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AGREEMENT

IT IS HEREBY AGREED this 1st day of May, 1996:

 

ARTICLE I - THOROUGHBRED PERFORMANCE BONUS

Section 1

The Parties signatory hereto pledge their unceasing efforts to transform Norfolk Southern into the safest, most customer-focused, and successful transportation company in the world. The Parties further agree that the compensation system of a world-class transportation company must reflect both the risks and rewards of competing in today's market. This Agreement is the product of that consensus.

Section 2

(a) Effective January 1, 1996 and payable in 1997 locomotive engineers represented by the undersigned General Committees will be eligible for a bonus up to a maximum of five percent (5%) of their engineer earnings in the preceding calendar year.

(b) Effective January 1, 1997 and payable in 1998 locomotive engineers represented by the undersigned General Committees will be eligible for a bonus up to a maximum of five percent (5%) of their engineer earnings in the preceding calendar year.

(c) Effective January 1, 1998 and payable in 1999, and each year thereafter, locomotive engineers represented by the undersigned General Committees will be eligible for a bonus up to a maximum of ten percent (10%) of their engineer earnings in the preceding calendar year.

Section 3

(a) In any year that an annual bonus is paid under Norfolk Southern Corporation's Bonus Program, the amount payable to an engineer will be calculated by multiplying the employee's engineer earnings for the preceding calendar year by the appropriate percentage in Section 2 of this Article and then by the percentage of the maximum annual bonus (to the second decimal place) paid under the Bonus Program in that year. The "percentage of the maximum annual bonus paid under the Bonus Program" for any given year is hereinafter referred to as the "PBP."

 

Example: If the PBP is 100% of the maximum bonus in calendar year 1997 and the engineer's earnings in his craft in the preceding calendar year (1996) are $50,000, the following calculation applies:

.05 x $50,000 x 1 = $2,500 ( paid in 1997 )

 

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Example: If the PBP is 95.78% of the maximum bonus in calendar year 1999 and the engineer's earnings in his craft in the preceding calendar year (1998) are $50,000, the following calculation applies:

.1 x $50,000 x .9578 = $4,789 (paid in 1999)

(b) For the purposes of this section, engineer earnings consist of all payments made under an agreement between the undersigned carriers and the Brotherhood of Locomotive Engineers during the applicable calendar year. The following payments shall be excluded from engineer earnings:

(I) Thoroughbred Performance Bonus payments,

(ii) expense reimbursements and allowances, including, but not limited to those required by any protective conditions,

(iii) any payment made by the carriers in the exercise of their managerial rights; however, this will not restrict the carriers from including such payments in engineer earnings at its sole discretion,

(iv) any payment made pursuant to a verdict, award or other settlement of a legal dispute.

Section 4

The undersigned carriers will advise the undersigned General Committees of the PBP for each calendar year. The determination of the PBP, including but not limited to the methodology employed and the determination of any figures utilized in the calculation of the PBP, shall remain at management's sole discretion, and shall not be a subject for review, negotiation or dispute. Payment will be made as soon as reasonably possible after the bonus is paid under the Bonus Program.

Section 5

Payments made under this article will not be used in the calculation of vacation pay.

 

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ARTICLE II - SPECIAL PAY DIFFERENTIAL AND COST OF LIVING PAYMENTS

PART A - SPECIAL PAY DIFFERENTIAL

Section 1

Employees who meet the conditions specified in Article V of the 1991 National Implementing Document will continue to receive the frozen differential of $15 per basic day and 15 cents per mile for miles in excess of the miles encompassed in the basic day under Article V.

Section 2

Employees working as engineers who meet the conditions specified in Article V Section 1, but not Sections 2 (a) and 2 (b) of the 1991 National Implementing Document will, as of the earlier of July 1, 1996 or fourteen days after the ratification of this agreement, receive the frozen differential of $15 per basic day and 15 cents per mile for miles in excess of the miles encompassed in the basic day.

 

PART B - COST OF LIVING PAYMENTS - 1991 National Implementing Document

The nine-cent cost-of-living allowance in effect beginning July 1, 1995 pursuant to Article II, Part B of the 1991 National Implementing Document shall be rolled into basic rates of pay on November 30, 1995 and such Article II, Part B shall be eliminated at that time. Any amounts paid from January 1, 1996 under the aforementioned COLA provision (effective January 1, 1996) shall be deducted from regular pay after the effective date of this Agreement.

 

PART C - COST-OF-LIVING ALLOWANCE & ADJUSTMENTS THERETO AFTER JANUARY 1, 2000

Section 1 - Cost-of-Living Allowance and Effective Dates of Adjustments

(a) A cost-of-living allowance shall be payable in the manner set forth in and subject to the provisions of this Part, on the basis of the "Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised Series) (CPI-W)" (1967=100) , U.S. Index, all items - unadjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor, and hereinafter referred to as the CPI. The first such cost of-living allowance shall be payable effective July 1, 2000 based, subject to paragraph (d), on the CPI for March 2000 as compared with the CPI for September 1999.

 

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Such allowance, and further cost-of-living adjustments thereto which shall become effective as described below, shall be based on the change in the CPI during the respective measurement periods shown in the following table, subject to the exception provided in paragraph (d) (iii), according to the formula set forth in paragraph (e)

Measurement Periods

Effective Date

Base Month Measurement Month of Adjustment

September 1999 March 2000 July 1, 2000

March 2000 September 2000 January 1, 2001

Measurement Periods and Effective Dates conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Article is in effect.

(b) While a cost-of-living allowance is in effect, such cost-of-living allowance shall apply to straight time, overtime, vacations, holidays and to special allowances in the same manner as basic wage adjustments have been applied in the past, except that such allowance shall not apply to duplicate time payments, including arbitraries and special allowances that are expressed in time, miles or fixed amounts of money.

(c) The amount of cost-of-living allowance, if any, that shall be effective from one adjustment date to the next may be equal to, or greater or less than, the cost-of-living allowance in effect in the preceding adjustment period

(d) (I) Cap. In calculations under paragraph (e), the maximum increase in the CPI that shall be taken into account shall be as follows:

Effective Date Maximum CPI Increase That

of Adjustment Shall Be Taken Into Account

July 1, 2000 3% of September 1999 CPI

January 1, 2001 6% of September 1999 CPI,

less the increase from

September 1999 to March 2000

Effective Dates of Adjustment and Maximum CPI Increases conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Article is in effect.

 

 

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(ii) Limitation. In calculations under paragraph (e), only fifty (50) percent of the increase in the CPI in any measurement period shall be considered.

(iii) If the increase in the CPI from the base month of September 1999 to the measurement month of March 2000 exceeds 3% of the September 1999 base index, the measurement period that shall be used for determining the cost-of-living adjustment to be effective the following January shall be the 12-month period from such base month of September; the increase in the index that shall be taken into account shall be limited to that portion of the increase that is in excess of 3% of such September base index; and the maximum increase in that portion of the index that may be taken into account shall be 6% of such September base index less the 3% mentioned in the preceding clause, to which shall be added any residual tenths of points which had been dropped under paragraph (e) below in calculation of the cost-of-living adjustment which shall have become effective July 1, 2000 during such measurement period.

(iv) Any increase in the CPI from the base month of September 1999 to the measurement month of September 2000 in excess of 6% of the September 1999 base index shall not be taken into account in the determination of subsequent cost of living adjustments.

(v) The procedure specified in subparagraphs (iii) and (iv) shall be applicable to all subsequent periods during which this Article is in effect.

(e) Formula. The number of points change in the CPI during a measurement period, as limited by paragraph (d), shall 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 shall not be counted.)

The cost-of-living allowance in effect on December 31, 2000 shall be adjusted (increased or decreased) effective January 1, 2001 by the whole number of cents produced by dividing by 0.3 the number of points (including tenths of points) change, as limited by paragraph (d), in the CPI during the applicable measurement period. Any residual tenths of a point resulting from such division shall be dropped. The result of such division shall be added to the amount of the cost-of-living allowance in effect on December 31, 2000 if the CPI shall have been higher at the end than at the beginning of the measurement period, and subtracted therefrom only if the index shall have been lower at the end than at the beginning of the measurement period and then, only to the extent that the

 

 

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allowance remains at zero or above. The same procedure shall be followed in applying subsequent adjustments.

(f) Continuance of the cost-of-living allowance and the adjustments thereto provided herein 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 Article, revise or change the methods or basic data used in calculating such Index in such a way as to affect the direct comparability of such revised or changed index with the CPI-W during a measurement period, then that Bureau shall be requested to furnish a conversion factor designed to adjust the newly revised index to the basis of the CPI-W during such measurement period.

Section 2 - Payment of Cost-of-Living Allowances

(a) The cost-living allowance payable to each employee effective July 1, 2000 shall be equal to the difference between (I) the cost-of-living allowance effective on that date pursuant to Section 1 of this Part, and (ii) the lesser of (x) the cents per hour produced by dividing one-quarter of the increase, if any, in the carriers' 1999 payment rate for foreign-to-occupation health benefits under the Plan over such payment rate for l998, by the average composite straight-time equivalent hours that are subject to wage increases for the latest year for which statistics are available, and (y) one-half of the cost-of-living allowance effective July 1, 2000.

(b) The increase in the cost-of-living allowance effective January 1, 2001 pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

(c) The increase in the cost-of-living allowance effective July 1, 2001 pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

(d) The procedure specified in paragraphs (b) and © shall be followed with respect to computation of the cost-of-living allowances payable in subsequent years during which this Article is in effect.

(e) The definition of the carriers' payment rate for foreign-to-occupation health benefits under the Plan set forth in Side Letter #1 of this agreement shall apply with respect to any year covered by this section.

(f) In making calculations under this section, fractions of a cent shall be rounded to the nearest whole cent; fractions less

 

 

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than one-half cent shall be dropped and fractions of one-half cent or more shall be increased to the nearest full cent.

Section 3 - Application of Cost-of-Living Allowances

The cost-of-living allowance provided for by Section 1 of this Part C will not become part of basic rates of pay. In application of such allowance, each one cent per hour of cost-of-living allowance that is payable shall be treated as an increase of 8 cents in the basic daily rates of pay produced by application of Article I. The cost-of-living allowance will otherwise be applied in keeping with the provisions of Article I, Section 3 of Side Letter #1.

