1996 NATIONAL
AGREEMENT
IT IS
HEREBY AGREED this 31st day of May, 1996:
ARTICLE I - WAGES
Section
1 - First General Wage Increase
(a)
Effective upon ratification of this Agreement by the organization signatory
hereto or on
(b) In
computing the increase under paragraph (a) above, three-and-one-half (3-1/2)
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:
(through
freight rates)
(separate
computation covering five-day
rates
and other than five-day rates)
Section 2 - Signing Bonus
Upon
ratification of this Agreement, each employee will be paid a signing bonus of
one (1) percent of the employee's compensation for 1994, including pay for
miles run in excess of the number of miles comprising a basic day
("overmiles") but excluding pay elements not subject to general wage
increases under Section 8 of this Article and lump sums.
Section 3 - First Lump Sum Payment
On
(i) three
(3) percent of the employee's compensation for 1995, including pay for
overmiles but excluding pay elements not subject to general wage increases
under Section 8 of this Article and lump sums, over
(ii) the
lesser of (x) one-half of the amount described in clause i) above and (y) two
times one-quarter of the amount, if any, by which the carriers' payment rate
for 1996 for foreign-to-occupation health benefits under The Railroad Employees
National Health and Welfare Plan (Plan) exceeds such payment rate for 1995.
Section 4 - Second General Wage
Increase
Effective
July 1, 1997, all standard basic daily rates of pay in effect on June 30, 1997
for employees represented by the Brotherhood of Locomotive Engineers shall be
increased by three and-one-half (3-1/2) percent, computed and applied in the
same manner prescribed in Section 1 above.
Section 5 - Second Lump Sum Payment
On
(i)
three-and-one-half (3-1/2) percent of the employee's compensation for 1997,
including pay for overmiles but excluding pay elements not subject to general
wage increases under Section 8 of this Article and lump sums, over
(ii) the
lesser of (x) one-half of the amount described in clause W above and (y)
one-and-one-half times one-quarter of the amount, if any, by which the
carriers' payment rate for 1998 for foreign-to-occupation health benefits under
the Plan exceeds such payment rate for 1995.
Section 6 - Third General Wage
Increase
Effective
July 1, 1999, all standard basic daily rates of pay in effect on June 30, 1999
for employees represented by the Brotherhood of Locomotive Engineers shall be
increased by three and-one-half (3-1/2) percent, computed and applied in the
same manner prescribed in Section 1 above.
Section 7 - Standard Rates
The
standard basic daily rates of pay 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) The
adjustments provided for in this Article (i) will apply to mileage rates of pay
for overmiles, and (ii) will not apply to duplicate time payments, including
arbitraries and special allowances that are expressed in time, miles or fixed
amounts of money.
(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 mariner 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) Where
applicable, the differential of $4.00 and/or $6.00 per basic day in freight,
passenger and yard service, and 4 and/or 6 cents per mile for miles in excess
of the number of miles encompassed in the basic day in freight and passenger
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 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 $.4011 effective July 1, 1966, the three-and-one-half
(3-1/2) percent increase shall be applied to daily rates in effect on the day
preceding the effective date of the general wage increase provided for in
Section 1, 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 increases
effective
(i) other
than standard rates:
(i) Where
existing basic daily rates of pay other than standard shall be changed,
effective as of the dates specified in Sections 1, 4, and 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) Where applicable,
the differential of $4.00 and/or $6.00 per basic day in freight, passenger and
yard service, and 4 and/or 6 cents per mile for miles in excess of the number
encompassed in the basic day in freight and passenger 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.
(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, 4, and 6 hereof, by the same respective percentages as set forth
therein, computed and applied in the same manner as provided in paragraph (i)
above.
Section 9 - Definition of
Carriers" Payment Rate”
The
carrier's payment rate for any year for foreign-to occupation health benefits
under the Plan shall mean twelve times the payment made by the carriers to the
Plan per month (in such year) per employee who is fully covered for employee
health benefits under the Plan. Carrier
payments to the Plan for these purposes shall not include the amounts per such
employee per month (in such year) taken from the Special Account, or from any
other special account, fund or trust maintained in connection with the Plan, to
pay or provide for current Plan benefits, or any amounts paid by remaining
carriers to make up the unpaid contributions of terminating carriers pursuant
to Article III, Part A, Section 1 of the Agreed Upon Implementation of Public
Law 102-29 (1991 National Implementing Document).
