any railroad.
It is further understood that paragraphs (a) and (c) of
Section 3 do not contemplate that the engineer will perform such incidental
work when other members of the crew are present and available.
This refers to Section 3, Incidental Work, of Article VIII.
It was understood that the reference to moving, turning,
spotting and fueling locomotives contained in Section 3(b) includes the
assembling of locomotive power, such as rearranging, increasing or decreasing
the locomotive consist. It is not contemplated that an engineer will be
required to place fuel oil or other supplies on a locomotive if another
qualified employee is available for that purpose.
This confirms our understanding with respect to Article IX
Interdivisional Service of the Agreement of this date.
On railroads that elect to preserve existing rules or
practices with respect to interdivisional runs, the rates paid for miles in
excess of the number encompassed in a basic day will not exceed those paid for
under Article IX, Section 2(b) of the Agreement of this date.
This refers to Article IX, Interdivisional Service, of the
Agreement of this date.
It was understood that except as provided herein, other
articles contained in this Agreement, such as (but not limited to) the final
terminals delay and deadhead articles, apply to employees working in
interdivisional service regardless of when or how such service was or is
established. However, overtime rules in interdivisional service that are more
favorable to the employee than Article IV, Section 2, of this Agreement will
continue to apply to employees who established seniority in engine service
prior to November 1, 1985 while such employees are working interdivisional runs
established prior to June 1, 1986.
Illustrations of maintaining present overtime rule for
existing interdivisional runs without standard overtime rules are shown below:
[Based on 104 mile basic day which becomes effective July 1, 1986~ Overtime
calculated on basis of 25 m.p.h.,
250 mile run
On duty 11 hours (1 Hour overtime)
Basic day of 104 miles
Daily rate $111.43
Mileage rate S1.0819
Pay:
Basic day $111.43
Overmiles (250-104)x$1.0819 157.96
Overtime 11-(250/25) x
(111.43/8)x1.5 20.89
Total $290.28
Overtime calculated after 9.5 Hour8
on duty
200 mile run
On duty 10 hours
Bas1c day of 104 miles
Dally rate $111.43
Mileage rate $ 1.0819
Pay:
Basic day $111.43
Overm1les (200-104)x$1.0819 $103.86
Overtime 10-9.5x($111.43/8)x1.5
$10.45
Total $225.74
The overtime provisions of Article
IX, Section 2, of this Agreement will apply to employees who established
seniority in engine service prior to
This refers to Article X of the National Agreement of this
date permitting certain locomotives which meet the basic minimum standards of
the home railroad or section of the home railroad to operate on other railroads
or sections of the home railroad.
In reviewing the current standards that exist on the major
railroads with respect to such locomotives, we recognized that while the
standards varied from one property to another with respect to various details,
the standards on all such railroads complied with the minimum essential
requirements necessary to permit their use in the manner provided in Article X.
For example, such minimum standards for locomotives would include a requirement
that there are a sufficient number of seats for all crewmembers riding in the
locomotive consist.
This will confirm our understanding during the negotiations
of the Agreement of this date that where hostler positions are filled by
employees not having firemen's seniority, that before a carrier discontinues a
hostler or hostler helper position pursuant to Article XII, Part A, Section
1(10) or Part B, Section 7(b) of this Agreement, it will be offered to
furloughed hostlers who have seniority prior to November 1, 1985, to work as
hostler or hostler helper at that location. If such hostlers only have point
seniority and there are no furloughed hostlers at such point, but there are
such hostlers on furlough with seniority prior to November 1, 1985 at another
point in the same geographical area, a vacancy will be offered to such hostlers
before a carrier discontinues a hostler or hostler helper position pursuant to
Article XII, Part A, Section 1(10) or Part B, Section 7(b) of this Agreement.
This will confirm our understanding during the negotiations of
the Agreement of this date that before a carrier discontinues a hostler or
hostler helper position pursuant to Article XII, Part A, Section 1(10) or Part
B, Section 7(b) of this Agreement, it will be offered to furloughed firemen who
have seniority prior to November 1, 1985, to work as hostler or hostler helper
at location where hostler or hostler helper job is to be discontinued. Such
employees will retain recall rights to engine service in accordance with
existing agreements.
This will confirm our understanding that the reference to
"another organization" in Article XII, Part A, Section 1 (10)(b), and
Part B, Section (7)(b) refers to a labor organization which does not hold
representation rights for engine or train service employees on the particular railroad
involved.
This will confirm our understanding during the negotiations
of the Agreement of this date that the term "active firemen, working as
such", appearing in Part A, Section 1, Paragraph (11) or Part B, Section 8
of Article XII, includes hostlers who have the right to work as locomotive
engineers.
This confirms our understanding that in implementation of
Article XII, Part B, of the Agreement reached this date, each carrier on which
Part B will become effective will meet with the appropriate BLE General
Chairman within 10 days for the purpose of reaching an understanding with
respect to existing rules covering locomotive firemen and hostlers which will
remain in effect, it being the intention of the parties that railroads which
are subject to Part B receive ,he same benefits therefrom as railroads which
are subject to Part A. Existing pay rates will remain in effect provided such
railroads continue to receive the benefits obtained when such pay rates were
negotiated.
In the event a carrier and the appropriate General Chairman
do not reach a satisfactory resolution within thirty days from the date of this
Agreement, the matter will be referred to the Informal Disputes Committee
established pursuant to Article XVI for expedited handling and final and
binding arbitration if required.
This refers to our discussions leading to the Agreement of
this date, particularly those provisions that relate to firemen. The carriers
explained that subject to legal requirements the source of supply for firemen
positions would be train service personnel as provided in the recent UTU
Agreement. We also explained that companion thereto in order to expand the
employment potential for present engineers and firemen, whether represented by
the BLE or UTU, all of these engine service personnel will be placed in
seniority order at the bottom of the appropriate train and/or ground service
seniority roster.
The BLE stated that in its capacity as the authorized
representative of employees who have seniority as engineers or who have
seniority as firemen, apprentice engineers or other comparable positions it had
a legitimate bargaining interest; in negotiating the issue of providing ground
service seniority to such employees not now having such seniority even where
the ground service crafts are represented by another organization, and insofar
as engineers and firemen who now hold or at one time did hold seniority in
ground service is concerned, BLE proposed that such employees should be granted
seniority as of their original date of hire as brakemen or groundmen.
The BLE also stated that in its capacity as the authorized
representative of employees who have seniority as engineers and/or firemen,
apprentice engineers or other comparable positions, it has a legitimate
bargaining interest in negotiating the issue of providing engine service
seniority to train and ground service employees not now having engine service
seniority where the ground service crafts are represented by another
organization.