Section 4 - Continuation of Part C

The arrangements set forth in Part C of this Article shall remain in effect according to the terms thereof until revised by the parties pursuant to the Railway Labor Act.

 

ARTICLE III - DENTAL BENEFITS

Section 1 - Continuation of Plan

The benefits now provided under the Railroad employees National Dental Plan (Dental Plan), modified as provided in Section 2 below, will be continued subject to the provisions of the Railway Labor Act, as amended.

Section 2 - Eligibility

Existing eligibility requirements under the Dental Plan are amended, effective January 1, 1996, to provide that in order for an employee and his eligible dependents to be covered for Covered Dental Expenses (as defined in the Dental Plan) during any calendar month by virtue of rendering compensated service or receiving vacation pay in the immediately preceding calendar month (the "qualifying month"), such employee must have rendered compensated service on, or received vacation pay for, an aggregate of at least seven (7) calendar days during the applicable qualifying month. Any calendar day on which an employee assigned to an extra list is available for service but does not perform service shall be deemed a day of compensated service solely for purposes of this Section. Existing Dental Plan provisions pertaining to eligibility for and termination of coverage not specifically amended by this Section shall continue in effect.

 

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Section 3 - Benefit Changes

The following changes will be made effective as of January 1, 1999

(a) The maximum benefit (exclusive of any benefits for orthodonture) which may be paid with respect to a covered employee or dependent in any calendar year beginning with calendar year 1999 will be increased from $1000 to $1,500.

(b) The lifetime aggregate benefits payable for all orthodontic treatment rendered to a covered dependent, regardless of any interruption in service, will be increased from $750 to $1,000.

(c) The exclusion from coverage for implantology (including synthetic grafting) services will be deleted and dental implants and related services will be added to the list of Type C dental services for which the Plan pays benefits

(d) Repair of existing dental implants will be added to the list of Type B dental services for which the Plan pays benefits.

(e) One application of sealants in any calendar year for dependent children under 14 years of age will be added to the list of Type A dental services for which the Plan pays benefits.

(f) The Plan will pay 80%, rather than 75%, of covered expenses for Type B dental services.

(g) The Plan will establish and maintain an 800 telephone number that employees and dependents may use to make inquiries regarding the Plan.

ARTICLE IV - VISION CARE

Section 1 - Establishment and Effective Date

The railroads will establish a Vision Care Plan to provide specified vision care benefits to employees and their dependents, to become effective January 1, 1999 and to continue thereafter subject to provisions of the Railway Labor Act, as amended, according to the following provisions:

(a) Eligibility and Coverage. Employees and their dependents will be eligible for coverage under the Plan beginning on the first day of the calendar month after the employee has completed a year of service for a participating railroad, but no earlier than the first day of January 1999. An eligible employee who renders compensated service on, or receives vacation pay for, an aggregate

 

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of at least seven (7) calendar days in a calendar month will be covered under the Plan, along with his eligible dependents, during the immediately succeeding calendar month. Any calendar day on which an employee assigned to an extra list is available for service but does not perform service shall be deemed a day of compensated service solely for the purposes of this Section.

(b) Managed Care Managed vision care networks that meet standards developed by the National Carriers' Conference Committee concerning quality of care, access to providers and cost effectiveness shall be established wherever feasible. Employees who live in a geographical area where a managed vision care network has been established will be enrolled in the network along with their covered dependents. Employees enrolled in managed vision care network will have a point-of-service option allowing them to choose an out-of-network provider to perform any vision care service covered by the Plan that they need. The benefits provided by the Plan when services are performed by in-network providers will be greater than the benefits provided by the Plan when the services are performed by providers who are not in-network providers, including providers in geographic areas where a managed vision care network has not been established. These two sets of benefits will be as described in the table below.

 

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Plan Benefit

In-Network

Other Than

In-Network

One vision examination

per 12-month period.

100% of reasonable and

customary charges

 

100% of reasonable and

customary charges up to

a $35 maximum

One set of frames of

any kind per 24-month

period.

100% of reasonable and

customary charges 1

100% of reasonable and

customary charges up to

a $35 maximum

One set of two lenses

of any kind, including

contact lenses, per 24-

month period.

100% of reasonable and

customary charges 2

100% of reasonable and

customary charges up to

the following maximums:

up to $25 for single

vision lenses

up to $40 for bifocals

up to $55 for trifocals

up to $80 for lenticulars

up to $210 for medically

necessary contact lenses

up to $105 for contact

lenses that are not

medically necessary

Where the employee or

dependent requires only

one lens.

100% of reasonable and

customary charges 2

100% of reasonable and

customary charges up to

a maximum of one-half

of the maximum benefit

payable for a set of

two lenses of the same

kind

 

 

1 Patients who select frames that exceed a wholesale allowance established under the program may be required to pay part of the cost of the frames selected.

 

2 Patients may be required to pay part of the cost of spectacle lenses or lens characteristics that are not necessary for the patients visual welfare.  Moreover, patients who choose contact lenses in lieu of spectacle may be required to pay part of a contact lens evaluation fee and part of the cost of fitting and materials.

 

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Section 2 - Administration

The Vision Care Plan will be administered by the National Carriers' Conference Committee, which will bear the same responsibilities and perform the same functions as it does with respect to the Railroad Employees National Dental Plan, including the development of detailed plan language describing the Plan's eligibility, coverage, benefit and other provisions.

 

ARTICLE V - BENEFITS ELIGIBILITY

Section 1 - Health and Welfare Plan

The Railroad Employees National Health and Welfare Plan ("the Plan") is amended, effective January 1, 1996, as provided in this Section. In order for an Eligible Employee (as defined by the Plan) to continue to be covered by the Plan during any calendar month by virtue of rendering compensated service or receiving vacation pay in the immediately preceding calendar month (the "qualifying month") such employee must have rendered compensated service on, or received vacation pay for, an aggregate of at least seven (7) calendar days during the applicable qualifying month. Any calendar day on which an employee assigned to an extra list is available for service but does not perform service shall be deemed a day of compensated service solely for purposes of this Section. Existing Plan provisions pertaining to eligibility for and termination of coverage not specifically amended by this Section shall continue in effect.

Section 2 - Vacation Benefits

Existing rules governing vacations are amended as follows effective January 1, 1997:

(a) The minimum number of basic days in miles or hours paid for, as provided in individual schedules, on which an employee must render service under schedule agreements held by the organization signatory hereto to qualify for an annual vacation for the succeeding calendar year shall be increased by fifty (50) percent from the minimum number applicable under vacation rules in effect on the date of this Agreement. The multiplying factors set forth in vacation rules in effect on the date of this Agreement shall be amended to provide that each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualification for vacation based on service rendered in the preceding calendar year.

 

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NOTE: It is the parties' intent that, in accordance with application of the multiplying factors set forth in existing vacation rules as amended above, commencing with calendar year 1997 this subsection would require the equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a calendar year in road service to qualify for an annual vacation for the succeeding year.

(b) Calendar days on which an employee assigned to an extra list is available for service and on which days he performs no service, not exceeding ninety (90) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of forty-five (45) , on which an employee is absent from and unable to perform service because of injury received on duty will be included. Such calendar days shall not be subject to the multiplying factors set forth in existing vacation rules as amended.

(c) Calendar days on which an employee is compensated while attending training and rules classes at the direction of the carrier will be included in the determination of qualification for vacation. Such calendar days shall not be subject to the multiplying factors set forth in existing vacation rules as amended.

(d) During a calendar year in which an employee’s vacation entitlement will increase on the anniversary date, such employee shall be permitted to schedule the additional vacation time to which entitled on the anniversary date at any time during that calendar year.

(e) An employee may make up to two splits in his annual vacation in any calendar year.

(f) An employee may take up to one week of his annual vacation in single day increments, provided, however, that such employee shall be automatically marked up for service upon the expiration of any single day vacation.

(g) Existing rules and practices regarding vacation not specifically amended by this Section, including (but not limited to) scheduling of vacations, shall continue in effect without change.

Section 3

This Article is not intended to restrict any of the existing rights of a carrier except as specifically provided herein.

 

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ARTICLE VI - PERSONAL LEAVE

See Side Letter #5.

 

ARTICLE VII - ENHANCED EMPLOYMENT OPPORTUNITIES

Section 1

In the event that a carrier sells or leases its interest in one or more rail lines to a non-carrier pursuant to a transaction authorized under 49 U.S.C. $l090l (or any successor provision) as to which labor protective conditions have not been imposed by any governmental authority, any employee represented by the organization signatory hereto who (I) as a result of that transaction is deprived of employment with the carrier because of the abolition of his position, and (ii) does not accept employment with the purchaser shall be entitled to the benefits set forth in Section 2.

Section 2

(a) An employee covered by Section 1 shall have the right, in seniority order, to bid on vacant positions or claim locomotive engineer positions at any location on the carrier at any time within ninety (90) days after being deprived of employment. Seniority issues associated with the exercise of that right shall be resolved by the carrier and the organization representative or, absent agreement and at the request of either party by written notice served on the appropriate representative of the other party, by final and binding arbitration as provided in subsection (b). Solely for the purpose of this Section, a single locomotive engineer seniority roster for the carrier shall be developed, in accordance with applicable rules and procedures, no later than June 30, 1996

(b) The arbitrator shall be selected by the parties. If they fail to agree within five days from the date notice of the submission to arbitration is received from the moving party, either party may request a list of five potential arbitrators from the National Mediation Board, from which the parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be paid under Section 153 of the Railway Labor Act.

(c) An employee exercising rights under this Section who relocates his residence shall receive a relocation allowance of $5,000, provided, however, that an employee shall be required to elect between such allowance and any carrier relocation benefits that may be provided to such employee under other existing

 

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agreements or arrangements. Such allowance shall be paid in two equal installments: the first payable on the relocation date, and the second ninety (90) days thereafter. Such allowance (or any portion thereof) shall be payable as provided as long as the individual has an employment relationship with the carrier and is still at the new location at the time the payment is due.