Section 10 - Eligibility for Receipt
of Signing Bonus, Lump Sum Payments
The signing
bonus and lump sum payments provided for in this Article shall be paid to each
employee subject to this Agreement who has an employment relationship as of the
date such payments are payable, or has retired or died subsequent to the
beginning of the applicable calendar year used to determine the amount of such
payment. There shall be no duplication
of lump sum payments by virtue of employment under another agreement nor will,
such payments be used to offset, construct or increase guarantees in protective
agreements or arrangements.
Section 11 - Calculation of Vacation
Pay
The signing
bonus and lump sum payments provided for in Sections 2, 3, and 5 of this
Article will be included in the earnings of an employee in the determination of
vacation allowances due in the year subsequent to their payment.
ARTICLE II - COST-OF-LIVING PAYMENTS
Part A -
Cost-of -Living Payments Under 3, 1991 National Implementing Document
The
nine-cent cost-of-living allowance in effect beginning July 1, 1995, pursuant
to Article II, Part B of the 1991 National Implementing Document shall be rolled
in to basic rates of pay on November 30, 1995 and such Article II, Part B shall
be eliminated at that time. Any amounts
paid from
Part
B - Cost-of-Living Allowance Through
(a) A
cost-of-living allowance, calculated and applied in accordance with the
provisions of Part C of this Article except as otherwise provided in this Part,
shall be payable and rolled in to basic rates of pay on December 31, 1999.
(b) The measurement periods shall be as
follows:
Measurement-Periods March
1995
Effective Date March
1996
Base Month March
1997 plus March 1998
Measurement Month of Adjustment
The number
of points change in the CPI during each of these measurement periods shall be
added together before making the calculation described in Part C, Section I(e)
of this Article.
(c)
(i) Floor.
The minimum increase in the CPI that shall be taken into account shall
be as follows:
Effective
Date Minimum CPI increase
that
of
adjustment length shall be taken
into account
plus
4% of March 1997 CPI
(ii) Cap.
The maximum to be taken into account se in the CPI that will increase
shall be as follows:
Effective
Date Minimum CPI increase
that
of
adjustment length shall be taken
into account
plus
6% of March 3.997 CPI
(d) The
cost-of-living allowance payable to each employee and rolled in to basic rates
of pay on
(i) the cost-of-living allowance
effective on that date pursuant to this part, and
(ii) the
lesser of the cents per hour produced by dividing one-quarter of the increase,
if any, in the carriers' 1998 payment rate for foreign-to-occupation health
benefits under the Plan over such payment rate for 1995, by the average
composite straight-time equivalent hours that are subject to wage increases for
the latest year for which statistics are available, and (y) one half of the
cost-of-living allowance effective on December 31, 1999 pursuant to this.
Part C - Cost-of-Living Allowance and
Adjustment After
Section I -Cost-of -Living Allowance
and Effective Dates of Adjustments
(a) A
cost-of-living allowance shall be payable in the manner set forth in and
subject to the provisions of this Part, on the basis of the "Consumer
Price Index for Urban Wage Earners and Clerical Workers (Revised Series)
(CPI-W)II (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 CPI. The first such
cost-of-living allowance shall be payable effective
Measurement
Periods:
Effective Date Base
Month Measurement
Month of
Adjustment
Measurement
Periods and Effective Dates conforming to the above schedule shall be
applicable to periods subsequent to those specified above during which this
Article is in effect.
(b) While a
cost-of -living allowance is in effect, such cost-of-living allowance shall
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 such allowance shall not apply to duplicate time payments,
including arbitraries and special allowances that are expressed in time, miles
or fixed amounts of money.
(c) The
amount of the cost-of-living allowance, if any that shall 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) It
shall be converted into cents on the basis of one-cent equals 0.3 full points.