The carriers responded that in their view the matter of
providing brakemen seniority to such BLE represented employees is a matter
between the carriers and the organization representing brakemen and groundmen,
not between the carriers and the BLE that does not represent those
classifications. However, the BLE, UTU and carriers, agree on the desirability
of engineers and firemen who do not have seniority in train or ground service
being given such seniority if they so desire. Therefore this will be done
without prejudice to the position of the BLE or the carriers to the extent
those positions differ as stated above. However, where this occurs the carriers
were not agreeable that such seniority should be retroactive to date of hire of
a brakemen or groundmen.
Insofar as providing engine service seniority to ground
service employees, the carriers position was that this was a matter between the
carriers and the organization representing firemen, which in many cases is not
the BLE; however, it was unnecessary to address any differences among the parties
because here, also, all parties agree that the source of supply for engine
service should be ground service employees, and will provide preferential
promotional opportunities on that basis.
This will confirm our understanding with respect to the pay
differential for an engineer working without a fireman and other related
matters:
(1) Pay Differential
(a) Notwithstanding the provisions of Article 1, Section
8(g) and (I) (ii) and Article IV, Section 1(a) of the Agreement of this date,
the differential of $4.00 per basic day in freight and yard service and 4 cents
per mile for miles in excess of the
number of miles encompassed in the basic day in freight service, currently
payable to an engineer working without a fireman on locomotives on which under
the former national Diesel Agreement of 1950 firemen would have been required,
shall be increased to $6.00 in three installments, $1.00 effective July 1,
1986, $.50 effective January 1, 1987; and $.50 effective January 1, 1988, and
to 6 cents per mile in three installments of 1 cent, one-half cent, and
one-half cent, respectively, on the same effective dates.
(b) An engineer working with a reduced train crew
(established pursuant to a crew consist agreement made subsequent to January 1,
1978) and without a fireman will be allowed the standard reduced train crew
allowance for that trip unless the engineer allowance for working without a
fireman is greater. In no event will there be any duplication or pyramiding of
payments. The term "standard reduced crew allowance" referred to
herein, is the $4.00 paid originally to the members of reduced train crews as
that amount has been modified by subsequent general and cost-of-living wage
increases.
(c) Existing notices with respect to adjusting the pay
differential for an engineer working without a fireman are disposed of by this
Agreement and notices concerning this subject are governed by the moratorium
provisions of Article XVIII, Section 2 of this Agreement. Existing notices designed to change the
compensation relationships between the engineer and other members of the crew
where such relationships have been changed because of a crew consist agreement
are disposed of by this Agreement and notices concerning this subject shall not
be served. However, if the special allowance currently payable to a conductor
working with one brakeman is subsequently increased for a conductor working
without any brakemen, the organization may serve and pursue to a conclusion as
hereafter provided proposals pursuant to the provisions of the Railway Labor
Act seeking to adjust compensation relationships for engineers on conductor
only assignments.
(d) Any additional allowance shall be limited in amount so
that when combined with the differential payable to an engineer working without
a fireman, the total amount for that trip or tour of duty shall be no greater
than the allowance paid to the conductor of that crew unless the present
engineer allowance for working without a fireman is greater. Where the present
engineer allowance is greater it shall be converted to the allowance payable to
the conductor when the latter allowance exceeds the former.
(e) Where the organization serves such a proposal as above
provided, the carrier may serve proposals pursuant to the provisions of the
Railway Labor Act for concurrent handling therewith that would achieve
offsetting productivity improvements and/or cost savings.
(f) In the event the parties on any carrier are unable to
resolve the respective proposals by agreement, the entire dispute will be submitted
to final and binding arbitration at the request of either party.
(2) Guaranteed Extra Boards
(a) Carriers that do not have the right to establish
additional extra boards or discontinue an extra board shall have that right.
(b) Upon thirty days' advance notice to the appropriate
general chairman, a carrier may establish additional extra boards. Upon request
of the general chairman, a meeting will be held to discuss the
proposed action. However, this shall not serve to delay the establishment of any
extra board.
(c) When an extra board is established under this rule it will, unless the general chairman is notified otherwise, protect all
jobs on that seniority district whose laying off and reporting points are
closer to the location of the extra board than to the locations of other extra
boards on that seniority district.
(d) The carrier will regulate the number of employees, if
any, assigned to such extra boards and will have the right to discontinue such
boards.
(e) While on an extra board established under this rule,
each employee will be guaranteed the equivalent of 3000 miles at the basic
through freight rate for each calendar month unless the employee is assigned to
an exclusive yard service extra board in which event the guarantee will be the
equivalent of 22 days' pay at the minimum 5-day yard rate for each calendar
month. All earnings during the month will apply against the guarantee. The
guarantees of employees who are on the extra board for part of a calendar month
will be pro rated.
(f) Except as hereinafter provided, if an employee is
suspended as a result of disciplinary action, lays off at his own request with
permission, is not available for personal reasons, or misses a call, earnings
lost as a result thereof, will be deducted from the monthly guarantee. Unless
the needs of the service dictate otherwise, employees assigned to an extra
board which protects yard service exclusively may lay off for a maximum of two
days per month without the earnings lost as a result thereof being deducted
from the monthly guarantee.
(g) The maximum number of guaranteed extra boards .hat can
be in operation on a carrier at any one time under this provision is three in
the territory of each regular source of supply point on that carrier.
(h) No existing guaranteed extra board will be supplanted by
a guaranteed extra board under this rule if the sole reason for the change is
to reduce the guarantee applicable to employees on the extra board.
(i) This rule will not be construed as restricting any
existing rights of a carrier to establish or discontinue extra boards. The
rights conferred by this rule are in addition to preexisting rights.
This letter of understanding shall not apply on carriers
that have agreements with the organization adjusting the compensation of
engineers in response to the change in compensation relationships between
engineers and other members of the crew brought about by crew consist
agreements unless the appropriate BLE General Chairman elects to adopt this
letter agreement in lieu of the compensation adjustments provided in such
agreement. Such election must be exercised on or before 45 days following the
date of this Agreement. If such election is made, the provisions of such local
agreements concerning matters other than compensation shall be retained.
Where the General Chairman does not elect to substitute this
letter of understanding as provided for in the paragraph above and, therefore,
the local agreement remains in effect in its entirety and such local agreement
contains a moratorium provision, it is agreed that any special allowance
provided for therein that is subject to being increased by general wage
increases shall be excluded from the provisions of Article I, Section 8(a),
Article II, Section 1(b) and (d), and Article IV, Section 5(a) and (b).
This refers to Letter of Understanding No. 20 and the
application of paragraph (b) of (1) Pay Differential with respect to railroads
where the BLE has outstanding Section 6 notices to change the compensation
relationships between the engineer and other members of the crew where such
relationships have been changed because of a crew consist agreement subsequent
to January 1, 1978.
This confirms our understanding that on such properties the
provisions of paragraph (b) apply automatically without further need to confer.