NOTE:   Employees who presently have extended seniority and who are deprived of

employment on their prior right territory(s) as a result of a transaction covered in Section

1, will be covered by the conditions of Section 2 (c), provided that any exercise of seniority

must be beyond their prior right territory(s), with a minimum of fifty (50) miles distance.

Section 3

In the case of any transaction authorized under 49 U.S.C. $l090l (or any successor provision), the arrangements provided for under this Article shall be deemed to fulfill all of the parties’ bargaining obligations that may exist under any applicable statute, agreement or other authority with respect to such transaction, and shall also be deemed to satisfy the standards for the protection of the interests of employees who may be affected by such transaction described in 49 U.S.C. $10901(e)

Section 4

This Article shall become effective ten (10) days after the date of this Agreement and is not intended to restrict any of the existing rights of a carrier except as specifically provided herein.

 

ARTICLE VIII - RATE PROGRESSION ADJUSTMENT FOR PROMOTION

Section 1

(a) An employee who is subject to national rules concerning rate progression on the effective date of this Article shall have his position on the rate progression scale adjusted to the next higher level upon promotion to engineer. An employee covered by this Agreement who is subject to Article IV, Section 5 of the 1991 National Implementing Document (Rate Progression - New Hires) on the effective date of this Article shall have his position on the rate progression scale adjusted to the next higher level on such effective date.

(b) The next adjustment to an employee’s position on the rate progression scale after the adjustment specified in subsection (a) of this Section shall be made when such employee completes one year

 

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of "active service" (as defined by the aforementioned Article IV, Section 5) measured from the date on which that employee would have attained the position of employee on the rate progression scale provided pursuant to subsection (a) of this Section.

Section 2

Local rate progression rules applicable on a carrier that is not covered by the aforementioned Article IV, Section 5 are hereby amended in the same manner as provided in Section 1.

 

Section 3

This Article shall become effective ten (10) days after the date of this Agreement and is not intended to restrict any of the existing rights of a carrier except as specifically provided herein.

 

ARTICLE IX - ENHANCED CUSTOMER SERVICE

Article VIII - Special Relief, Customer Service - Yard Crews of the 1991 National Implementing Document is amended to read as follows and furthermore shall be applicable to all carriers party to this Agreement:

Section 1

(a) When an individual carrier has a customer request for particularized handling that would provide more efficient service, or can show a need for relaxation of certain specific work rules to attract or retain a customer, such service may be instituted on an experimental basis for a six-month period.

(b) Prior to implementing such service, the carrier will extend seven (7) days advance notice where practicable but in no event less than forty-eight (48) hours' advance notice to the General Chairman of the employees involved. Such notice will include an explanation of the need to provide the service, a description of the service, and a description of the work rules that may require relaxation for implementation. Relaxation of work rules that may be required under this Article shall be limited to: starting times, yard limits, calling rules, on/off duty points, seniority boundaries, and class of service restrictions.

(c) A Joint Committee, comprised of an equal number of carrier representatives and organization representatives, shall determine whether a need exists, as provided in paragraph (a), to provide the service. If the Joint Committee has not made its determination by the end of the advance notice period referenced in paragraph (b),

 

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it shall be deemed to be deadlocked, and the service will be allowed on an experimental basis for a six-month period. If, after the six-months has expired, the organization members of the Joint Committee continue to object, the matter shall be referred to arbitration.

(d) If the parties are unable to agree upon an arbitrator within seven days of the date of the request for arbitration, either party may request the National Mediation Board to provide a list of five potential arbitrators, from which The parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be born equally by the parties.

(e) The determination of the arbitrator shall be limited to whether the carrier has shown a bona fide need to provide the service requested or can provide the service without a special exception to existing work rules being made at a comparable cost to the carrier. If the arbitrator determines that this standard has not been met, the arbitrator shall have the discretion to award compensation for all wages and benefits lost by an employee as a result of the carrier's implementation of its proposal.

Section 2

This Article shall become effective ten (10) days after the date of this Agreement and is not intended to restrict any of the existing rights of a carrier.

ARTICLE X - DISPLACEMENT

Section 1

(a) Where agreements that provide for the exercise of displacement rights within a shorter time period are not in effect, existing rules are amended to provide that an employee who has a displacement right on any position (including extra boards) within a terminal or within 30 miles of such employee's current reporting point, whichever is greater, must, from the time of proper notification under the applicable agreement or practice, exercise that displacement right within forty-eight (48) hours.

(b) Failure of an employee to exercise displacement rights, as provided in (a) above, will result in said employee being assigned to the applicable extra board, seniority permitting. (The applicable extra board is the extra board protecting the assignment from which displaced.)

 

 

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(c) In the event force assignment is not compatible with local agreements, prior to implementation, the parties will meet on property to determine an avenue of assignment.

Section 2

This Article shall become effective ten (10) days after the date of this Agreement and is not intended to restrict any of the existing rights of a carrier.

 

ARTICLE XI - GENERAL PROVISIONS

Section 1 - Effect of this Agreement

(a) The purpose of this Agreement is to fix the general level of compensation and other terms and conditions of employment during the period of the Agreement and is in settlement of the dispute growing out of the notices dated November 1, 1994 served by and on behalf of the carriers listed in Exhibit A upon the organization signatory hereto, and the notices dated on or about November 1, 1994 served by the organization upon such carriers.

(b) This Agreement shall be construed as a separate agreement by and on behalf of each of said carriers and their employees represented by the organization signatory hereto, and shall remain in effect through December 31, 1999 and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

(c) The parties to this Agreement shall not serve nor progress prior to November 1, 1999 (not to become effective before January 1, 2000) any notice or proposal for changing any matter contained in:

(1) this Agreement,

(2) the proposals of the parties identified in Section 1(a) of this Article, and

(3) Section 2(c) (3) of Article VIII of the National Agreement of March 6, 1975.

and any pending notices which propose such matters are hereby withdrawn.

(d) The parties to this Agreement shall not serve nor progress prior to November 1, 1999 (not to become effective before January 1, 2000) any notice or proposal which might properly have been served on November 1, 1994, and any pending notices which propose such matters are hereby withdrawn.

 

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(e) This Article will not bar management and committees on individual railroads from agreeing upon any subject of mutual interest.

 

SIGNED AT NORFOLK, VIRGINIA THIS DAY OF , 1996.

 

FOR THE EMPLOYEES REPRESENTED BY

FOR THE NCCC THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

 

W.E. Knight

Participating carriers: S.D. Speagle

Norfolk Southern Railway

The Alabama Great Southern Railroad Company R.C. Wallace

Atlantic & East Carolina Railway Company

Central of Georgia Railroad Company

The Cincinnati, New Orleans & Texas Pacific Railway Company

Georgia Southern and Florida Railway Company P.T. Sorrow

Interstate Railroad Company

Norfolk & Western Railway Company

Tennessee, Alabama and Georgia Railway Company

Tennessee Railway Company

 

May 1, 1996

 

#1

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding regarding Articles I and II of the Agreement of this date.

It is understood that The Brotherhood of Locomotive Engineers may between November 1, 1999 and November 30, 1999 provide the Carrier with written notice of its intent to cancel, effective from and after January 1, 2000, Articles I and II collectively of this Agreement.

In the event Articles I and II are canceled, they will, effective from and after January 1, 2000, be replaced by the following:

ARTICLE I - WAGES

Section 1 - General Wage Increase

(a) Effective from and after January 1, 2000 all standard basic daily rates of pay for employees represented by the Brotherhood of Locomotive Engineers in effect on December 31, 1999 shall be increased by ten-and-one-half (1012) percent.

(b) In computing the increase under paragraph (a) above, (1012) percent shall be applied to the standard basic daily rates of pay applicable in the following weight-on-drivers brackets,

 

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

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

Section 2 - Standard Rates

The standard basic daily rates of pay produced by application of the increases provided for in this Article are set forth in Appendix 1, which is a part of this Agreement.

Section 3 - Application of Wage Increase

(a) The adjustment provided for in this Article (I) will apply to mileage rates of pay for overmiles, and (ii) will not apply to duplicate time payments, including arbitraries and special allowances that are expressed in time, miles or fixed amounts of money.

(b) Miscellaneous rates based upon hourly or daily rates of pay, as provided in the schedules or wage agreements, shall be adjusted under this agreement in the same 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) Other than standard rates:

Existing basic daily rates of pay other than standard shall be changed, effective as of the date specified in Section 1 hereof, by the same respective percentage as set forth therein, computed and applied in the same manner as the standard rates were determined.

 

Mr W. E. Knight et al.

May 1, 1996

Page 3

 

Section 4 - Definition of Carriers' Payment Rate

The carriers' payment rate for any year for foreign-to-occupation health benefits under the Plan shall mean twelve (12) times the payment made by the carriers to the Plan per month (in such year) per employee who is fully covered for employee health benefits under the Plan. Carrier payments to the Plan for these purposes shall not include the amounts per such employee per month (in such year) taken from the Special Account, or from any other special account, fund or trust maintained in connection with the Plan, to pay or provide for current Plan benefits, or any amounts paid by remaining carriers to make up the unpaid contributions of terminating carriers pursuant to Article III, Part A, Section 1 of the Agreed-Upon Implementation of Public Law 102-29 (1991 National Implementing Document).

 

ARTICLE II - COST-OF-LIVING PAYMENTS

Part A - Cost-of-Living Allowance Through January 1, 2000 and Effective Date of Adjustment

(a) A cost-of-living allowance, calculated and applied in accordance with the provisions of Part B of this Article except as otherwise provided in this Part, shall be payable and rolled in to basic rates of pay on January 1, 2000.

(b) The measurement periods shall be as follows:

Measurement Periods

Effective Date

Base Month Measurement Month of Adjustment

March 1995     March 1996

March 1997     March 1998 January 1, 2000

   plus

The number of points change in the CPI during each of these measurement periods shall be added together before making the calculation described in Part B, Section 1(e) of this Article.

