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