Furthermore, when, in the future, any carrier makes a crew
consist agreement as described in the first paragraph, the provision of
paragraph (b) under Pay Differential will automatically apply.
APPLICATION OF
LETTER AGREEMENT WITH RESPECT TO INTERCRAFT PAY RELATIONSHIPS
The following examples illustrate the maximum allowances
that can be obtained under the letter agreement of this date with respect to
intercraft pay relationships:
Example 1 - An engineer is on a reduced crew operating a distance of
127 miles in a class of service which has a basic day encompassing 104 miles
(July 1, 1986). There is no fireman on the crew. The time consumed on the trip
is 9 hours. No duplicate time payments expressed in hours or miles are paid.
The conductor is receiving a reduced crew allowance of $7.31. What would the
engineer be paid?
A. The differential provided in letter agreement #20 for
operating without a fireman would pay him:
104 miles $5.00
23 miles 1.15
TOTAL $6.15
Since this is 1ess than the amount the conductor is receiving,
the engineer would be paid the $7.31 reduced crew allowance.
Example 2 - What would the engineer in example 1 be paid if the
allowance paid to the conductor was subsequent1y increased to $8.00?
A. The engineer would be paid $8.00
Example 3 - What would the allowance be if the engineer in example 1
were on an assignment operating a distance of 204 miles?
A. The differential provided in letter agreement #20 for
operating without a fireman would pay the engineer $10.00. Since this is more
than the amount the conductor is receiving, the engineer would receive nothing
additional.
Example 4 - What would the allowance be if the engineer in example 1
had earned two hours overtime on the trip?
A. The standard rule for operating without a fireman would
pay the engineer as follows
Basic
Day $5.00
Over-mi1es
(23)
1.15
Overtime
(2 hours) 1.88
Total $8.03
This is more than what the conductor received, so the
engineer would receive nothing additional.
Example 5 - An engineer is on a reduced crew operating a distance of
127 miles in a class of service which has a basic day encompassing 106 miles
(January 1, 1988). There is no fireman on the crew. The time consumed on the
trip is 9 hours. No duplicate time payments expressed in hours or miles are
paid. The conductor on that railroad is receiving a reduced crew allowance of
$7.87. What would the engineer be paid?
A. The differential provided in letter
agreement #20 for operating without a fireman would pay him:
106 miles $6.00
21 miles 1.26
Total $7.26
Since this is less than the amount the conductor is
receiving, the engineer would be paid the reduced crew allowance of $7.87.
During the negotiations that led to the Agreement of this
date, the representatives of the Brotherhood of Locomotive Engineers expressed
concern as to the possible erosion of the traditional authority and
responsibility vested in the engineer while operating a locomotive in those
situations where the conductor and any other train crew members are located on
the locomotive because of the elimination of the caboose.
The carriers responded that the responsibility and authority
of the engineer is not a collective bargaining subject; rather i. is a matter
of operational policy subject to operating rules and/or other management
instructions. The BLE did no. agree on this point but the matter was resolved
on the basis of the carriers' statement .hat the removal of cabooses and the
consequent relocation of train crew personnel to the locomotive cab did not
diminish nor otherwise alter the authority and responsibility of the engineer.
Because of the significance the BLE attaches to this matter,
I am sending a copy of this letter to the Member Lines to advise them that
while nothing has been said or done
in our negotiations to change any railroad's rules, policies or management
practices, we have assured the BLE that the elimination of cabooses and
relocation of train service personnel does not alter .hose rules, policies or
management practices.
JOINT STATEMENT
CONCERNING EFFORTS TO IMPROVE THECOMPETITIVE ABILITIES OF THE INDUSTRY
This refers to our discussions during the recent
negotiations with respect to improving our industry's ability to compete
effectively with other modes of transportation and to attract new business to
the railroads.
We recognize that opportunities will present themselves on
railroads to promote new business and preserve existing business by providing
more efficient and more expedient service. It is our mutual objective to
provide this improved service by making changes, as may be necessary, in
operations and with agreement rule exceptions and accommodations in specific
situations and circumstances.
It is difficult to list specific rules or operations .hat
might need modifications or exceptions in order to provide the services that
may be necessary to obtain and operate new business that can be obtained from
other modes of transportation. We are in agreement, however, that necessary
operational changes and rules modifications or exceptions should be encouraged
to obtain new business, preserve specifically endangered business currently
being hauled, or to significantly improve the transit time of existing freight
movements.
We recognize .hat attracting new business and retaining
present business depends not only on reducing service costs, but also on
improving service to customers.
During our discussions, the Lake Erie Plan was advanced by
BLE, in part, as a collective bargaining proposal and as a representation of
the BLE's search for a possible approach to enhanced competitive strength for
the industry. Although the significance of the plan may not necessarily be in
the specifics, the underlying goal of realizing the industry's full potential
in the transportation marketplace is such that further consideration of such
concepts may be warranted as a means of achieving this goal by cooperative,
aggressive undertakings by the BLE, the UTU and the railroads.
The Informal Disputes Committee will encourage expedited
resolutions on individual railroads consistent with these goals and will
provide counsel, guidelines and other assistance in making necessary
operational and or agreement rule changes to provide the type service necessary
to meet these goals.
We sincerely believe that cooperation between the management
and the employees will result. in more business and job opportunities and
better service which will insure our industry's future strength and growth.
(Signatures not reproduced)
SIDE LETTERS TO THE AWARD OF ARBITRATION BOARD NO. 458
In accordance with our understanding, this is to confirm
that the carriers will make their best efforts to provide the lump sum payment
provided for in Article III of this Agreement in a single, separate check
within sixty (60) days.
If a carrier finds it impossible to make such payments
within sixty (60) days, it is understood that such carrier will notify the
General Chairmen, in writing, as to why such payments have not been made and
indicate when it will be possible to make such payments.
Letter #2
It is understood that the lump sum payment provided in
Article III of the Agreement of this date will not be used to offset, construct
or increase guarantees in protective agreements or arrangements.
Letter #3
This confirms our understanding that the provisions of
Article IX - Entry Rates of the July 26, 1978 National Agreement shall no
longer apply on railroads parties to this Agreement except, however, that such
Article or local rules or practices pertaining to this subject shall continue
to apply to employees previously covered by such rules.
Letter #3A
This refers to Article V of the Agreement of this date
concerning the final terminal delay rule, particularly our understanding with
respect to the use of the term "deliberately delayed" in Section 1 of
that Article.
During the discussions that led to our Agreement, you
expressed concern with situations where a crew was instructed to stop and was
held outside the terminal between the last siding or station and the point
where final terminal delay begins and there was no operational impediment to
the crew bringing its train into the terminal; i.e., the train was deliberately
delayed by yard supervision. Accordingly, we agreed that Section 1 would
comprehend such situations.