(c) (I) Floor. The minimum increase in the CPI that shall be taken into account shall be as follows:

Effective Date Minimum CPI Increase That

of Adjustment Shall Be Taken Into Account

January 1, 2000 4% of March 1995 CPI plus

4% of March 1997 CPI

 

 

Mr. W. E. Knight et al.

May 1, 1996

Page 4

 

 

 

(ii) Cap. The maximum increase in the CPI that shall be taken into account shall be as follows:

Effective Date Maximum CPI Increase That

of Adjustment Shall Be Taken Into Account

January 1, 2000 6% of March 1995 CPI plus

6% of March 1997 CPI

(d) The cost-of-living allowance payable to each employee and rolled in to basic rates of pay on January 1, 2000 shall be equal to the difference between (I) the cost-of-living allowance effective on that date pursuant to this Part, and (ii) the lesser of (x) the cents per hour produced by dividing one-quarter of the increase, if any, in the carriers' 1998 payment rate for foreign-to-occupation health benefits under the Plan over such payment rate for 1995, by the average composite straight-time equivalent hours that are subject to wage increases for the latest year for which statistics are available, and (y) one half of the cost-of-living allowance effective on January 1, 2000 pursuant to this Part.

(e) The definition of the carriers' payment rate for foreign-to-occupation health benefits under the Plan set forth in Article I, Section 4 of this side letter shall apply to this section.

Part B - Cost-of-Living Allowance and Adjustments Thereto After January 1, 2000

Section 1 - Cost-of-Living Allowance and Effective Dates of Adjustments

(a) A cost-of-living allowance shall be payable in the manner set forth in and subject to the provisions of this Part, on the basis of the "Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised Series) (CPI-W)" (1967-100), U.S. Index, all items - unadjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor, and hereinafter referred to as the CPI. The first such cost-of-living allowance shall be payable effective July 1, 2000 based, subject to paragraph (d), on the CPI for March 2000 as compared with the CPI for September 1999. Such allowance, and further cost-of-living adjustments thereto which shall become effective as described below, shall be based on the change in the CPI during the respective measurement periods shown in the following table, subject to the exception provided in paragraph (d) (iii), according to the formula set forth in paragraph (e)

 

Mr. W. E. Knight et al.

May 1, 1996

Page 5

 

 

 

Measurement Periods

Effective Date

Base Month Measurement Month of Adjustment

September 1999 March 2000 July 1, 2000

March 2000 September 2000 January 1, 2001

Measurement Periods and Effective Dates conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Article is in effect.

(b) While a cost-of-living allowance is in effect, such cost-of-living allowance shall apply to straight time overtime, vacations, holidays and to special allowances in the same manner as basic wage adjustments have been applied in the past, except that such allowance shall not apply to duplicate time payments, including arbitraries and special allowances that are expressed in time, miles or fixed amounts of money.

(c) The amount of cost-of-living allowance, if any, that shall be effective from one adjustment date to the next may be equal to, or greater or less than, the cost-of-living allowance in effect in the preceding adjustment period.

(d) (I) Cap. In calculations under paragraph (e), the maximum increase in the CPI that shall be taken into account shall be as follows:

Effective Date Maximum CPI Increase That

of Adjustment Shall Be Taken Into Account

July 1, 2000 3% of September 1999 CPI

January 1, 2001 6% of September 1999 CPI,

less the increase from

September 1999 to March 2000

Effective Dates of Adjustment and Maximum CPI Increases conforming to the above schedule

shall be applicable to periods subsequent to those specified above during which this Article is

in effect.

(ii) Limitation. In calculations under paragraph (e), only fifty (50) percent of the increase in the CPI in any measurement period shall be considered.

 

Mr. W. E. Knight et al.

May 1, 1996

Page 6

 

(Iii)   If the increase in the CPI from the base month of September 1999 to the measurement month of March 2000 exceeds 3% of the September 1999 base index, the measurement period that shall be used for determining the cost-of-living adjustment to be effective the following January shall be the 12-month period from such base month of September; the increase in the index that shall be taken into account shall be limited to that portion of the increase that is in excess of 3% of such September base index; and the maximum increase in that portion of the index that may be taken into account shall be 6% of such September base index less the 3% mentioned in the preceding clause, to which shall be added any residual tenths of profits which had been dropped under paragraph (e) below in calculation of the cost-of-living adjustment which shall have become effective July 1, 2000 during such measurement period.

(iv)    Any increase in the CPI from the base month of September 1999 to the measurement month of September 2000 in excess of 6% of the September 1999 base index shall not be taken into account in the determination of subsequent cost-of-living adjustments.

(v)   The procedure specified in subparagraphs (iii) and (iv) shall be applicable to all subsequent periods during which this Article is in effect.

(e) Formula. The number of points change in the CPI during a measurement period, as limited by paragraph (d) , shall 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 shall not be counted.)

The cost-of-living allowance in effect on December 31, 2000 shall be adjusted (increased or decreased) effective January 1, 2001 by the whole number of cents produced by dividing by 0.3 the number of points (including tenths of points) change, as limited by paragraph (d), in the CPI during the applicable measurement period. Any residual tenths of a point resulting from such division shall be dropped. The result of such division shall be added to the amount of the cost-of-living allowance in effect on December 31, 2000 if the CPI shall have been higher at the end than at the beginning of the measurement period, and subtracted therefrom only if the index shall have been lower at the end than at the beginning of the measurement period and then, only to the extent that the allowance remains at zero or above. The same procedure shall be followed in applying subsequent adjustments.

 

Mr. W. B. Knight et al.

May 1, 1996

Page 7

 

(f) Continuance of the cost-of-living allowance and the adjustments thereto provided herein 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 Article, revise or change the methods or basic data used in calculating such Index in such a way as to affect the direct comparability of such revised or changed index with the CPI-W during a measurement period, then that Bureau shall be requested to furnish a conversion factor designed to adjust the newly revised index to the basis of the CPI-W during such measurement period.

Section 2 - Payment of Cost-of-Living Allowances

(a) The cost-living allowance payable to each employee effective July 1, 2000 shall be equal to the difference between (I) the cost-of-living allowance effective on that date pursuant to Section 1 of this Part, and (ii) the lesser of (x) the cents per hour produced by dividing one-quarter of the increase, if any, in the carriers’ 1999 payment rate for foreign-to-occupation health benefits under the Plan over such payment rate for 1998, by the average composite straight-time equivalent hours that are subject to wage increases for the latest year for which statistics are available, and (y) one-half of the cost-of-living allowance effective July 1, 2000.

(b) The increase in the cost-of-living allowance effective January 1, 2001 pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

(c) The increase in the cost-of-living allowance effective July 1, 2001 pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

(d) The procedure specified in paragraphs (b) and © shall be followed with respect to computation of the cost-of-living allowances payable in subsequent years during which this Article is in effect.

(e) The definition of the carriers’ payment rate for foreign-to-occupation health benefits under the Plan set forth in Article I, Section 4 of this side letter shall apply with respect to any year covered by this section

(f) In making calculations under this section, fractions of a cent shall be rounded to the nearest whole cent; fractions less than one-half cent shall be dropped and fractions of one-half cent or more shall be increased to the nearest full cent.

 

Mr. W B. Knight et al.

May 1, 1996

Page 8

 

Section 3 - Application of Cost-of-Living Allowances

The cost-of-living allowance provided for by Section 1 of this Part B will not become part of basic rates of pay. In application of such allowance, each one cent per hour of cost-of-living allowance that is payable shall be treated as an increase of 8 cents in the basic daily rates of pay produced by application of Article I. The cost-of-living allowance will otherwise be applied in keeping with the provisions of Article I, Section 3 of this side letter.

Section 4 - Continuation of Part B

The arrangements set forth in Part B of this Article shall remain in effect according to the terms thereof until revised by the parties pursuant to the Railway Labor Act.

 

Please acknowledge your agreement by signing your name in the space provided below.

 

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % inc to O/M + ID O/M)

