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BLE

MAY 19, 1986

 

AWARD of ARBITRATION BOARD NO. 458

DATED MAY 19, 1986

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 minima 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)(i) 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

Base Month Measurement Month of

Adjustment

(1) (2)

(3)

September 1985 March 1986 October

1, 1986

March 1986 September 1986 January

1, 1987

September 1986 March 1987 July

1, 1987

March 1987 September 1987 January

1, 1988

(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

(1) 2)

October 1, 1986 4% of September 1985

CPI

January 1, 1987 8% of September 1985

CPI, less

the increase from September

1985

to March 1986

July 1, 1987 4% of September 1986 CPI

January 1, 1988 8% of September 1986

CPI, less

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 S12.92 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 October 1, 1986

is limited to that in excess of 19 cents per hour.

(ii) The combined increases, if any, to be paid as a

result of the adjustments effective October 1, 1986 and January

1, 1987 are limited to those in excess of 48 cents per hour.

(iii) Any increase to be paid effective July 1, 1987 is

limited to that in excess of 20 cents per hour.

(iv) The combined increases, if any, to be paid as a

result of the adjustments effective July 1, 1987 and January 1,

1988 are limited to those in excess of 51 cents per hour.

(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 July 1, 1984 through July 31, 1985

will be paid $565.00. Those employees with fewer straight time

hours paid for will be paid an amount derived by multiplying

$565.00 by the number of straight time hours (including vacations

and holidays, as described above) paid for during that period

divided by 2,150.

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 June 30, 1986. Such rates shall be exempted from wage

increases as provided in Section l(a) of this Article. Weight-on-

drivers additives will apply to mileage rates calculated in

accordance with this provision.

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

July 1, 1986 104 13.0 104

20.8

July 1, 1987 106 13.25 106

21.2

June 30, 1988 108 13.5 108

21.6

(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 June 30, 1988, overtime will begin on a trip of 125 miles

in through freight service after 125/13.5 = 9.26 hours or 9 hours

and 16 minutes. In through freight service, overtime will not be

paid prior to the completion of 8 hours of service.

Section 3 - Conversion to Local Rate

When employees in through freight service become entitled to

the local rate of pay under applicable conversion rules, ,he

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 November 1,

1985.

(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 July 1, 1986 except on

such carriers as may elect to preserve existing rules or

practices and so notify the authorized employee representatives

on or before such date.

 

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 November 1, 1985.

** Employees whose earliest seniority date in engine or

train service is established on or after November 1, 1985.

Section 3 - Applications

Deadheading will not be paid where not paid under existing

rules.

- - - - - - - - - -

This Article shall become effective July 1, 1986 except on

such carriers as may elect to preserve existing rules or

practices and so notify the authorized employee representatives

on or before such date.

 

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

November 1, 1985. Upon expiration of the three year period

described above, the five day yard rate will apply to any

assignment reduced to working less than six or seven days a week

pursuant to this Article.

(d) The annulment or abolishment and subsequent re-

establishment 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 November 1, 1985 and is not

subject to general or other wage increases.

(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 July 26, 1978, except by

mutual agreement.

(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 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 June 1, 1986 except on

such carriers as may elect to preserve existing rules or

practices and so notify the authorized employee representatives

on or before such date.

 

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, crew members 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 adversely 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 June 1, 1986 except on

such carriers as may elect to preserve existing rules or

practices and so notify the authorized employee representatives

on or before such date. Article VIII of the May 13, 1971

Agreement shall not apply on any carrier on which this Article

becomes 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 - FIREMEN

A. On carriers where the Brotherhood of Locomotive Engineers

represents firemen and the provisions of the July 19, 1972

Manning and Training Agreements, as amended, are in effect, the

following will apply:

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 July 19, 1972 Manning and Training

Agreements

(1) Change Article I, Section l(a) to read as follows:

"(a) For fulfilling needs arising as the result 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 follows:

"(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 rules 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 miles

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 plus 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 holidays,

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 (helpers) 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 rules 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 November 1, 1985 will have the right

to exercise seniority limited to designated positions of

passenger fireman, hostler or hostler helper. The seniority

rights of such firemen are subject to the following

exceptions:

(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."

(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 November 1, 1985 may be furloughed

when not utilized pursuant to Section 1.5 of this Article."