On the other hand, the carriers were concerned that the term
"deliberately delayed" not be construed in such a manner as to
include time when crews were held between the last siding or station and the
point where final terminal delay begins because of typical railroad operations,
emergency conditions, or appropriate managerial decisions. A number of examples
were cited including, among others, situations where a train is stopped: to
allow another train to run around it; for a crew to check for hot boxes or
defective equipment; for a crew to switch a plant; at a red signal (except if
stopped because of a preceding train which has arrived at final terminal delay
point and is on final terminal time, the time of such delay by the crew so stopped
will be calculated as final terminal delay); because of track or signal
maintenance or construction work; to allow an outbound train to come out of the
yard; and because of a derailment inside the yard which prevents the train held
from being yarded on the desired track, e.g., the receiving track. We agreed
that Section 1 did not comprehend such conditions.
Letter #3B
This refers to Article V of the Agreement of this date
concerning the payment of mileage operated in the final terminal in the
application of the final terminal delay rule.
In accordance with Article V, final terminal delay is to be
computed from the time the engine reaches the switch used in entering the final
yard within a terminal where the train is to be left or yarded until finally relieved
from duty.
In the application of such provision, on railroads where
road mileage ends at present FTD points, road mileage will be adjusted by the
distance between the present FTD point(s) and new FTD point(s) established by
this Article V.
On railroads which presently compute trip mileage (1) from
center of the yard at the initial terminal to center of the yard at the final
terminal, (2) from roundhouse at the initial terminal to the roundhouse at the
final terminal, (3) on basis of established mileage as agreed upon regardless
of the location in the final terminal where trains are actually yarded, or (4)
under similar situations, such trip mileage will continue to apply and the
60-minute period referred to in Article V will be extended pursuant to Section
2 thereof for trip mileage allowed after passing new FTD point(s).
Letter #4
EXAMPLES OF
APPLICATION OF DEADHEAD RULE, ARTICLE VI
The following examples illustrate application of the rule to
all employees regardless of when their seniority date in engine service was
established, except where specifically stated otherwise:
1. What payment would be due an engineer who performed road
service from A, the home terminal, to B, the away-from-home terminal, a
distance of 170 miles, and deadheaded from B to A, with the service and
deadhead combined between A-B-A?
A. A minimum day and 70 over-miles for the service and a
minimum day and 70 over-miles for the deadhead.
2. What would be the payment under Question 1 if the
distance between A and B were 75 miles?
A. A minimum day and 50 over-miles.
3. What payment would be due an engineer who performed road
service from A to B, a distance of 170 miles, taking rest at B, and then being
deadheaded separate and apart from service from B to A, with the deadhead
consuming 8 hours?
A. A minimum day and 70 over-miles for the service trip from
A to B, and a minimum day at the basic rate applicable to the class of service
in connection with which the deadheading is performed.
4. What payment would be due an engineer who performed road
service from A to B, a distance of 170 miles, taking rest at B, and then
deadheading separately from service B to A, with the deadhead being completed
in 10 hours?
A. He would be paid a minimum day and 70 over-miles for the
service trip from A to B, and 10 hours straight time rate of pay at the basic
rate applicable to the class of service in connection with which the
deadheading is performed.
5. An engineer operates a train from his home terminal,
point A, to the away-from-home terminal, point B, a distance of 170 miles. Upon
arrival at the away-from-home terminal, he is ordered to deadhead, separate and
apart from service, to the home terminal. The time deadheading is 5 hours. What
payment is due?
A. A minimum day plus 70 over-miles for service. A minimum day for deadhead if employees'
seniority in engine or train service antedates
6. Would at least a minimum day at the basic rate applicable
to the class of service in connection with which the deadheading is performed
be paid when a deadhead is separate and apart from service and the actual time
consumed is the equivalent of a minimum day or less?
A. Yes, for employees whose seniority in engine or train
service antedates
7. An engineer is called to deadhead from point A to point
B, a distance of 50 miles, to operate a train back to point A. He is instructed
to combine deadhead and service. Total elapsed time for the deadhead and
service is 7 hours, 30 minutes. What payment is due?
A. A minimum day.
8. An engineer is called to deadhead from point A to point
B, a distance of 50 miles, to operate a train from point B to point C, a
distance of 75 miles. He is instructed to combine deadhead and service. Total
elapsed time is 10 hours. What payment is due?
A. A minimum day plus 25 over-miles.
9. An engineer operates a train from point A to point B, a
distance of 50 miles. He is ordered to deadhead back to point A, service and
deadhead combined. Total elapsed time, 8 hours, 30 minutes. What payment is
due?
A. A minimum day plus 30 minutes overtime.
10. An engineer operates a train from his home terminal,
point A, to the away-from-home terminal, point B, a distance of 275 miles.
After rest, he is ordered to deadhead, separate and apart from service, to the
home terminal. Time deadheading is 9 hours, 10 minutes. What payment is due?
A. A minimum day plus 175 over-miles for service, 9 hours,
10 minutes straight time for the deadhead.
11. How is an engineer to know whether or not deadheading is
combined with service?
A. When deadheading for which called is combined with subsequent service, the engineer should be notified when called. When deadheading is to be combined with prior service, the engineer should be notified before being relieved from service. If not so notified, deadheading and service cannot be combined.
The following examples illustrate the application of the
rule to employees whose earliest seniority
date in engine or train service is established on or after
1. An engineer is called to deadhead from his home terminal
to an away-from-home point. He last performed service 30 hours prior to
commencing the deadhead trip. The deadhead trip consumed 5 hours and was not
combined with the service trip. The service trip out of the away-from-home
terminal began within 6 hours from the time the deadhead trip was completed.
What payment is due?
A. 5 hours at the straight time rate.
2. What payment would have been made to the engineer in
example 1 if the service trip out of the away-from-home terminal had begun 17
hours after the time the deadhead trip ended, and the held-away rule was not
applicable?
A. A minimum day for the deadhead.
3. What payment would have been made to the engineer in
example 1 if the service trip out of the away-from-home terminal had begun 18
hours after the time the deadhead trip ended, and the engineer received 2 hours
pay under the held-away rule?
A. 6 hours at the straight time rate.
4. An engineer is deadheaded to the home terminal after
having performed service into the away-from-home terminal. The deadhead trip,
which consumed 5 hours and was not combined with the service trip, commenced 8
hours after the service trip ended. What payment is due?
A. 5 hours at the straight time rate.
5. What payment would have been made to the engineer in
example 4 if the deadhead trip had begun 18 hours after the service trip ended
and the held-away rule was not applicable?
A. A minimum day for the deadhead.
6. What payment would have been made to the engineer in
example 4 if the deadhead trip had begun 18 hours after the time the service
trip ended and the engineer received 2 hours pay under the held-away rule?
A. 6 hours at the straight time rate.
7. An engineer is deadheaded from the home terminal to an
away-from-home location. Ten (10) hours after completion of the trip, he is
deadheaded to the home terminal without having performed service. The deadhead
trips each consumed two hours. What payment is due?