ENGINEER WITH A FIREMAN IN THRU FREIGHT SERVICE

BASIC      CURRENT     OVER-  O/M RATE RATE      FROZEN         ID RATE

DAY        PRO RATA      TIME RATE CODE      TOTAL W/D CODE    PRO RATA     FROZ O/M

144.27 16.0350 27.0525 1.0717   6 200 -250 309 13.1800 1.1679

144.42 18.0525 27.0800 1.0732   7 250 -300 310 13.1975 1.1694

144.57 18.0725 27.1075 1.0747   8 300 -350 311 13.2175 1.1709

144.78 18.0975 27.1475 1.0768   9 350 -400 312 13.2425 1.1730

144.99 18.1250 27.1875 1.0789 10 400 -500 313 13.2700 1.1751

145.20 18.1500 27.2250 1.0810 11 450 -500 314 13.2950 1.1772

145.41 18.1775 27.2650 1.0831 12 500 -550 315 13.3225 1.1793

145.59 18.2000 27.3000 1.0849 13 550 -600 316 13.3450 1.1811

145.77 18.2225 27.3325 1.0867 14 600 -650 317 13.3675 1.1829

145.95 18.2450 27.3675 1.0885 15 650 -700 318 13.3900 1.1847

146.13 18.2675 27.4000 1.0903 16 700 -750 319 13.4125 1.1865

146.31 18.2900 27.4350 1.0921 17 750 -800 320 13.4350 1.1883

146.49 18.3125 27.4675 1.0939 18 800 -850 321 13.4575 1.1901

146.67 18.3350 27.5025 1.0957 19 850 -900 322 13.4800 1.1919

146.85 18.3575 27.5350 1.0975 20 900 -950 323 13.5025 1.1937

147.03 18.3800 27.5700 1.0993 21 950- 1000 324 13.5250 1.1955

147.21 18.4025 27.6025 1.1011 22 1000- 1050 325 13.5475 1.1973

147.39 18.4250 27.6375 1.1029 23 1050- 1100 326 13.5700 1.1991

147.57 18.4475 27.6700 1.1047 24 1100- 1150 327 13.5925 1.2009

147.75 18.4700 27.7050 1.1065 25 1150- 1200 328 13.6150 1.2027

147.93 18.4925 27.7375 1.1083 26 1200- 1250 329 13.6375 1.2045

148.11 18.5150 27.7725 1.1101 27 1250- 1300 330 13.6600 1.2063

148.29 18.5375 27.8050 1.1119 28 1300- 1350 331 13.6825 1.2081

145.47 18.5600 27.5400 1.1137 29 1350- 1400 332 13.7050 1.2099

148.65 18.5825 27.8725 1.1155 30 1400- 1450 333 13.7275 1.2117

148.83 18.6050 27.9075 1.1173 31 1450- 1500 334 13.7500 1.2135

149.01 18.6275 27.9400 1.1191 32 1500- 1550 335 13.7725 1.2153

149.19 18.8500 27.9750 1.1209 33 1550- 1600 336 13.7950 1.2171

149.37 18.6725 28.0075 1.1227 34 1600- 1650 337 13.8175 1.2189

149.55 18.6950 28.0425 1.1245 35 1650- 1700 338 13.8400 1.2207

149.73 18.7175 28.0750 1.1263 36 1700- 1750 339 13.8625 1.2225

149.91 18.7400 28.1100 1.1281 37 1750- 1800 341 13.8550 1.2243

150.09 18.7625 28.1425 1.1299 38 1800- 1850 342 13.9075 1.2261

150.27 18.7850 28.1775 1.1317 39 1850- 1900 343 13.9300 1.2279

150.45 18.8075 28.2100 1.1335 43 1900- 1950 344 13.9525 1.2297

150.63 18.5300 28.2450 1.1353 44 1950- 2000 345 13.9750 1.2315

150.81 18.8525 28.2775 1.1371 45 2000- 2050 346 13.9975 1.2333

150.99 15.8750 28.3125 1.1389 46 2050- 2100 347 14.0200 1.2351

151.17 18.8975 28.3450 1.1407 47 2100- 2150 348 14.0425 1.2369

151.35 18.9200 28.3800 1.1425 48 2150- 2200 349 14.0650 1.2387

151.53 18.9425 28.4125 1.1443 49 2200- 2250 350 14.0875 1.2405

151.71 18.9650 28.4475 1.1461 66 2250- 2300 351 14.1100 1.2423

151.89 18.9875 28.4800 1.1479 67 2300- 2350 352 14.1325 1.2441

152.07 19.0100 28.5150 1.1497 68 2350- 2400 353 14.1550 1.2459

152.25 19.0325 28.5475 1.1515 69 2400- 2450 354 14.1775 1.2477

152.43 19.0550 28.5825 1.1533 71 2450- 2500 355 14.2000 1.2495

152.61 19.0775 28.6150 1.1551 72 2500- 2550 356 14.2225 1.2513

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % inc to O/M + ID O/M)

ENGINEER WITHOUT A FIREMAN IN THRU FREIGHT SERVICE

BASIC      CURRENT     OVER-  O/M RATE RATE      FROZEN         ID RATE

DAY        PRO RATA      TIME RATE CODE      TOTAL W/D CODE    PRO RATA     FROZ O/M

150.27 18.7850 28.1775 1.1317   6 200 -250 309 13.9300 1.2279

150.42 18.8025 28.2050 1.1332   7 250 -300 310 13.9475 1.2294

150.57 18.8225 28.2325 1.1347   8 300 -350 311 13.9675 1.2309

150.78 18.8475 28.2725 1.1368   9 350 -400 312 13.9925 1.2330

150.99 18.8750 28.3125 1.1389 10 400 -450 313 14.0200 1.2351

151.20 18.9000 28.3500 1.1410 11 450 -500 314 14.0450 1.2372

151.41 18.9275 28.3900 1.1431 12 500 -550 315 14.0725 1.2393

151.59 18.9500 28.4250 1.1449 13 550 -600 316 14.0950 1.2411

151.77 18.9725 28.4575 1.1467 14 600 -650 317 14.1175 1.2429

151.95 18.9950 28.4925 1.1485 15 650 -700 318 14.1400 1.2447

152.13 19.0175 28.5250 1.1503 16 700 -750 319 14.1625 1.2465

152.31 19.0400 28.5600 1.1521 17 750 -800 320 14.1850 1.2483

152.49 19.0625 28.5925 1.1539 18 800 -850 321 14.2075 1.2501

152.67 19.0850 28.6275 1.1557 19 850 -900 322 14.2300 1.2519

152.85 19.1075 28.6600 1.1575 20 900 -950 323 14.2525 1.2537

153.03 19.1300 28.6950 1.1593 21 950- 1000 324 14.2750 1.2555

153.21 19.1525 28.7275 1.1611 22 1000- 1050 325 14.2950 1.2573

153.39 19.1750 28.7625 1.1629 23 1050- 1100 326 14.3200 1.2591

153.57 19.1975 28.7950 1.1647 24 1100- 1150 327 14.3425 1.2609

153.75 19.2200 28.8300 1.1665 25 1150- 1200 328 14.3650 1.2627

153.93 19.2425 28.8625 1.1683 26 1200- 1250 329 14.3875 1.2645

154.11 19.2650 28.8975 1.1701 27 1250- 1300 330 14.4100 1.2663

154.29 19.2875 28.9300 1.1719 28 1300- 1350 331 14.4325 1.2681

154.47 19.3100 28.9650 1.1737 29 1350- 1400 332 14.4550 1.2699

154.65 19.3325 28.9975 1.1755 30 1400- 1450 333 14.4775 1.2717

154.83 19.3550 29.0325 1.1773 31 1450- 1500 334 14.5000 1.2735

155.01 19.3775 29.0650 1.1791 32 1500- 1550 335 14.5225 1.2753

155.19 19.4000 29.1000 1.1809 33 1550- 1600 336 14.5450 1.2771

155.37 19.4225 29.1325 1.1827 34 1600- 1650 337 14.5675 1.2789

155.55 19.4450 29.1675 1.1845 35 1650- 1700 338 14.5900 1.2807

155.73 19.4675 29.2000 1.1863 36 1700- 1750 339 14.6125 1.2825

155.91 19.4900 29.2350 1.1881 37 1750- 1800 341 14.6350 1.2843

156.09 19.5125 29.2675 1.1899 35 1800- 1850 342 14.6575 1.2861

156.27 19.5350 29.3025 1.1917 39 1850- 1900 343 14.6800 1.2879

156.45 19.5575 29.3350 1.1935 43 1900- 1950 344 14.7025 1.2897

156.63 19.5800 29.3700 1.1953 44 1950- 2000 345 14.7250 1.2915

156.81 19.6025 29.4025 1.1971 45 2000- 2050 346 14.7475 1.2933

156.99 19.6250 29.4375 1.1989 46 2050- 2100 347 14.7700 1.2951

157.17 19.6475 29.4700 1.2007 47 2100- 2150 348 14.7925 1.2969

157.35 19.6700 29.5050 1.2025 48 2150- 2200 349 14.8150 1.2987

157.53 19.6925 29.5375 1.2043 49 2200- 2250 350 14.8375 1.3005

157.71 19.7150 29.5725 1.2061 66 2250- 2300 351 14.8600 1.3023

157.89 19.7375 29.6050 1.2079 67 2300- 2350 352 14.8825 1.3041

158.07 19.7600 29.6400 1.2097 68 2350- 2400 353 14.9050 1.3059

158.25 19.7825 29.6725 1.2115 69 2400- 2450 354 14.9275 1.3077

158.43 19.8050 29.7075 1.2133 71 2450- 2500 355 14.9500 1.3095

158.61 19.8275 29.7400 1.2151 72 2500- 2550 356 14.9725 1.3113

158.79 19.8500 29.7750 1.2169 73 2550- 2600 357 14.9950 1.3131

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % inc to O/M + ID O/M)