(By 110.3 full points" it is intended that any remainder of 0.1 point or 0.2 point of change after the
conversion shall not be counted.) The
cost-of-living allowance in effect on December 31, 2000 shall be adjusted
(increased or decreased) effective January 1, 2001 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 (d), in the CPI during the applicable
measurement period. Any residual tenths
of a point resulting from such division shall be dropped. The result of such division shall be added to
the amount of the cost-of-living allowance in effect on December 31, 2000, if
the CPI shall have been higher at the end than at the beginning of the
measurement period, and subtracted therefrom only if the index shall 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 shall be followed in
applying subsequent adjustments.
(e) The
maximum increase in the CPI that shall be taken into account shall be as
follows:
Effective
Date maximum CPI
increase that of adjustment may be taken into account
less the increase from September
1999 to March 2000
Effective
Dates of Adjustment and Maximum CPI Increases conforming to the above schedule
shall be applicable to periods subsequent to those specified above during which
this Article is in effect.
(i) Cap.
In calculations under paragraph (e), the maximum increase in the CPI
that shall be taken into account shall be as follows:
Effective
Date Maximum
CPI increase that
of
Adjustment May be
taken into account
less
the increase from
September
1999 to March 2000
Effective
Dates of Adjustments and Maximum CPI Increases conforming to the above schedule
shall be applicable to periods subsequent to those specified above during which
this Article is in effect.
(ii) Limitation. In calculations under paragraph (e), only
fifty (50) percent of the increase in the CPI in any measurement period shall
be considered.
(iii) If
the increase in the CPI from the base month of September 1999 to the
measurement month of March 2000 exceeds 3% of the September 1999 base index,
the measurement period that shall be used for determining the cost-of-living
adjustment to be effective the following January shall be the 12-month period
from such base month of September; the increase in the index that shall be
taken into account shall be limited to that portion of the increase that is in
excess of 3% of such September base index; and the maximum increase in that
portion of the index that may be taken into account shall be 6% of such
September base index less the 3k mentioned in the preceding clause, to which
shall be added any residual tenths of points which had been dropped under
paragraph (e) below in calculation of the cost-of-living adjustment which shall
have become effective July 1, 2000 during such measurement period.
(iv) Any
increase in the CPI from the base month of September 1999 to the Measurement
month of September 2000 in excess of 6k of the September 1999 base index shall
not be taken into account in the determination of subsequent cost-of-living
adjustments.
(v) The
procedure specified in subparagraphs (iii) and (iv) shall be applicable to all
subsequent periods during which this Article is in effect.
(vi) Formula. The number of points change in the CPI during
a measurement period, as limited by paragraph
(f)
Continuance of the cost-of-living allowance and the adjustments thereto
provided herein is dependent upon the availability of the official monthly ELS
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 Article, revise or change the methods or
basic data used in calculating such Index in such a way as to affect the direct
comparability of such revised or changed index with the CPI-W 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
during such measurement period.
Section 2 - Payment of
Cost-of-Living Allowances
(a) The
cost-of-living allowance payable to each employee effective
(b) The
increase in the cost-of-living allowance effective January 1, 2000, pursuant to
Section 1 of this Part shall be payable to each employee commencing on that
date.
(c) The
increase in the cost-of-living allowance effective July 1, 2001, pursuant to
Section 1 of this Part shall be payable to each employee commencing on that
date.
(d) The
procedure specified in paragraphs (b) and (c) shall be followed with respect to
computation of the cost-of-living allowances payable in subsequent years during
which this Article is in effect.
(e) The
definition of the carriers' payment rate for foreign-to-occupation health
benefits under the Plan set forth in Section 9 of Article I shall apply with
respect to any year covered by this Section.
(f) In
making calculations under this Section, fractions of a cent shall be rounded to
the nearest whole cent; fractions less than one-half cent shall be dropped and
fractions of one-half cent or more shall be increased to the nearest full cent.