(8) Change Article III, Section 5(a) to read as follows:

"Section 5(a) - With respect to firemen (helpers) employed

after July 19, 1972 and prior to November 1, 1985 the

provisions of Section 4(a) above will be temporarily

suspended on any seniority district to the extent provided

in this Section 5 if there is a decline in business within

the meaning of this Section."

(9) Change Article IV, Section 1 to read as follows:

"Section 1 - Firemen (helpers) who established a seniority

date as fireman prior to November 1, 1985 shall be used on

assignments in passenger service on which under agreements

in effect immediately prior to August 1, 1972, the use of

firemen (helpers) would have been required. The use in

passenger service of firemen (helpers) who establish

seniority as firemen on or after November 1, 1985 will be

confined to assignments designated by the carrier."

(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 November 1, 1985 will continue to fill hostler and

hostler helper positions and vacancies thereon in accordance

with agreements in effect as of that date. If such position

cannot be filled by such employees, and it is not

discontinued pursuant to Paragraph (b) above, other

qualified employees may be used.

(d) Yard crews may perform hostling work without additional

payment or penalty to the carrier.'

(11) Change Article VIII to read as follows:

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 November 1, 1985 (who are

subject to work as locomotive engineers). Where applied,

Reserve Fireman status shall be granted in seniority order

on a seniority district or home zone basis under the terms

listed below:

(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:

Holiday Pay

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."

Section 2 - Application

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.

B. On carriers where the Brotherhood of Locomotive Engineers

represents firemen and the provisions of the July 19, 1972

Manning and Training Agreements, as amended, are not in effect,

the following will apply:

(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 limited

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

November 1, 1985 will have the right to exercise seniority

limited to designated positions of passenger fireman,

hostler or hostler helper. The seniority rights of such

firemen are subject to the following exceptions:

(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

November 1, 1985 may be furloughed when not utilized under

paragraph (3) of this Article.

(6) Firemen who established a seniority date as fireman prior

to November 1, 1985 shall be used on assignments in

passenger service on which, under agreements in effect

immediately prior to the date of this agreement, the use of

firemen would have been required. The use in passenger

service of firemen who establish seniority as firemen on or

after November 1, 1985 will be confined to assignments

designated by the carrier.

(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 November 1, 1985 will continue to fill hostler and

hostler helper positions and vacancies thereon in accordance

with agreements in effect as of that date.

(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 November 1, 1985 (who are

subject to work as locomotive engineers). Where applied,

Reserve Fireman status shall be granted in seniority order

on a seniority district or home zone basis under the terms

listed below:

(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:

Holiday Pay

Personal Leave

Bereavement Leave

Jury Pay

Other similar special allowances

(h) Reserve Firemen are covered by:

Health and Welfare Plans

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 XIV - EXPENSES AWAY PROM HOME

Effective July 1, 1986, the meal allowance provided for in

Article II, Section 2 of the June 25, 1964 National Agreement, as

amended, is increased from $3.85 to $4.15.

 

ARTICLE XV - BENEFITS PROVIDED UNDER THE RAILROAD EMPLOYEES

NATIONAL

HEALTH AND WELFARE PLAN

Section 1 - Continuation of Plan

Except as provided in this Article, the benefits and other

provisions under the Railroad Employees National Health and

Welfare Plan will be continued. Contributions to the Plan will

be offset by the expeditious use of such amounts as may at any

time be in Special Account A or in one or more special accounts

or funds maintained by the insurer in connection with Group

Policy Contract GA-23000, and by the use of funds held in trust

that are not otherwise needed to pay claims, premiums or

administrative expenses which are payable from trust.

Section 2 - Benefit Changes

The following changes in benefits provided under the Plan

and in matters related to such benefits will be made:

(a) Hospital Pre-Admission & Utilization Review Program -

This program shall include a comprehensive guidance and support

structure for employees and other beneficiaries covered by the

Plan and their physicians beginning prior to planned

hospitalization and continuing through recovery period. The

program shall include, among other things, review of the

propriety of hospital admission (including the feasibility of

ambulatory center or out-patient treatment), 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. Reduced benefits will be provided if the program

is not fully complied with. This program shall become effective

as soon as practicable in order to provide adequate time to set

up and communicate the program.

(b) Extension of Benefits - Vacation pay received by a

furloughed employee shall not qualify such employee for any

benefits under the Plan and will not generate premium payments on

his behalf. This change shall become effective January 1, 1988.

(c) Reinsurance - Reinsurance will be discontinued as soon

as practicable.