ENGINEER WITH A FIREMAN IN LOCAL FREIGHT SERVICE

BASIC      CURRENT     OVER-  O/M RATE RATE      FROZEN         ID RATE

DAY        PRO RATA      TIME RATE CODE      TOTAL W/D CODE    PRO RATA     FROZ O/M

144.83 18.1050 27.1575 1.0773   6 200 -250 209 13.2500 1.1735

144.98 18.1225 27.1850 1.0788   7 250 -300 210 13.2675 1.1750

145.13 18.1425 27.2125 1.0803   8 300 -350 211 13.2875 1.1765

145.34 18.1675 27.2525 1.0824   9 350 -400 212 13.3125 1.1786

145.55 18.1950 27.2925 1.0845 10 400 -450 213 13.3400 1.1807

145.76 18.2200 27.3300 1.0866 11 450 -500 214 13.3650 1.1828

145.97 18.2475 27.3700 1.0887 12 500 -550 215 13.3925 1.1849

146.15 18.2700 27.4050 1.0905 13 550 -600 216 13.4150 1.1867

146.33 18.2925 27.4375 1.0923 14 600 -650 217 13.4375 1.1885

146.51 18.3150 27.4725 1.0941 15 650 -700 218 13.4600 1.1903

146.69 18.3375 27.5050 1.0959 16 700 -750 219 13.4825 1.1921

146.87 18.3600 27.5400 1.0977 17 750 -800 220 13.5050 1.1939

147.05 18.3825 27.5725 1.0995 18 800 -850 221 13.5275 1.1957

147.23 18.4050 27.6075 1.1013 19 850 -900 222 13.5500 1.1975

147.41 18.4275 27.6400 1.1031 20 900 -950 223 13.5725 1.1993

147.59 18.4500 27.6750 1.1049 21 950- 1000 224 13.5950 1.2011

147.77 18.4725 27.7075 1.1067 22 1000- 1050 225 13.6175 1.2029

147.95 18.4950 27.7425 1.1085 23 1050- 1100 226 13.6400 1.2047

148.13 18.5175 27.7750 1.1103 24 1100- 1150 227 13.6625 1.2065

148.31 18.5400 27.8100 1.1121 25 1150- 1200 228 13.6850 1.2083

148.49 18.5625 27.8425 1.1139 26 1200- 1250 229 13.7075 1.2101

148.67 18.5850 27.8775 1.1157 27 1250- 1300 230 13.7300 1.2119

148.85 18.6075 27.9100 1.1175 28 1300- 1350 231 13.7525 1.2137

149.03 18.6300 27.9450 1.1193 29 1350- 1400 232 13.7750 1.2155

149.21 18.6525 27.9775 1.1211 30 1400- 1450 233 13.7975 1.2173

149.39 18.6750 28.0125 1.1229 31 1450- 1500 234 13.8200 1.2191

149.57 18.6975 28.0450 1.1247 32 1500- 1550 235 13.8425 1.2209

149.75 18.7200 28.0800 1.1265 33 1550- 1600 236 13.8650 1.2227

149.93 18.7425 28.1125 1.1283 34 1600- 1650 237 13.8875 1.2245

150.11 18.7650 28.1475 1.1301 35 1650- 1700 238 13.9100 1.2263

150.29 18.7875 28.1800 1.1319 36 1700- 1750 239 13.9325 1.2281

150.47 18.8100 28.2150 1.1337 37 1750- 1800 241 13.9550 1.2299

150.65 18.8325 28.2475 1.1355 38 1800- 1850 242 13.9775 1.2317

150.83 18.8550 28.2825 1.1373 39 1850- 1900 243 14.0000 1.2335

151.01 18.8775 28.3150 1.1391 43 1900- 1950 244 14.0225 1.2353

151.19 18.9000 28.3500 1.1409 44 1950- 2000 245 14.0450 1.2371

151.37 18.9225 28.3825 1.1427 45 2000- 2050 246 14.0675 1.2389

151.55 18.9450 28.4175 1.1445 46 2050- 2100 247 14.0900 1.2407

151.73 18.9675 28.4500 1.1463 47 2100- 2150 248 14.1125 1.2425

151.91 18.9900 28.4850 1.1481 48 2150- 2200 249 14.1350 1.2443

152.09 19.0125 28.5175 1.1499 49 2200- 2250 250 14.1575 1.2461

152.27 19.0350 28.5525 1.1517 66 2250- 2300 251 14.1800 1.2479

152.45 19.0575 28.5850 1.1535 67 2300- 2350 252 14.2025 1.2497

152.63 19.0800 28.6200 1.1553 68 2350- 2400 253 14.2250 1.2515

152.81 19.1025 28.6525 1.1571 69 2400- 2450 254 14.2475 1.2533

152.99 19.1250 28.6875 1.1589 71 2450- 2500 255 14.2700 1.2551

153.17 19.1475 28.7200 1.1607 72 2500- 2550 256 14.2925 1.2569

153.35 19.1700 28.7550 1.1625 73 2550- 2600 257 14.3150 1.2587

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % inc to O/M + ID O/M)

ENGINEER WITHOUT A FIREMAN IN LOCAL FREIGHT SERVICE

BASIC      CURRENT     OVER-  O/M RATE RATE      FROZEN         ID RATE

DAY        PRO RATA      TIME RATE CODE      TOTAL W/D CODE    PRO RATA     FROZ O/M

150.83 18.8550 28.2825 1.1373   6 200 -250 209 14.0000 1.2335

150.98 18.8725 28.3100 1.1388   7 250 -300 210 14.0175 1.2350

151.13 18.8925 28.3375 1.1403   8 300 -350 211 14.0375 1.2365

151.34 18.9175 28.3775 1.1424   9 350 -400 212 14.0625 1.2386

151.55 18.9450 28.4175 1.1445 10 400 -450 213 14.0900 1.2407

151.76 18.9700 28.4550 1.1466 11 450 -500 214 14.1150 1.2428

151.97 18.9975 28.4950 1.1487 12 500 -550 215 14.1425 1.2449

152.15 19.0200 28.5300 1.1505 13 550 -600 216 14.1650 1.2467

152.33 19.0425 28.5625 1.1523 14 600 -650 217 14.1875 1.2485

152.51 19.0650 28.5975 1.1541 15 650 -700 218 14.2100 1.2503

152.69 19.0875 28.6300 1.1559 16 700 -750 219 14.2325 1.2521

152.87 19.1100 28.6650 1.1577 17 750 -800 220 14.2550 1.2539

153.05 19.1325 28.6975 1.1595 18 800 -850 221 14.2775 1.2557

153.23 19.1550 28.7325 1.1613 19 850 -900 222 14.3000 1.2575

153.41 19.1775 28.7650 1.1631 20 900 -950 223 14.3225 1.2593

153.59 19.2000 28.8000 1.1649 21 950- 1000 224 14.3450 1.2611

153.77 19.2225 28.8325 1.1667 22 1000- 1050 225 14.3675 1.2629

153.95 19.2450 28.8675 1.1685 23 1050- 1100 226 14.3900 1.2647

154.13 19.2675 28.9000 1.1703 24 1100- 1150 227 14.4125 1.2665

154.31 19.2900 28.9350 1.1721 25 1150- 1200 228 14.4350 1.2683

154.49 19.3125 28.9675 1.1739 26 1200- 1250 229 14.4575 1.2701

154.67 19.3350 29.0025 1.1757 27 1250- 1300 230 14.4800 1.2719

154.85 19.3575 29.0350 1.1775 28 1300- 1350 231 14.5025 1.2737

155.03 19.3800 29.0700 1.1793 29 1350- 1400 232 14.5250 1.2755

155.21 19.4025 29.1025 1.1811 30 1400- 1450 233 14.5475 1.2773

155.39 19.4250 29.1375 1.1829 31 1450- 1500 234 14.5700 1.2791

155.57 19.4475 29.1700 1.1847 32 1500- 1550 235 14.5925 1.2809

155.75 19.4700 29.2050 1.1865 33 1550- 1600 236 14.6150 1.2827

155.93 19.4925 29.2375 1.1883 34 1600- 1650 237 14.6375 1.2845

156.11 19.5150 29.2725 1.1901 35 1650- 1700 238 14.6600 1.2863

156.29 19.5375 29.3050 1.1919 36 1700- 1750 239 14.6825 1.2881

156.47 19.5600 29.3400 1.1937 37 1750- 1800 241 14.7050 1.2899

156.65 19.5825 29.3725 1.1955 38 1800- 1850 242 14.7275 1.2917

156.83 19.6050 29.4075 1.1973 39 1850- 1900 243 14.7500 1.2935

157.01 19.6275 29.4400 1.1991 43 1900- 1 950 244 14.7725 1.2953

157.19 19.6500 29.4750 1.2009 44 1950- 2000 245 14.7950 1.2971

157.37 19.6725 29.5075 1.2027 45 2000- 2050 246 14.8175 1.2989

157.55 19.6950 29.5425 1.2045 46 2050- 2100 247 14.8400 1.3007

157.73 19.7175 29.5750 1.2063 47 2100- 2150 248 14.8625 1.3025

157.91 19.7400 29.6100 1.2081 48 2150- 2200 249 14.8850 1.3043

158.09 19.7625 29.6425 1.2099 49 2200- 2250 250 14.9075 1.3061

158.27 19.7850 29.6775 1.2117 66 2250- 2300 251 14.9300 1.3079

158.45 19.8075 29.7100 1.2135 67 2300- 2350 252 14.9525 1.3097

158.63 19.8300 29.7450 1.2153 68 2350- 2400 253 14.9750 1.3115

158.81 19.8525 29.7775 1.2171 69 2400- 2450 254 14.9975 1.3133

158.99 19.8750 29.8125 1.2189 71 2450- 2500 255 15.0200 1.3151

159.17 19.8975 29.8450 1.2207 72 2500- 2550 256 15.0425 1.3169

159.35 19.9200 29.8800 1.2225 73 2550- 2600 257 15.0650 1.3187

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % Inc to O/M)