A. A minimum day for the combined deadhead trips.
NOTE: The amount of over-miles shown in the examples is on
the basis of a 100-mile day. The number of over-miles will be reduced in
accordance with the application of Article IV, Section 2, of this Agreement.
This refers to Article VII, Road Switchers of the Agreement
of this date.
In the application of Section 1(c) of the Article, it was
understood that if a carrier without a pre-existing right to reduce a seven day
assignment described in Section 1(a) to a lesser number of days reduces such an
assignment to six days per week, the 48-minute allowance will be payable to
employees on the assignment whose seniority date in engine or train service
precedes November 1, 1985. If the carrier reduces the same assignment from
seven days to five, an allowance of 96 minutes would be payable.
Conversely, if the carrier had the pre-existing right to
reduce a seven day assignment described in Section 1(a) to six days per week,
but not to five days, and reduced the seven day assignment to six days per
week, no allowance would be payable. If it reduced the assignment from seven
days to five days, an allowance of 48 minutes would be payable.
This refers to Article VIII, Section 1(b), of the Agreement
of this date which provides that only two straight pickups or setouts will be
made. This does not allow cars to be cut in behind other cars already in the
tracks or cars to be picked up from behind other cars already in the tracks. It
does permit the cutting of crossings, crosswalks, etc., the spotting of cars
setout, and the re-spotting of cars that may be moved off spot in the making of
the two straight setouts or pickups.
This refers to Section 1(b) of Article VIII of the Agreement
of this date which provides that two straight pickups or setouts may be made
without additional compensation.
It is understood that Section 1(b) of Article VIII does not
modify the provisions in Article V of the May 13, 1971 National Agreement
pertaining to road crews handling solid trains in interchange to or from a
foreign carrier.
This refers to Article VIII - Road, Yard and Incidental Work
- of the Agreement of this date.
This confirms the understanding that the provisions in
Section 3 thereof, concerning incidental work, are intended to remove any
existing restrictions upon the use of employees represented by the BLE to
perform the described categories of work and to remove any existing
requirements that such employees, if used to perform the work, be paid an
arbitrary or penalty amount over and above the normal compensation for their
assignment. Such provisions are not intended to infringe upon the work rights
of another craft as established on any railroad.
It is further understood that paragraphs (a) and (c) of
Section 3 do not contemplate that the engineer will perform such incidental
work when other members of the crew are present and available.
Letter #8
This refers to Section 3, Incidental Work, of Article VIII.
It was understood that the reference to moving, turning,
spotting and fueling locomotives contained in Section 3(b) includes the
assembling of locomotive power, such as rearranging, increasing or decreasing
the locomotive consist. It is not contemplated that an engineer will be
required to place fuel oil or other supplies on a locomotive if another
qualified employee is available for that purpose.
Letter #9
This confirms our understanding with respect to Article IX
Interdivisional Service of the Agreement of this date.
On railroads that elect to preserve existing rules or
practices with respect to interdivisional runs, the rates paid for miles in
excess of the number encompassed in a basic day will not exceed those paid for
under Article IX, Section 2(b) of the Agreement of this date.
Letter #9A
This refers to Article IX, Interdivisional Service, of the
Agreement of this date.
It was understood that except as provided herein, other
articles contained in this Agreement, such as (but not limited to) the final
terminal delay and deadhead articles, apply to employees working in
interdivisional service regardless of when or how such service was or is
established. However, overtime rules in interdivisional service that are more
favorable to the employee than Article IV, Section 2, of this Agreement will
continue to apply to employees who established seniority in engine service
prior to November 1, 1985 while such employees are working interdivisional runs
established prior to June 1, 1986.
Illustrations of maintaining present overtime rule for
existing interdivisional runs without standard overtime rules are shown below:
(Based on 104 mile basic day which becomes effective July 1, 1986)
Overtime calculated on
basis of 25 m.p.h.,
250
mile run
On
duty 11 hours (1 Hour overtime)
Basic
day of 104 miles
Daily
rate $111.43
Mileage
rate $1.0819
Pay:
Basic
day $111.43 Overmiles (250-104)x$1.0819 $157.96
Overtime11-(250/25)x(111.43/8)x1.5 $ 20.89
Total $290.28
Overtime
calculated after 9.5 hours on duty
200
mile run
On
duty 10 hours
Basic
day of 104 miles
Daily
rate $111.43
Mileage
rate $1.0819
Pay:
Basic Day $111.43
Overmiles
(200-104)x$1.0819 $103.86
Overtime
10-9.5x($111.43/8)x1.5 $ 10.45
Total $225.74
The overtime provisions of Article
IV, Section 2, of this Agreement will apply to employees who established
seniority in engine service prior to
Letter #10
This refers to Article X of the National Agreement of this
date permitting certain locomotives which meet the basic minimum standards of
the home railroad or section of the home railroad to operate on other railroads
or sections of the home railroad.
In reviewing the current standards that exist on the major
railroads with respect to such locomotives, we recognized that while the
standards varied from one property to another with respect to various details,
the standards on all such railroads complied with the minimum essential
requirements necessary to permit their use in the manner provided in Article X.
For example, such minimum standards for locomotives would include a requirement
that there are a sufficient number of seats for all crewmembers riding in the
locomotive consist.
Letter #11
This will confirm our understanding during the negotiations
of the Agreement of this date that where hostler positions are filled by
employees not having firemen's seniority, that before a carrier discontinues a
hostler or hostler helper position pursuant to Article XII, Part A, Section
1(10) or Part B, Section 7(b) of this Agreement, it will be offered to
furloughed hostlers who have seniority prior to November 1, 1985, to work as
hostler or hostler helper at that location. If such hostlers only have point seniority
and there are no furloughed hostlers at such point, but there are such hostlers
on furlough with seniority prior to November 1, 1985 at another point in the
same geographical area, a vacancy will be offered to such hostlers before a
carrier discontinues a hostler or hostler helper position pursuant to Article
XII, Part A, Section 1(10) or Part B, Section 7(b) of this Agreement.
Letter #12
This will confirm our understanding during the negotiations
of the Agreement of this date that before a carrier discontinues a hostler or
hostler helper position pursuant to Article XII, Part A, Section 1(10) or Part
B, Section 7(b) of this Agreement, it will be offered to furloughed firemen who
have seniority prior to November 1, 1985, to work as hostler or hostler helper
at location where hostler or hostler helper job is to be discontinued. Such
employees will retain recall rights to engine service in accordance with
existing agreements.
Letter #12A
This will confirm our understanding that the reference to
"another organization" in Article XII, Part A, Section 1 (10)(b), and
Part B, Section (7)(b) refers to a labor organization which does not hold
representation rights for engine or train service employees on the particular
railroad involved.