Section 3 - Special Committee

(a) A Special Committee selected by the parties will be

established for the purpose of reviewing and making

recommendations concerning ways to contain health care costs

consistent with maintaining the quality of medical care; and

reviewing the existing Plan structure and financing and making

recommendations in connection therewith. In addition, the

Committee may review and make recommendations with respect to any

other matter included in the parties' notices with respect

to the health care plan.

(b) The Committee shall retain the services of a recognized

expert on health care systems to serve as a neutral chairman. The

fees and expenses of the chairman shall be paid by the parties.

(c) The Committee shall be convened as promptly as possible

and meet periodically until all of the matters that it considers

are resolved. However, if the Committee has not resolved all

issues by August 1, 1986, the neutral chairman will make

recommendations on such unresolved issues no later than September

1, 1986. Upon voluntary resolution of all issues or upon

issuance of recommendations by the neutral chairman, whichever is

later, the Committee shall be dissolved.

(d) The proposals of the parties concerning health benefits

(specifically, the organization's proposals dated January 17,

1984, entitled "Revise Contract Policy GA-23000" and the

carriers' proposals dated on or about January 23, 1984, entitled

"C. Insured Benefits") shall not be subject to the moratorium

provisions of this Agreement, but, rather, shall be held in

abeyance pending efforts to resolve these issues through the

procedure established above. If, after 60 days from the date the

neutral Chairman makes his recommendations, the parties have not

reached agreement on all unresolved issues, the notices may be

progressed under the procedures of the Railway Labor Act, as

amended.

(e) Agreement reached by the parties on these issues will

provide for a contract duration consistent with the provisions of

Article XVIII of the Agreement, regardless of whether such

agreement occurs during the time that the proposals of the

parties are held in abeyance or subsequent to the time that they

may be progressed in accordance with the procedures of the

Railway Labor Act as provided for above.

 

ARTICLE XVI - INFORMAL DISPUTES COMMITTEE

Disputes arising over the application or interpretation of

this agreement will, in the absence of a contrary provision, be

referred to an Informal Disputes Committee consisting of an equal

number of representatives of both parties.

If the Committee is unable to resolve a dispute, it may

consider submitting the dispute to arbitration on a national

basis for the purpose of ensuring a uniform application of the

provisions of this Agreement.

 

ARTICLE -VII - 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, water coolers, 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.

A. Local Implementation

Each individual carrier will designate an appropriate

official(s) who will contact the BLE General Chairman (Chairmen)

and arrange a meeting within 30 days from the date of this

Agreement for the following purpose:

(a) Review the policies on the individual railroad

concerning the existing procedures for reporting and correcting

locomotive deficiencies, assess the effectiveness of such

procedures, and, where appropriate, establish methods for

obtaining more satisfactory results.

(b) Institute a program whereby the Local BLE representative

and the carrier's supervisors at each facility will participate

in direct discussions regarding any maintenance problems at the

locations under their jurisdiction for the purpose of carrying

out the intent of this understanding, including evaluating the

reports and suggestions of either party and implementing agreed-

upon solutions thereto.

B. National Committee

A national committee will be established within 30 days from

the date of this Agreement, consisting of two members of the

National Carriers' Conference Committee and two representatives

of the BLE. The Committee may review and make recommendations

with respect to any maintenance problem on an individual property

that is referred to it by either party after efforts to resolve

such matter on the individual property have been exhausted.

The Committee may also consider any matter where the parties

on an individual property have jointly concluded that the subject

matter is one that may be addressed more appropriately on a

national level.

Section 2 - Dispatchment Of Locomotives

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 lights

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 toilet paper or hand towels

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 reasonable person would conclude that the carrier is

in substantial 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 unreasonable 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 plans 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.

 

ARTICLE XVIII - 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 during the period of the Agreement and is

in settlement of the dispute growing out of the notices served

upon the carriers listed in Exhibit A by the organization

signatory hereto dated on or about October 20, 1979, January 3,

1984 and January 17, 1984, and the notices served on or about

January 23, 1984 by the 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 June 30, 1988 and thereafter until

changed or modified in accordance with the provisions of the

Railway Labor Act, as amended.

(c) Except as provided in Sections 2(d) and 2(e) of this

Article, the parties to this Agreement shall not serve nor

progress prior to April 1, 1988 (not to become effective before

July 1, 1988) any notice or proposal for changing any matter

contained in:

(1) this Agreement,

(2) the proposals of the parties identified in Section 2(a)

of this Article, and

(3) Section 2(c)(3) of Article VIII of the Agreement of

March 6, 1975,

and any pending notices which propose such matters are hereby

withdrawn.