Section 3 - Application of Cost-of
-Living Allowances
The cost-of
-living allowance provided for by Section I of this Part C will not become part
of basic rates of pay. In application of
such allowance, each one-cent per hour of cost-of-living allowance that is
payable shall be treated as an increase of 8 cents in the basic daily rates of
pay produced by application of Article I. The cost-of -living allowance will
otherwise be applied in keeping with the provisions of Section 8 of Article I.
Section 4 - Continuation of Part C
The
arrangements set forth in Part C of this Article shall remain in effect
according to the terms thereof until revised by the parties pursuant to the
Railway Labor Act.
ARTICLE III - DENTAL BENEFITS
Section 1 - Continuation of Plan
The
benefits now provided under the Railroad Employee National Dental Plan (Dental
Plan) , modified as provided in Section 2 below, will be continued subject to
the pro-visions of the Railway Labor Act, as amended.
Section 2 - Eligibility
Existing
eligibility requirements under, the Dental Plan are amended, effective January
1, 1996, to provide that in order for an employee and his eligible dependents
to be covered for Covered Dental Expenses (as defined in the Dental Plan)
during any calendar month by virtue of rendering compensated service or
receiving vacation pay in the immediately preceding calendar month (the
“qualifying month"), such employee must have rendered compensated service
on, or received vacation pay for, an aggregate of at least seven (7) calendar
days during the applicable qualifying month.
Any calendar day on which an employee assigned to an extra list is
available for service but does not perform service shall be deemed a day of
compensated service solely for purposes of this Section. Existing Dental Plan provisions pertaining to
eligibility for and termination of coverage not specifically amended by this
Section shall continue in effect.
Section 3 - Benefit Changes
The
following changes will be made effective as of
(a) The
maximum benefit (exclusive of any benefits for (orthodonture) which may be paid
with respect to a covered employee or dependent in any calendar year beginning
with calendar year 1999 will be increased from $1,000 to $1,500.
(b) The
lifetime aggregate benefits payable for all orthodontic treatment rendered to a
covered dependent, regardless of any interruption in service, will be increased
from $750 to $1,000.
(c) The
exclusion from coverage for implantology (including synthetic grafting) services
will be deleted and dental implants and related services will be added to the
list of Type C dental services for which the Plan pays benefits.
(d) Repair
of existing dental implants will be added to the list of Type B dental services
for which the Plan pays benefits.
(e) One
application of sealants in any calendar year for dependent children under 14
years of age will be added to the list of Type A dental services for which the
Plan pays benefits.
(f) The
Plan will pay 80%, rather than 75% of covered expenses for Type B dental
services.
(g) The
Plan will establish and maintain an 800 telephone number that employees and
dependents may use to make inquiries regarding the Plan.
ARTICLE IV - VISION CARE
Section 1 - Establishment and
Effective Date
The
railroads will establish a Vision Care Plan to provide specified vision care
benefits to employees and their dependents, to become effective
(a)
Eligibility and Coverage. Employees and
their dependents will be eligible for coverage under the Plan beginning on the
first day of the calendar month after the employee has completed a year of
service for a participating railroad, but no earlier than the first day of
January 1999. An eligible employee who
renders compensated service on, or receives vacation pay for, an aggregate of
at least seven (7) calendar days in a calendar month will be covered under the
Plan, along with his eligible dependents, during the immediately succeeding
calendar month. Any calendar day on
which an employee assigned to an extra list is available for service but does
not perform service shall be deemed a day of compensated service solely for
purposes of this Section.
(b) Managed
Care. Managed vision care networks that
meet standards developed by the National Carriers' Conference Committee
concerning quality of care, access to providers and cost effectiveness shall be
established wherever feasible. Employees
who live in a geographical area where a managed vision care network has been
established will be enrolled in the network along with their covered
dependents. Employees enrolled in a
managed vision care network will have a point-of-service option, allowing them
to choose an out-of-network provider to perform any vision care service covered
by the Plan that they need. The benefits
provided by the Plan when services are performed. by in-network providers will
be greater than the benefits provided by the Plan when the services are
performed by providers who are not in-network providers, including
providers
in geographic areas where a managed vision care network has not been
established. These two sets of benefits
will be as described in the table below.