ENGINEER WITH A FIREMAN - FIVE DAY YARD SERVICE

BASIC       CURRENT     OVER- RATE RATE FROZEN *O/M

 DAY  PRO RATA TIME CODE     TOTAL W/D CODE      PRORATA RATE

153.69 19.2125 28.8175 6 200 -250 457 14.1400 1.1536

153.69 19.2125 28.8175 7 250 -300 457 14.1400 1.1536

153.69 19.2125 28.8175 8 300 -350 457 14.1400 1.1536

153.69 19.2125 28.8175 9 350 -400 457 14.1400 1.1536

153.69 19.2125 28.8175 10 400 -450 457 14.1400 1.1536

153.69 19.2125 28.8175 11 450 -500 457 14.1400 1.1536

153.94 19.2425 28.8650 12 500 -550 458 14.1725 1.1561

154.16 19.2700 28.9050 13 550 -600 459 14.2000 1.1583

154.37 19.2975 28.9450 14 600 -650 460 14.2250 1.1604

154.59 19.3250 28.9875 15 650 -700 461 14.2525 1.1626

154.81 19.3525 29.0275 16 700 -750 462 14.2800 1.1648

155.02 19.3775 29.0675 17 750 -800 463 14.3075 1.1669

155.24 19.4050 29.1075 18 800 -850 464 14.3350 1.1691

155.45 19.4325 29.1475 19 850 -900 465 14.3600 1.1712

155.67 19.4600 29.1900 20 900 -950 466 14.3875 1.1734

155.89 19.4875 29.2300 21 950- 1000 467 14.4150 1.1756

156.11 19.5150 29.2725 22 1000- 1050 468 14.4425 1.1778

156.32 19.5400 29.3100 23 1050- 1100 469 14.4700 1.1799

156.54 19.5675 29.3525 24 1100- 1150 470 14.4975 1.1821

156.75 19.5950 29.3925 25 1150- 1200 471 14.5225 1.1842

156.97 19.6225 29.4325 26 1200. 1250 472 14.5500 1.1864

157.18 19.6475 29.4725 27 1250- 1300 473 14.5775 1.1885

157.40 19.6750 29.5125 28 1300- 1350 474 14.6050 1.1907

157.61 19.7025 29.5525 29 1350- 1400 475 14.6300 1.1928

157.83 19.7300 29.5950 30 1400- 1450 476 14.6575 1.1950

158.04 19.7550 29.6325 31 1450- 1500 477 14.6850 1.1971

158.26 19.7825 29.6750 32 1500- 1550 478 14.7125 1.1993

158.47 19.8100 29.7150 33 1550- 1600 479 14.7375 1.2014

158.69 19.8375 29.7550 34 1600- 1650 480 14.7650 1.2036

158.90 19.8625 29.7950 35 1650- 1700 481 14.7925 1.2057

159.12 19.8900 29.8350 36 1700- 1750 482 14.8200 1.2079

159.33 19.9175 29.8750 37 1750- 1800 483 14.8450 1.2100

159.55 19.9450 29.9175 38 1800- 1850 484 14.8725 1.2122

159.76 19.9700 29.9550 39 1850- 1900 485 14.9000 1.2143

159.98 19.9975 29.9975 43 1900- 1950 486 14.9275 1.2165

160.19 20.0250 30.0375 44 1950- 2000 487 14.9525 1.2186

160.41 20.0525 30.0775 45 2000- 2050 488 14.9800 1.2208

160.62 20.0775 30.1175 46 2050- 2100 489 15.0075 1.2229

160.84 20.1050 30.1575 47 2100- 2150 490 15.0350 1.2251

161.05 20.1325 30.1975 48 2150- 2200 491 15.0600 1.2272

161.27 20.1600 30.2400 49 2200- 2250 492 15.0875 1.2294

161.48 20.1850 30.2775 66 2250- 2300 493 15.1150 1.2315

161.70 20.2125 30.3200 67 2300- 2350 494 15.1425 1.2337

161.91 20.2400 30.3600 68 2350. 2400 495 15.1675 1.2358

162.13 20.2675 30.4000 69 2400- 2450 496 15.1950 1.2380

162.34 20.2925 30.4400 71 2450- 2500 497 15.2225 1.2401

162.56 20.3200 30.4800 72 2500- 2550 498 15.2500 1.2423

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % Inc to O/M)

ENGINEER WITHOUT A FIREMAN - FIVE DAY YARD SERVICE

BASIC       CURRENT     OVER- RATE RATE FROZEN *O/M

 DAY  PRO RATA TIME CODE     TOTAL W/D CODE      PRORATA RATE

159.69 19.9625 28.9425 6 200 -250 457 14.6400 1.2136

159.69 19.9625 29.9425 7 250 -300 457 14.6400 1.2136 159.69 19.9625 29.9425 8 300 -350 457 14.6400 1.2136 159.69 19.9625 29.9425 9 350 -400 457 14.6400 1.2136 159.69 19.9625 29.9425 10 400 -450 457 14.6400 1.2136 159.69 19.9625 29.9425 11 450 -500 457 14.6400 1.2136 159.94 19.9925 29.9900 12 500 -550 458 14.6725 1.2161 160.16 20.0200 30.0300 13 550 -600 459 14.7000 1.2183 160.37 20.0475 30.0700 14 600 -650 460 14.7250 1.2204 160.59 20.0750 30.1125 15 650 -700 461 14.7525 1.2226 160.81 20.1025 30.1525 16 700 -750 462 14.7800 1.2248 161.02 20.1275 30.1925 17 750 -800 463 14.8075 1.2269 161.24 20.1550 30.2325 18 800 -850 464 14.8350 1.2291 161.45 20.1825 30.2725 19 850 -900 465 14.8600 1.2312 161.67 20.2100 30.3150 20 900 -950 466 14.8875 1.2334 161.89 20.2375 30.3550 21 950- 1000 467 14.9150 1.2356 162.11 20.2650 30.3975 22 1000- 1050 468 14.9425 1.2378 162.32 20.2900 30.4350 23 1050- 1100 469 14.9700 1.2399 162.54 20.3175 30.4775 24 1100- 1150 470 14.9975 1.2421 162.75 20.3450 30.5175 25 1150- 1200 471 15.0225 1.2442 162.97 20.3725 30.5575 26 1200- 1250 472 15.0500 1.2464 163.18 20.3975 30.5975 27 1250- 1300 473 15.0775 1.2485 163.40 20.4250 30.6375 28 1300- 1350 474 15.1050 1.2507 163.61 20.4525 30.6775 29 1350- 1400 475 15.1300 1.2525 163.83 20.4800 30.7200 30 1400- 1450 476 15.1575 1.2550 164.04 20.5050 30.7575 31 1450- 1500 477 15.1850 1.2571 164.26 20.5325 30.8000 32 1500- 1550 478 15.2125 1.2593 164.47 20.5600 30.8400 33 1550- 1600 479 15.2375 1.2614 164.69 20.5875 30.8800 34 1600- 1650 480 15.2650 1.2636 164.90 20.6125 30.9200 35 1650- 1700 481 15.2925 1.2657 165.12 20.6400 30.9600 36 1700- 1750 482 15.3200 1.2679

165.33 20.6675 31.0000 37 1750- 1800 483 15.3450 1.2700

165.55 20.6950 31.0425 38 1800- 1850 484 15.3725 1.2722

165.76 20.7200 31.0800 39 1850- 1900 485 15.4000 1.2743

165.98 20.7475 31.1225 43 1900- 1950 486 15.4275 1.2765

166.19 20.7750 31.1625 44 1950- 2000 487 15.4525 1.2786

166.41 20.8025 31.2025 45 2000- 2050 488 15.4800 1.2808

166.62 20.8275 31.2425 46 2050- 2100 489 15.5075 1.2829

166.64 20.8550 31.2825 47 2100- 2150 490 15.5350 1.2851

167.05 20.8825 31.3225 48 2150- 2200 491 15.5600 1.2872

167.27 20.9100 31.3650 49 2200- 2250 492 15.5875 1.2894

167.48 20.9350 31.4025 66 2250- 2300 493 15.6150 1.2915

167.70 20.9625 31.4450 67 2300- 2350 494 15.6425 1.2937

167.91 20.9900 31.4850 68 2350- 2400 495 15.6675 1.2958

168.13 21.0175 31.5250 69 2400- 2450 496 15.6950 1.2980

168.34 21.0425 31.5650 71 2450- 2500 497 15.7225 1.3001

168.56 21.0700 31.6050 72 2500- 2550 498 15.7500 1.3023

168.77 21.0975 31.6450 73 2550- 2600 499 15.7750 1.3044

 

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % Inc to O/M)

ENGINEER WITHOUT A FIREMAN - SIX AND SEVEN DAY YARD SERVICE

BASIC       CURRENT     OVER- RATE RATE FROZEN *O/M

 DAY  PRO RATA TIME CODE     TOTAL W/D CODE      PRORATA RATE

148.63 18.5800 27.8700 11 450 -500 414 13.6175 1.1232

148.84 18.6050 27.9075 12 500 -550 415 13.6450 1.1253

149.02 18.6275 27.9425 13 550 -600 416 13.6675 1.1271

149.20 18.6500 27.9750 14 600 -650 417 13.6900 1.1289

149.38 18.6725 28.0100 15 650 -700 418 13.7125 1.1307

149.56 18.6950 28.0425 16 700 -750 419 13.7350 1.1325

149.74 18.7175 28.0775 17 750 -800 420 13.7575 1.1343

149.92 18.7400 28.1100 18 800 -850 421 13.7800 1.1361

150.10 18.7625 28.1450 19 850 -900 422 13.8025 1.1379

150.28 18.7850 28.1775 20 900 -950 423 13.8250 1.1397

150.46 18.8075 28.2125 21 950- 1000 424 13.8475 1.1415

150.64 18.8300 28.2450 22 1000- 1050 425 13.8700 1.1433

150.82 18.8525 28.2800 23 1050- 1100 426 13.8925 1.1451

151.00 18.8750 28.3125 24 1100- 1150 427 13.9150 1.1469

151.18 18.8975 28.3475 25 1150- 1200 428 13.9375 1.1487

151.36 18.9200 28.3800 26 1200- 1250 429 13.9600 1.1505

151.54 18.9425 28.4150 27 1250- 1300 430 13.9825 1.1523

151.72 18.9650 28.4475 28 1300- 1350 431 14.0050 1.1541

151.90 18.9875 28.4825 29 1350- 1400 432 14.0275 1.1559

152.08 19.0100 28.5150 30 1400- 1450 433 14.0500 1.1577

152.26 19.0325 28.5500 31 1450- 1500 434 14.0725 1.1595

152.44 19.0550 28.5825 32 1500- 1550 435 14.0950 1.1613

152.62 19.0775 28.6175 33 1550- 1600 436 14.1175 1.1631

152.80 19.1000 28.6500 34 1600- 1650 437 14.1400 1.1649

152.98 19.1225 28.6850 35 1650- 1700 438 14.1625 1.1667

153.16 19.1450 28.7175 36 1700- 1750 439 14.1850 1.1685

153.34 19.1675 28.7525 37 1750- 1800 441 14.2075 1.1703

153.52 19.1900 28.7850 38 1800- 1850 442 14.2300 1.1721

153.70 19.2125 28.8200 39 1850- 1900 443 14.2525 1.1739

153.88 19.2350 28.8525 43 1900- 1950 444 14.2750 1.1757

154.06 19.2575 28.8875 44 1950- 2000 445 14.2975 1.1775

154.24 19.2800 28.9200 45 2000- 2050 446 14.3200 1.1793

154.42 19.3025 28.9550 46 2050- 2100 447 14.3425 1.1811

154.60 19.3250 28.9875 47 2100- 2150 448 14.3650 1.1829

154.78 19.3475 29.0225 48 2150- 2200 449 14.3875 1.1847

154.96 19.3700 29.0550 49 2200- 2250 450 14.4100 1.1865

155.14 19.3925 29.0900 66 2250- 2300 451 14.4325 1.1883

155.32 19.4150 29.1225 67 2300- 2350 452 14.4550 1.1901

155.50 19.4375 29.1575 68 2350- 2400 453 14.4775 1.1919

155.68 19.4600 29.1900 69 2400- 2450 454 14.5000 1.1937

155.86 19.4825 29.2250 71 2450- 2500 455 14.5225 1.1955

156.04 19.5050 29.2575 72 2500- 2550 456 14.5450 1.1973

156.22 19.5275 29.2925 73 2550- 2600 457 14.5675 1.1991

156.40 19.5500 29.3250 74 2600- 2650 458 14.5900 1.2009

156.58 19.5725 29.3600 75 2650- 2700 459 14.6125 1.2027

156.76 19.5950 29.3925 76 2700- 2750 460 14.6350 1.2045

 