(d) The notices of the parties referred to in Article XV of

this Agreement may be progressed in accordance with the

provisions of Section 3(d) of that Article.

(e) New notices or pending notices that are permitted under

the terms of the Letter Agreement of this date concerning

intercraft pay relationships shall be governed by the terms of

that Letter Agreement.

(f) Pending notices and new proposals properly served under

the Railway Labor Act covering subject matters not specifically

dealt with in Sections 2(c), 2(d) and 2(e) of this Article and

which do not request compensation may be progressed under the

provisions of the Railway Labor Act, as amended.

(g) This Article will not bar management and committees on

individual railroads from agreeing upon any subject of mutual

interest.

 

DATED THIS 19th DAY OF MAY, 1986, AT WASHINGTON, D.C.

 

Rodney E. Dennis

Chairman of Arbitration Board

 

Charles I. Hopkins, Jr. W. J. Wanke

Carrier Member Organization Member

 

 

SIDE LETTERS

 

@#l

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

@#2

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

@#3

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#3A

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44144

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#3B

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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 i~ 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).

Please indicate your agreement by signing your name in the

space provided below:

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

 

#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 November 1, 1985;

otherwise, 5 hours.

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 i9 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 November 1, 1985. Actual time

will be paid to others.

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 November 1, 1985:

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 are

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.

 

 

#5

May

19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C.I. Hopkins

 

I agree:

John F. Sytsma

 

 

#6

May

19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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 set-

out, and the re-spotting of cars that may be moved off spot in

the making of the two straight setouts or pickups.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

6A

May

19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#7

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#8

May 19,

1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#9

January 31, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#9A

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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 S1.0819

Pay:

Basic day $111.43

Overmiles (250-104) x $1.0819 157.96

Overtime 11-(250/25) x (111.43/8) x 1.5 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

Dally rate $111.43

Mileage rate $1. 0819

Pay:

Basic day $111.43

Overmiles (200-104) x $1.0819 103.86

Overtime 10-9.5 x ($111.43/8) x 1.5

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 November 1, 1985 while such employees are

working interdivisional runs established subsequent to June 1,

1986. They will also apply to employees who established seniority

in engine service on or after November 1, 1985 regardless of when

the interdivisional runs on which they are working were

established.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

 

I agree:

John F. Sytsma

 

 

#10

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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

crew members riding in the locomotive consist.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#11

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#12

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#12A

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#13

May 1 9, 1 986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#14

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#15

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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 i8 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 ;he 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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#16

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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 ,o 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 .he same time cost-effective decisions about

treatment alternatives.

The program accomplishes these objectives by providing .o

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.

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 ,hat 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 surgi-centers 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 .hat its

adoption shall be a constructive and useful addition to the

benefits currently provided under the Plan.

Please indicate your agreement by signing your name n the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

Attachments (Descriptive material furnished BLE)

 

I agree:

John F. Sytsma

 

 

#17

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear ~r. Sytsma:

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, .he

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#18

May 19, 1986

Mr. Charles I. Hopkins, Jr.

Chairman

National Railway Labor Conference

1901 L Street, N.W., Suite 500

Washington, DC 20036

Dear Mr. Hopkins:

This is to advise you that I am agreeable to the provisions

of Article XV Health and Welfare Plan except .hat 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.

Very truly yours,

John F. Sytsma

 

 

#19

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#20

May 19, 1986

 

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Avenue

Cleveland, OH 44114

Dear Mr. Sytsma:

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 a

L .he 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) ~o 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).

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#20A

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Please indicate your agreement by signing your name in the

space provided below.

Very truly yours,

C. I. Hopkins, Jr.

 

I agree:

John F. Sytsma

 

 

#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 i8 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 less 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 subsequently 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 i9 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.

 

 

#22

May 19, 1986

Mr. John F. Sytsma

President

Brotherhood of Locomotive Engineers

1112 Engineers Building

1365 Ontario Street

Cleveland, OH 44114

Dear Mr. Sytsma:

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.

Very truly yours,

C. I. Hopkins, Jr.

 

 

#23

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 .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.

 

John F. Sytsma C. I. Hopkins, Jr.

President Chairman

Brotherhood of Locomotive National Carriers'

Conference

Engineers Committee