Plan
Benefit In-Network Other Than In-Network
one vision 100% of reasonable 100% of reasonable
examination
per 12- and customary and customary
month
period. charges charges up to
a $35
maximum
One set of
frames of 100% of reasonable 100% of reasonable
any kind
per 24- and customary and customary
month
period charges' charges up to a
$35
maximum
One set of
two 100% of reasonable 100% of reasonable
lenses of
any kind, and customary and customary
including contact charges' charges
up to the
lenses, per
24- following
maximums:
month
period.
up to $25 for
single vision
lenses
up to $40 for
bifocals
up to $55 for
trifocals
up to $80 for
lenticulars
up to $210 for
medically necessary
contact lenses
up to $105 for
contact lenses that
are not medically necessary
where the
employee 100% of
reasonable 100% of reasonable
or
dependent and
customary and
customary
requires
only one charges charges up to a lens
maximum of one-half
of the maximum
benefit payable for a set of two
lenses
of the same kind
1 Patients
who select frames that exceed a wholesale allowance established under the
program may be required to pay part of the cost of the frames selected.
2 Patients
may be required to pay part of the cost of spectacle lenses or lens
characteristics that are not necessary for the patient's visual welfare. Moreover, patients who choose contact lenses
in lieu of spectacles may be required to pay part of a contact lens evaluation
fee and part of the cost of fitting and materials.
Section 2 - Administration
The Vision
Care Plan will be administered by the National Carriers' Conference Committee,
which will bear the same responsibilities and perform the same functions as it
does with respect to The Railroad Employees National Dental Plan, including the
development of detailed plan language describing the Plan's eligibility,
coverage, benefit and other provisions.
ARTICLE V - BENEFITS ELIGIBILITY
Section 1 - Health and Welfare Plan
The
Railroad Employees National Health and Welfare Plan ("the Plan") is
amended, effective
Section 2 - Vacation Benefits
Existing
rules governing vacations are amended as follows effective
(a) The
minimum number of basic days in miles or hours paid for, as provided in
individual schedules, on which an employee must render service under schedule
agreements held by the organization signatory hereto to qualify for an annual
vacation for the succeeding calendar year shall be increased by fifty (50)
percent from the minimum number applicable under vacation rules in effect on
the date of this Agreement. The
multiplying factors set forth in vacation rules in effect on the date of this
Agreement shall be amended to provide that each basic day in yard service
performed by a yard service employee or by an employee having interchangeable
road and yard rights shall be computed as 1.6 days, and each basic day in all
other services shall be computed as 1.3 days, for purposes of determining
qualification for vacation based on service rendered in the preceding calendar
year.
NOTE: It is
the parties' intention that, in accordance with application of the multiplying
factors set forth in existing vacation rules as amended above, commencing with
calendar year 1997 this subsection would require the equivalent of 150
qualifying days in a calendar year in yard service and 180 qualifying days in a
calendar year in road service to qualify for an annual vacation for the
succeeding year.
(b)
Calendar days on which an employee assigned to an extra list is available for
service and on which days he performs no service, not exceeding ninety (90)
such days, will be included in the determination of qualification for vacation;
also, calendar days, not in excess of forty-five (45), on which an employee is
absent from and unable to perform service because of injury received on duty
will be included. Such calendar days
shall not be subject to the multiplying factors set forth in existing vacation
rules as amended.
(c)
Calendar days on which an employee is compensated while attending training and
rules classes at the direction of the carrier will be included in the
determination of qualification for vacation.
Such calendar days shall not be subject to the multiplying factors set
forth in existing vacation rules as amended.
(d) During
a calendar year in which an employee's vacation entitlement will increase on
the anniversary date, such employee shall be permitted to schedule the
additional vacation time to which entitled on the anniversary date at any time
during that calendar year.
(e) An
employee may make up to two splits in his annual vacation in any calendar year.
(f) An
employee may take up to one week of his annual vacation in single day
increments, provided, however, that such employee shall be automatically marked
up for service upon the expiration of any single day vacation.