Letter #13
This will confirm our understanding during the negotiations
of the Agreement of this date that the term "active firemen, working as
such", appearing in Part A, Section 1, Paragraph (11) or Part B, Section 8
of Article XII, includes hostlers who have the right to work as locomotive
engineers.
Letter #14
This confirms our understanding that in implementation of
Article XII, Part B, of the Agreement reached this date, each carrier on which
Part B will become effective will meet with the appropriate BLE General Chairman
within 10 days for the purpose of reaching an understanding with respect to
existing rules covering locomotive firemen and hostlers which will remain in
effect, it being the intention of the parties that railroads which are subject
to Part B receive the same benefits therefrom as railroads which are subject to
Part A. Existing pay rates will remain in effect provided such railroads
continue to receive the benefits obtained when such pay rates were negotiated.
In the event a carrier and the appropriate General Chairman
do not reach a satisfactory resolution within thirty days from the date of this
Agreement, the matter will be referred to the Informal Disputes Committee
established pursuant to Article XVI for expedited handling and final and binding
arbitration if required.
Letter #15
This refers to our discussions leading to the Agreement of
this date, particularly those provisions that relate to firemen. The carriers
explained that subject to legal requirements the source of supply for firemen
positions would be train service personnel as provided in the recent UTU
Agreement. We also explained that companion thereto in order to expand the
employment potential for present engineers and firemen, whether represented by
the BLE or UTU, all of these engine service personnel will be placed in
seniority order at the bottom of the appropriate train and/or ground service
seniority roster.
The BLE stated that in its capacity as the authorized
representative of employees who have seniority as engineers or who have
seniority as firemen, apprentice engineers or other comparable positions it had
a legitimate bargaining interest in negotiating the issue of providing ground
service seniority to such employees not now having such seniority even where
the ground service crafts are represented by another organization, and insofar
as engineers and firemen who now hold or at one time did hold seniority in
ground service is concerned, BLE proposed that such employees should be granted
seniority as of their original date of hire as brakemen or groundmen.
The BLE also stated that in its capacity as the authorized
representative of employees who have seniority as engineers and/or firemen,
apprentice engineers or other comparable positions, it has a legitimate
bargaining interest in negotiating the issue of providing engine service
seniority to train and ground service employees not now having engine service
seniority where the ground service crafts are represented by another
organization.
Letter #15A
The carriers responded that in their view the matter of
providing brakemen seniority to such BLE represented employees is a matter
between the carriers and the organization representing brakemen and groundmen,
not between the carriers and the BLE that does not represent those classifications.
However, the BLE, UTU and carriers, agree on the desirability of engineers and
firemen who do not have seniority in train or ground service being given such
seniority if they so desire. Therefore this will be done without prejudice to
the position of the BLE or the carriers to the extent those positions differ as
stated above. However, where this occurs the carriers were not agreeable that
such seniority should be retroactive to date of hire as brakemen or groundmen.
Insofar as providing engine service seniority to ground
service employees, the carriers position was that this was a matter between the
carriers and the organization representing firemen, which in many cases is not
the BLE; however, it was unnecessary to address any differences among the
parties because here, also, all parties agree that the source of supply for
engine service should be ground service employees, and will provide
preferential promotional opportunities on that basis.
Letter #16
This confirms our understanding with respect to
incorporating a Hospital Pre-Admission and Utilization Review Program as part
of the benefits provided under the Railroad Employees National Health and
Welfare Plan in accordance with Article XV, Section 2(a) of the Agreement of
this date.
By agreeing to this benefit program, our principal
objectives are to reduce in-patient hospital utilization thereby minimizing
exposure to risks of hospitalization or unduly prolonged hospitalization and
the risks of unnecessary surgery by encouraging both employee and physician to
make the most patient-sensitive and at the same time cost-effective decisions
about treatment alternatives.
The program accomplishes these objectives by providing to
employees and other beneficiaries ready access to knowledgeable professional
personnel when making decisions about their health care. A number of
patient-centered services are provided and designed in a manner so as not to
impose significant added burdens on individual employees. The comprehensive
guidance and support structure begins prior to planned hospitalization and
continues through any recovery period.
Specifically, the program shall include review of the propriety of hospital admission (including consideration of health care alternatives such as the use of ambulatory centers or out-patient treatment) benefit counseling, the plan of treatment including the length of confinement, the appropriateness of a second surgical opinion, discharge planning and the use of effective alternative facilities during convalescence.
Letter #16A
We have attached to this letter descriptions of programs
currently offered by three leaders in this field that describe in greater
detail the operations of these programs and what specifically is involved.
These attachments are intended as informational only, describing the kind of
program we will establish, and do not suggest that the program we ultimately
adopt is limited to what is described or is to be administered by these
particular parties.
In order that the program achieves its intended objectives,
we have agreed to institute appropriate incentives. For those employees who use
the program, plan benefits will be paid as provided and the employee and family
will receive the full protection and security of professionals managing their
hospital confinement and recovery. For employees who do not use the program,
plan benefits will be paid only under the Major Medical Expense Benefit portion
of the Plan with the Plan paying 65%, rather than 80%, of covered expenses.
However, a maximum total employee expense limitation - "stop-loss" will
be maintained.
We recognize that the program described cannot be
implemented overnight but will require careful review and examination on the
part of us all and will include, as well, time to inform the employees and
other beneficiaries covered under the Plan. Furthermore, it is anticipated that
the program will include use of alternative facilities, such as home health
care options, hospices, office surgery, ambulatory surgicenters and birthing
centers, some of which are either not covered under the Plan now or are not
available in the manner envisioned under this new program. Thus, for these
reasons we have agreed that implementation of the program will not occur until
practicable and that the intervening time will be used to assure that its
adoption shall be a constructive and useful addition to the benefits currently
provided under the Plan.
Letter #17
This confirms our understanding with respect to the
appointment of a neutral person to serve as chairman of the Special Committee
established pursuant to Article XV, Section 3, of .he Agreement of this date.
In the event we are unable to agree on such a person, the
parties will seek the assistance of an appropriate third party for the purpose
of providing assistance in identifying individuals qualified to serve in this
capacity.
Letter #18
This is to advise you that I am agreeable to the provisions
of Article XV Health and Welfare Plan except that in Section 2 (a),
"Hospital Pre-Admission and Utilization Review Program", I will agree
to the concept of the "Pre-Admission and Utilization Review Program"
and will agree to its implementation after the Policyholders have met jointly
with representatives of Travelers and have agreed on the changes and understandings
that will be necessary to implement the program. There must be ample lead time
to insure that all covered employees can be notified of the implementation date
and will have adequate information about the plan so that they can comply with
their responsibilities in the event they qualify for benefits under the plan.
I take no exceptions to the use of surplus funds, the
Reinsurance proposal, the Special Committee and/or the moratorium proposals.
Letter #19
This confirms our understanding with respect to
incorporating a Hospital Pre-Admission and Utilization Review Program as part
of the benefits provided under the Railroad Employees National Health and
Welfare Plan in accordance with Article XV, Section 2(a) of the Agreement of
this date.
We recognize that a similar program would be equally
appropriate to include as part of the Early Retirement Major Medical Benefit
Plan.
Therefore, this confirms our understanding that the program
developed for the Health and Welfare Plan shall also be incorporated, with
appropriate revisions, if necessary, as part of the Early Retirement Major
Medical Benefit Plan as well.
Letter #20
This will confirm our understanding with respect to the pay
differential for an engineer working without a fireman and other related matters:
(1) Pay Differential
(a) Notwithstanding the provisions of Article 1, Section
8(g) and (i) (ii) and Article IV, Section 1(a) of the Agreement of this date,
the differential of $4.00 per basic day in freight and yard service and 4 cents
per mile for miles in excess of the number of miles encompassed in the
basic day in freight service, currently payable to an engineer working without
a fireman on locomotives on which under the former National Diesel Agreement of
1950 firemen would have been required, shall be increased to $6.00 in three
installments, $1.00 effective July 1, 1986, $.50 effective January 1, 1987; and
$.50 effective January 1, 1988, and to 6 cents per mile in three installments
of 1 cent, one-half cent, and one-half cent, respectively, on the same
effective dates.
(b) An engineer working with a reduced train crew (established pursuant to a crew consist agreement made subsequent to January 1, 1978) and without a fireman will be allowed the standard reduced train crew allowance for that trip unless the engineer allowance for working without a fireman is greater. In no event will there be any duplication or pyramiding of payments. The term "standard reduced crew allowance" referred to herein, is the $4.00 paid originally to the members of reduced train crews as that amount has been modified by subsequent general and cost-of-living wage increases.
(c) Existing notices with respect to adjusting the pay
differential for an engineer working without a fireman are disposed of by this
Agreement and notices concerning this subject are governed by the moratorium
provisions of Article XVIII, Section 2 of this Agreement. Existing notices
designed to change the compensation relationships between the engineer and
other members of the crew where such relationships have been changed because of
a crew consist agreement are disposed of by this Agreement and notices
concerning this subject shall not be served. However, if the special allowance
currently payable to a conductor working with one brakeman is subsequently
increased for a conductor working without any brakemen, the organization may
serve and pursue to a conclusion as hereafter provided proposals pursuant to
the provisions of the Railway Labor Act seeking to adjust compensation
relationships for engineers on conductor only assignments.
(d) Any additional allowance shall be limited in amount so
that when combined with the differential payable to an engineer working without
a fireman, the total amount for that trip or tour of duty shall be no greater
than the allowance paid to the conductor of that crew unless the present
engineer allowance for working without a fireman is greater. Where the present
engineer allowance is greater it shall be converted to the allowance payable to
the conductor when the latter allowance exceeds the former.
(e) Where the organization serves such a proposal as above
provided, the carrier may serve proposals pursuant to the provisions of the
Railway Labor Act for concurrent handling therewith that would achieve
offsetting productivity improvements and/or cost savings.
(f) In the event the parties on any carrier are unable to
resolve the respective proposals by agreement, the entire dispute will be
submitted to final and binding arbitration at the request of either party.
(2) Guaranteed Extra Boards
(a) Carriers that do not have the right to establish
additional extra boards or discontinue an extra board shall have that right.
(b) Upon thirty days' advance notice to the appropriate general chairman, a carrier may establish additional extra boards. Upon request of the general chairman, a meeting will be held to discuss the proposed action. However, this shall not serve to delay the establishment of any extra board.
(c) When an extra board is established under this rule it will,
unless the general chairman is notified otherwise, protect all jobs on that
seniority district whose laying off and reporting points are closer to the
location of the extra board than to the locations of other extra boards on that
seniority district.
(d) The carrier will regulate the number of employees, if
any, assigned to such extra boards and will have the right to discontinue such
boards.
(e) While on an extra board established under this rule,
each employee will be guaranteed the equivalent of 3000 miles at the basic
through freight rate for each calendar month unless the employee is assigned to
an exclusive yard service extra board in which event the guarantee will be the
equivalent of 22 days' pay at the minimum 5-day yard rate for each calendar
month. All earnings during the month will apply against the guarantee. The
guarantees of employees who are on the extra board for part of a calendar month
will be pro rated.
(f) Except as hereinafter provided, if an employee is
suspended as a result of disciplinary action, lays off at his own request with
permission, is not available for personal reasons, or misses a call, earnings
lost as a result thereof will be deducted from the monthly guarantee. Unless
the needs of the service dictate otherwise, employees assigned to an extra
board which protects yard service exclusively may lay off for a maximum of two
days per month without the earnings lost as a result thereof being deducted
from the monthly guarantee.
(g) The maximum number of guaranteed extra boards that can
be in operation on a carrier at any one time under this provision is three in
the territory of each regular source of supply point on that carrier.
(h) No existing guaranteed extra board will be supplanted by
a guaranteed extra board under this rule if the sole reason for the change is
to reduce the guarantee applicable to employees on the extra board.
(i) This rule will not be construed as restricting any existing rights of a carrier to establish or discontinue extra boards. The rights conferred by this rule are in addition to preexisting rights.
This letter of understanding shall not apply on carriers
that have agreements with the organization adjusting the compensation of
engineers in response to the change in compensation relationships between
engineers and other members of the crew brought about by crew consist
agreements unless the appropriate BLE General Chairman elects to adopt this
letter agreement in lieu of the compensation adjustments provided in such
agreement. Such election must be exercised on or before 45 days following the
date of this Agreement. If such election is made, the provisions of such local
agreements concerning matters other than compensation shall be retained.
Where the General Chairman does not elect to substitute this
letter of understanding as provided for in the paragraph above and, therefore,
the local agreement remains in effect in its entirety and such local agreement
contains a moratorium provision, it is agreed that any special allowance
provided for therein that is subject to being increased by general wage
increases shall be excluded from the provisions of Article I, Section 8(a),
Article II, Section 1(b) and (d), and Article IV, Section 5(a) and (b).
Letter #20A
This refers to Letter of Understanding No. 20 and the
application of paragraph (b) of (1) Pay Differential with respect to railroads
where the BLE has outstanding Section 6 notices to change the compensation
relationships between the engineer and other members of the crew where such
relationships have been changed because of a crew consist agreement subsequent
to January 1, 1978.
This confirms our understanding .hat on such properties the
provisions of paragraph (b) apply automatically without further need to confer.
Furthermore, when, in the future, any carrier makes a crew
consist agreement as described in the first paragraph, the provision of
paragraph (b) under Pay Differential will automatically apply.