(g)
Existing rules and practices regarding vacations not specifically amended by
this Section, including (but not limited to) scheduling of vacations, shall
continue in effect without change.
Section 3
This
Article is not intended to restrict any of the existing rights of a carrier
except as specifically provided herein.
ARTICLE VI - PERSONAL LEAVE
Section 1
Employees
in road freight service covered by this Agreement and not covered by the
National Paid Holiday Rules shall be provided with personal leave days on the
following basis:
Years of
Service Personal
Leave Days
Less than
five years 3
days
Five years
and less than 10 years 5
days
Ten years
and less than 15 years 7 days
Fifteen
years and less than 20 years 9
days
Twenty
years or more 11
days
Section 2
No employee
covered by this Agreement shall receive in the aggregate more than eleven (11)
personal leave days and paid holidays in any calendar year.
Section 3
(a)
Personal leave days provided in Section 1 shall be scheduled with the approval
of the proper carrier officer upon forty-eight (48) hours, advance notice from,
the employee.
(b) The
employee will he paid one basic day at the rate of the last service performed
for each personal leave day.
(c) Any
personal leave days provided for herein that are requested but denied by the
carrier and not subsequently the scheduled during the calendar year or the
first quarter of the following calendar year shall be paid at the rate
specified herein. Personal leave days
carried over into another year because requested time off was denied by the
carrier shall not be bought out.
(d) To
qualify for personal leave days in any given calendar year, the employee must
have been credited with at least 150 days for work during the preceding
calendar year and have had no FRA reportable injuries during such period.
Section 4
Nothing in
this Article is intended to restrict any of the existing rights of a carrier.
Section 5
This
Article shall become effective on
personal
leave days and so notifies the authorized carrier representative on or before
such effective date.
ARTICLE V11 - ENHANCED-EMPLOYMENT
OPPORTUNITIES
Section 1
In the
event that a carrier sells or leases its interest in one or more rail lines to
a non-carrier pursuant to a transaction authorized under 49 U.S.C. 10901
(or any successor provision) as to which labor protective conditions have not
been imposed by any governmental authority, any employee represented by the organization
signatory hereto who (i) as a result of that transaction is deprived of
employment with the carrier because of the abolition of his position, and (ii)
does not accept employment with the purchaser shall be entitled to the benefits
set forth in Section 2.
Section 2
(a) An
employee covered by Section 1 shall have the right, in seniority order, to bid
on vacant positions or claim open locomotive engineer positions at any location
on the carrier at any time within ninety (90) days after being deprived of
employment. Seniority issues associated
with the exercise of that right shall be resolved by the carrier and the
organization representative or, absent agreement and at the request of either
party by written notice served on the appropriate representative of the other
party, by final and binding arbitration as provided in subsection (b). Solely for the purpose of this Section, a
single locomotive engineer seniority roster for the carrier shall be developed,
in accordance with applicable rules and procedures, no later than
(b) The
arbitrator shall be selected by the parties.
If they fail to agree within five days from the date notice of the
submission to arbitration is received from the moving party, either party may
request a list of five potential arbitrators from the National Mediation Board,
from which the parties shall choose the arbitrator through alternate
striking. The order of such striking
shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall
be paid under Section 153 of the Railway Labor Act.
(c) An
employee exercising rights under this Section who relocates his residence shall
receive a relocation allowance of $5,000, provided, however, that an employee
shall be required to elect between such allowance and any carrier relocation
benefits that may be provided to such employee under other existing agreements
or arrangements. Such allowance shall be
paid in two equal installments: the first payable on the relocation date, and
the second ninety (90) days thereafter.
Such allowance (or any portion thereof) shall be payable as provided as
long as the individual has an employment relationship with the carrier and is
still at the new location at the time the payment is due.
NOTE: Employees who presently have extended
seniority and who are deprived of employment on their prior right territory(s)
as a result of a transaction covered in Section 1, will be covered by the
conditions of Section 2 (c) , provided that any exercise of seniority must be
beyond their prior right territory (s) , with a minimum of fifty (50) miles
distance.
Section 3
In the case
of any transaction authorized under 49 U.S.C. 10901 (or any successor
provision) , the arrangements provided for under this Article shall be deemed
to fulfill all of the parties' bargaining obligations that may exist under any
applicable statute, agreement or other authority with respect to such
transaction, and shall also be deemed to satisfy the standards for the
protection of the interests of employees who may be affected by such
transaction described in 49 U.S.C. 10901(e).
Section 4
This
Article shall become effective ten (10) days after the date of this Agreement
and is not intended to restrict any of the existing rights of a carrier except
as specifically provided herein.
ARTICLE VIII - RATE PROGRESSION
ADJUSTMENT FOR PROMOTION
Section 1
(a) An
employee who is subject to national rules concerning rate progression on the
effective date of this Article shall have his position on the rate progression
scale adjusted to the next higher level upon promotion to engineer. An employee covered by this Agreement who is
subject to Article IV, Section 5 of the 1991 National Implementing Document
(Rate Progression - New Hires) on the effective date of this Article shall have
his position on the rate progression scale adjusted to the next higher level on
such effective date.
(b) The
next adjustment to an employee's position on the rate progression scale after
the adjustment specified in subsection (a) of this Section shall be made when
such employee completes one year of "active service" (as defined by
the aforementioned Article IV, Section 5) measured from the date on which that
employee would have attained the position on the rate progression scale
provided pursuant to subsection (a) of this Section.
Section 2
Local rate
progression rules applicable on a carrier that is not covered by the
aforementioned Article IV, Section 5 are hereby amended in the same manner as provided
in Section 1.
Section 3
This
Article shall become effective ten (10) days after the date of this Agreement
and is not intended to restrict any of the existing rights of a carrier except
as specifically provided herein.
ARTICLE IX - ENHANCED CUSTOMER
SERVICE
Article IX
- Special Relief, Customer Service - Yard Crews of the 1991 National
Implementing Document is amended to read as follows and furthermore shall be
applicable to all carriers party to this Agreement:
Section I
(a) When an
individual carrier has a customer request for particularized handling that
would provide more efficient service, or can show a need for relaxation of
certain specific work rules to attract or retain a customer, such service may
be instituted on an experimental basis for a six-month period.
(b) Prior
to implementing such service, the carrier will extend seven (7) days advance
notice where practicable but in no event less than forty-eight (48) hours,
advance notice to the General Chairman of the employees involved. Such notice will include an explanation of the
need to provide the service, a description of the service, and a description of
the work rules that may require relaxation for implementation. Relaxation of work rules that may be required
under this Article shall be limited to:
starting times, yard limits, calling rules, on/off duty
points,
seniority boundaries, and class of service restrictions.
(c) A Joint
Committee, comprised of an equal number of carrier representatives and
organization representatives, shall determine whether a need exists, as
provided in paragraph (a) , to provide the service. If the Joint Committee has not made its
determination by the end of the advance notice period referenced in paragraph
(b) , it shall be deemed to be deadlocked, and the service will be allowed on
an experimental basis for a six-month period.
If, after the six-months has expired, the organization members of the
Joint Committee continue to object, the matter shall be referred to
arbitration.
(d) If the
parties are unable to agree upon an arbitrator within seven days of the date of
the request for arbitration, either party may request the National Mediation
Board to provide a list of five potential arbitrators, from which the parties
shall choose the arbitrator through alternate striking. The order of such striking shall be
determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall
be borne equally by the parties.
(e) The
determination of the arbitrator shall be limited to whether the carrier has
shown a bona fide need to provide the service requested or can provide the
service without a special exception to existing work rules being made at a
comparable cost to the carrier. If the
arbitrator determines that this standard has not been met, the arbitrator shall
have the discretion to award compensation for all wages and benefits lost by an
employee as a result of the carrier's implementation of its proposal.
Section 2
This
Article shall become effective ten (10) days after the date of this Agreement
and is not intended to restrict any of the existing rights of a carrier.