Letter #21
APPLICATION OF
LETTER AGREEMENT WITH RESPECT TO INTERCRAFT PAY RELATIONSHIPS
The following examples illustrate the maximum allowances
that can be obtained under the letter agreement of this date with respect to
intercraft pay relationships:
Example 1 - An engineer is on a reduced crew operating a distance of
127 miles in a class of service which has a basic day encompassing 104 miles
(July 1, 1986). There is no fireman on the crew. The time consumed on the trip
is 9 hours. No duplicate time payments expressed in hours or miles are paid.
The conductor is receiving a reduced crew allowance of $7.31. What would the
engineer be paid?
A. The differential provided in letter agreement #20 for
operating without a fireman would pay him:
104 miles $5.00
23 miles $1.15
Total $6.15
Since this is 1ess than the amount the conductor is receiving,
the engineer would be paid the $7.31 reduced crew allowance.
Example 2 - What would the engineer in example 1 be paid if the
allowance paid to the conductor was subsequent1y increased to $8.00?
A. The engineer would be paid $8.00
Example 3 - What would the allowance be if the engineer in example 1
were on an assignment operating a distance of 204 miles?
A. The differential provided in letter agreement #20 for
operating without a fireman would pay the engineer $10.00. Since this is more
than the amount the conductor is receiving, the engineer would receive nothing
additional.
Example 4 - What would the allowance be if the engineer in example 1
had earned two hours overtime on the trip?
A. The standard rule for operating without a fireman would
pay the engineer as follows:
Basic
Day $5.00
Overmiles
(23) $1.15
Overtime
(2 Hours) $1.88
Total $8.03
This is more than what the conductor received, so the engineer would receive nothing additional.
Example 5 - An engineer is on a reduced crew
operating a distance of 127 miles in a class of service which has a basic day
encompassing 106 miles (January 1, 1988). There is no fireman on the crew. The
time consumed on the trip is 9 hours. No duplicate time payments expressed in
hours or miles are paid. The conductor on that railroad is receiving a reduced
crew allowance of $7.87. What would the engineer be paid?
A. The differential provided in letter
agreement #20 for operating without a fireman would pay him:
106
miles $6.00
21
miles 1.26
Total $7.26
Since this is less than the amount the conductor is receiving, the engineer would be paid the reduced crew allowance of $7.87.
During the negotiations that led to the Agreement of this
date, the representatives of the Brotherhood of Locomotive Engineers expressed
concern as to the possible erosion of the traditional authority and
responsibility vested in the engineer while operating a locomotive in those
situations where the conductor and any other train crew members are located on
the locomotive because of the elimination of the caboose.
The carriers responded that the responsibility and authority
of the engineer is not a collective bargaining subject; rather it is a matter
of operational policy subject to operating rules and/or other management
instructions. The BLE did not agree on this point but the matter was resolved
on the basis of the carriers' statement that the removal of cabooses and the
consequent relocation of train crew personnel to the locomotive cab did not
diminish nor otherwise alter the authority and responsibility of the engineer.
Because of the significance the BLE attaches to this matter,
I am sending a copy of this letter to the Member Lines to advise them that
while nothing has been said or done
in our negotiations to change any railroad's rules, policies or management
practices, we have assured the BLE that the elimination of cabooses and
relocation of train service personnel does not alter those rules, policies or
management practices.
JOINT STATEMENT
CONCERNING EFFORTS TO IMPROVE THE COMPETITIVE ABILITIES OF THE INDUSTRY
This refers to our discussions during the recent
negotiations with respect to improving our industry's ability to compete
effectively with other modes of transportation and to attract new business to
the railroads.
We recognize that opportunities will present themselves on
railroads to promote new business and preserve existing business by providing
more efficient and more expedient service. It is our mutual objective to
provide this improved service by making changes, as may be necessary, in
operations and with agreement rule exceptions and accommodations in specific
situations and circumstances.
It is difficult to list specific rules or operations that might
need modifications or exceptions in order to provide the services that may be
necessary to obtain and operate new business that can be obtained from other
modes of transportation. We are in agreement, however, that necessary
operational changes and rules modifications or exceptions should be encouraged
to obtain new business, preserve specifically endangered business currently
being hauled, or to significantly improve the transit time of existing freight
movements.
We recognize that attracting new business and retaining
present business depends not only on reducing service costs, but also on
improving service to customers.
During our discussions, the Lake Erie Plan was advanced by
BLE, in part, as a collective bargaining proposal and as a representation of
the BLE's search for a possible approach to enhanced competitive strength for
the industry. Although the significance of the plan may not necessarily be in
the specifics, the underlying goal of realizing the industry's full potential
in the transportation marketplace is such that further consideration of such
concepts may be warranted as a means of achieving this goal by cooperative,
aggressive undertakings by the BLE, the UTU and the railroads.
The Informal Disputes Committee will encourage expedited
resolutions on individual railroads consistent with these goals and will
provide counsel, guidelines and other assistance in making necessary
operational and or agreement rule changes to provide the type service necessary
to meet these goals.
We sincerely believe that cooperation between the management
and the employees will result in more business and job opportunities and better
service which will insure our industry's future strength and growth.
(Signatures not reproduced.)
BN QUESTIONS AND ANSWERS
ARTICLE VIII – ROAD, YARO AND
INCIDENTAL WORK
1.Q. Under Article VIII. Section l
(a) are we now able to require a crew to report for duty (place under pay) and
relieve from duty (take off pay) at any point within the terminal, rather than
the usual on and off duty point, as long as we furnish transportation if
distance is not within reasonable walking distance?
A. No. (See NCCC Section I Q & A
#2). This new agreement does not contain any authority for changing the on/off
duty point. It does permit us to have road crews obtain and/or yard their train
on any track in their initial and final terminals (e.g. interchange tracks,
industry tracks. etc.), and at any specific location on any track.
2. Q. Under Article VIII, Section l
(e), are schedule rules and agreements that require cars to be in station order
out of the initial terminal eliminated?
A. No. However, station order is
only required when the train departs from the yard track where the train is
first made up. Subsequent pick-ups
within the initial terminal do not require maintenance of station order. If
train meets the requirement upon departure from initial yard track, the
requirement is satisfied.
3. Q. Can a road crew be required to
maintain classification (blocking) of cars, to or beyond the crew's final
terminal, while making pick-ups and/or setouts at intermediate points?
A. Yes. Section l (e) allows us to
require the crew to hold onto cars (in order to block or maintain blocks in
their train) when making pick-ups and/or setouts at intermediate points. Where
there were restrictions, which prohibited us from doing so, they are
eliminated.
4.Q Under Section 2(c), if the
customer was previously served by a "bum crew" or "make-up
crew" on a called-as-needed basis, can we now use a yard crew to serve
customer?
A. Yes, if the amount of work in
servicing customers does not constitute the preponderant duties of such yard
crew.