ARTICLE X - DISPLACEMENT
Section 1
(a) Where
agreements that provide for the exercise of displacement rights within a
shorter time period are not in effect, existing rules are amended to provide
that, an employee who has a displacement right on any position (including extra
boards) within a terminal or within 30 miles of such employee's current
reporting point, whichever is greater, must, from the time of proper
notification under the applicable agreement or practice, exercise that
displacement right within forty-eight (48) hours.
(b) Failure
of an employee to exercise displacement rights, as provided in (a) above, will
result in said employee being assigned to the applicable extra board, seniority
permitting. (The applicable extra board is the extra board protecting the
assignment from which displaced.)
(c) In the
event force assignment is not compatible with local agreements, prior to implementation,
the parties will meet on property to determine an avenue of assignment.
Section 2
This
Article shall become effective ten (10) days after the date of this Agreement
and is not intended to restrict any of the existing rights of a carrier.
ARTICLE XI - NATIONAL WAGE AND RULES
PANEL
Section 1
(a) The
parties, realizing the complexities of the changing rail industry and
environment, and to alleviate any adversarial relationships emanating from
such, agree to establish a non-binding joint review Panel to study and examine
those unresolved subjects.
The
National Wage and Rules Panel (Panel) shall consist of three (3) partisan
members representing the Brotherhood of Locomotive Engineers, three (3)
partisan members representing the carriers, and who shall be considered as
Chairman.
The
President of BLE and the Chairman of the National Carriers Conference Committee
(NCCC) shall be ex officio partisan members of the Panel. On any matter, the BLE, NCCC, and the
Chairman shall each be deemed to have a single vote.
(b) The
parties will assume the compensation and expenses of their respective partisan
members. The fees and expenses of the
Chairman and any incidental expenses incurred in connection with Panel meetings
shall be shared equally by the parties.
Section 2
The Panel
is authorized to comprehensively examine the following subjects:
·
System
for compensation and related alternatives
·
Quality
of Work Life
·
Inter-craft
pay relationships
·
Claim
and Grievance Handling
·
Flowback
·
Eating
en route for road service employees
·
Use
of Surplus Employees
·
Employee
Utilization
·
Common
Extra Boards
·
Standardized
Calling Rules
·
Yard
Starting Times
·
Runarounds
·
Road/Yard
·
Entry
Rates
Section 3
The Panel
shall promptly establish its operating procedures, which shall be designed to
review and evaluate the facts regarding the aforementioned subjects and to
expedite and enhance the opportunity to reach joint voluntary solutions to
matters in dispute between the parties with respect to those subjects. The Panel may, by unanimous vote of the
members and with the consent of the respective Carriers and General
Committee(s) involved, develop and implement pilot projects and similar
initiatives that would permit the Panel to test and evaluate, on a limited
basis, potential alternatives to existing arrangements that would resolve
issues of concern to the parties.
Section 4
(a) If the
parties have not reached agreement on issues pertaining to the matters covered
by Section 2 by
(b) It is
agreed that antecedent proposals exchanged between the parties relating to
those items subject to the Panel, shall not be considered precedential or cited
in further handling of any issue before any tribunal established to resolve
disputes under the Railway Labor Act.
ARTICLE XII - GENERAL PROVISIONS
Section 1 - Court Approval
This
Agreement is subject to approval of the courts with respect to participating
carriers in the hands of receivers or trustees.
Section 2 - Effect of this Agreement
(a) The
purpose of this Agreement is to fix the general level of compensation and other
terms and conditions of employment during the period of the Agreement and is in
settlement of the dispute growing out of the notices dated November 1, 1994
served by and on behalf of the carriers listed in Exhibit A upon the
organization signatory hereto, and the notices dated on or about November 1,
1994 served by the organization upon such carriers.
(b) This
Agreement shall be construed as a separate agreement by and on behalf of each
of said carriers and their employees represented by the organization signatory
hereto, and shall remain in effect through December 31, 1999 and thereafter
until changed or modified in accordance with the provisions of the Railway
Labor Act, as amended.
(c) The
parties to this Agreement shall not serve nor progress prior to