                                                        BLE RATES OF PAY

                                                    EFFECTIVE (TEST - 1996)

                     ENGINEER WITH A FIREMAN - SIX AND SEVEN DAY YARD SERVICE

BASIC      CURRENT      OVER- RATE RATE FROZEN

 DAY PRORATA       TIME CODE     TOTAL W/D CODE     PRO RATA

142.63 17.8300 26.7450 11 450 -500 414 13.1175

142.84 17.8550 26.7825 12 500 -550 415 13.1450

143.02 17.8775 26.8175 13 550 -600 416 13.1675

143.20 17.9000 26.8500 14 600 -650 417 13.1900

143.38 17.9225 26.8850 15 650 -700 418 13.2125

143.56 17.9450 26.9175 16 700 -750 419 13.2350

143.74 17.9675 26.9525 17  750 -800 420 13.2575

143.92 17.9900 26.9850 18  800 -850 421 13.2800

144.10 18.0125 27.0200 19  850 -900 422 13.3025

144.28 18.0350 27.0525 20  900 -950 423 13.3250

144.46 18.0575 27.0875 21  950- 1000 424 13.3475

144.64 18.0800 27.1200 22 1000- 1050 425 13.3700

144.82 18.1025 27.1550 23 1050- 1100 426 13.3925

145.00 18.1250 27.1875 24 1100- 1150 427 13.4150

145.18 18.1475 27.2225 25 1150- 1200 428 13.4375

145.36 18.1700 27.2550 26 1200- 1250 429 13.4600

145.54 18.1925 27.2900 27 1250- 1300 430 13.4825

145.72 18.2150 27.3225 28 1300- 1350 431 13.5050

145.90 18.2375 27.3575 29 1350. 1400 432 13.5275

146.08 18.2600 27.3900 30 1400- 1450 433 13.5500

146.26 18.2825 27.4250 31 1450- 1500 434 13.5725

146.44 18.3050 27.4575 32 1500- 1550 435 13.5950

146.62 18.3275 27.4925 33 1550- 1600 436 13.6175

146.80 18.3500 27.5250 34 1600- 1650 437 13.6400

146.98 18.3725 27.5600 35 1650- 1700 438 13.6625

147.16 18.3950 27.5925 36 1700- 1750 439 13.6850

147.34 18.4175 27.6275 37 1750- 1800 441 13.7075

147.52 18.4400 27.6600 38 1800- 1850 442 13.7300

147.70 18.4625 27.6950 39 1850- 1900 443 13.7525

147.88 18.4850 27.7275 43 1900- 1950 444 13.7750

148.06 18.5075 27.7625 44 1950- 2000 445 13.7975

148.24 18.5300 27.7950 45 2000- 2050 446 13.8200

148.42 18.5525 27.8300 46 2050. 2100 447 13.8425

148.60 18.5750 27.8625 47 2100- 2150 448 13.8650

148.78 18.5975 27.8975 48 2150- 2200 449 13.8875

148.96 18.6200 27.9300 49 2200- 2250 450 13.9100

149.14 18.6425 27.9650 66 2250- 2300 451 13.9325

149.32 18.6650 27.9975 67 2300- 2350 452 13.9550

149.50 18.6875 28.0325 68 2350- 2400 453 13.9775

149.68 18.7100 28.0650 69 2400- 2450 454 14.0000

149.86 18.7325 28.1000 71 2450- 2500 455 14.0225

150.04 18.7550 28.1325 72 2500- 2550 456 14.0450

150.22 18.7775 28.1675 73 2550- 2600 457 14.0675

150.40 18.8000 28.2000 74 2600- 2650 458 14.0900

 

SOUTHERN AND AFFILIATES

BLE RATES OF PAY

EFFECTIVE (TEST - 1996)

(10.5 % inc to O/M)

ENGINEER WITH A FIREMAN IN ROAD SWITCHER SERVICE

BASIC      CURRENT      OVER- O/M RATE FROZEN

 DAY PRO RATA TIME RATE      TOTAL W/D CODE      PRORATA

151.48 18.9350 28.4025 1.1255 200 -250 809 13.8450

151.63 18.9550 28.4325 1.1270 250 -300 810 13.8650

151.78 18.9725 28.4600 1.1285 300 -350 811 13.8825

151.99 19.0000 28.5000 1.1306 350 -400 812 13.9100

152.20 19.0250 28.5375 1.1327 400 -450 813 13.9350

152.41 19.0525 28.5775 1.1348 450 -500 814 13.9625

152.62 19.0775 28.6175 1.1369 500 -550 815 13.9875

152.80 19.1000 28.6500 1.1387 550 -600 816 14.0100

152.98 19.1225 28.6850 1.1405 600 -650 817 14.0325

153.16 19.1450 28.7175 1.1423 650 -700 818 14.0550

153.34 19.1675 28.7525 1.1441 700 -750 819 14.0775

153.52 19.1900 28.7850 1.1459 750 -800 820 14.1000

153.70 19.2125 28.8200 1.1477 800 -850 821 14.1225

153.88 19.2350 28.8525 1.1495 850 -900 822 14.1450

154.06 19.2575 28.8875 1.1513 900 -950 823 14.1675

154.24 19.2800 28.9200 1.1531 950- 1000 824 14.1900

154.42 19.3025 28.9550 1.1549 1000- 1050 825 14.2125

154.60 19.3250 28.9875 1.1567 1050- 1100 826 14.2350

154.78 19.3475 29.0225 1.1585 1100- 1150 827 14.2575

154.96 19.3700 29.0550 1.1603 1150- 1200 828 14.2800

155.14 19.3925 29.0900 1.1621 1200- 1250 829 14.3025

155.32 19.4150 29.1225 1.1639 1250- 1300 830 14.3250

155.50 19.4375 29.1575 1.1657 1300- 1350 831 14.3475

155.68 19.4600 29.1900 1.1675 1350- 1400 832 14.3700

155.86 19.4825 29.2250 1.1693 1400- 1450 833 14.3925

156.04 19.5050 29.2575 1.1711 1450- 1500 834 14.4150

156.22 19.5275 29.2925 1.1729 1500- 1550 835 14.4375

156.40 19.5500 29.3250 1.1747 1550- 1600 836 14.4600

156.58 19.5725 29.3600 1.1765 1600- 1650 837 14.4825

156.76 19.5950 29.3925 1.1783 1650- 1700 838 14.5050

156.94 19.6175 29.4275 1.1801 1700- 1750 839 14.5275

157.12 19.6400 29.4600 1.1819 1750- 1800 841 14.5500

157.30 19.6625 29.4950 1.1837 1800- 1850 842 14.5725

157.48 19.6850 29.5275 1.1855 1850- 1900 843 14.5950

157.66 19.7075 29.5625 1.1873 1900- 1950 844 14.6175

157.84 19.7300 29.5950 1.1891 1950- 2000 845 14.6400

158.02 19.7525 29.6300 1.1909 2000- 2050 846 14.6625

158.20 19.7750 29.6625 1.1927 2050- 2100 847 14.6850

158.38 19.7975 29.6975 1.1945 2100- 2150 848 14.7075

158.56 19.8200 29.7300 1.1963 2150- 2200 849 14.7300

158.74 19.8425 29.7650 1.1981 2200- 2250 850 14.7525

158.92 19.8650 29.7975 1.1999 2250- 2300 851 14.7750

159.10 19.8875 29.8325 1.2017 2300- 2350 852 14.7975

159.28 19.9100 29.8650 1.2035 2350- 2400 853 14.8200

159.46 19.9325 29.9000 1.2053 2400- 2450 854 14.8425

159.64 19.9550 29.9325 1.2071 2450- 2500 855 14.8650

159.82 19.9775 29.9675 1.2089 2500- 2550 856 14.8875

 

 

SOUTHERN AND AFFILIATES

BLE RATES OF PAY

EFFECTIVE (TEST- 1996)

(10.5% Inc to O/M)

ENGINEER WITHOUT A FIREMAN IN ROAD SWITCHER SERVICE

BASIC      CURRENT      OVER- O/M RATE FROZEN

 DAY PRO RATA TIME RATE      TOTAL W/D CODE      PRORATA

157.48 19.6850 29.5275 1.1855 200 -250 809 14.5950 157.63 19.7050 29.5575 1.1870 250 -300 810 14.6150 157.78 19.7225 29.5850 1.1885 300 -350 811 14.6325 157.99 19.7500 29.6250 1.1906 350 -400 812 14.6700 158.20 19.7750 29.6625 1.1927 400 -450 813 14.6850 158.41 19.8025 29.7025 1.1948 450 -500 814 14.7125 158.62 19.8275 29.7425 1.1969 500 -550 815 14.7375 158.80 19.8500 29.7750 1.1987 550 -600 816 14.7600 158.98 19.8725 29.8100 1.2005 600 -650 817 14.7725

159.16 19.8950 29.8425 1.2023 650 -700 818 14.8050

159.34 19.9175 29.8775 1.2041 700 -750 819 14.8275

159.52 19.9400 29.9100 1.2059 750 -800 820 14.8500

159.70 19.9625 29.9450 1.2077 800 -850 821 14.8725

159.88 19.9850 29.9775 1.2095 850 -900 822 14.8950

160.06 20.0075 30.0125 1.2113 900 -950 823 14.9175

160.24 20.0300 30.0450 1.2131 950- 1000 824 14.9400

160.42 20.0525 30.0800 1.2149 1000- 1050 825 14.9625

160.60 20.0750 30.1125 1.2167 1050- 1100 826 14.9850

160.78 20.0975 30.1475 1.2185 1100- 1150 827 15.0075

160.96 20.1200 30.1800 1.2203 1150- 1200 828 15.0300

161.14 20.1425 30.2150 1.2221 1200- 1250 829 15.0525

161.32 20.1650 30.2475 1.2239 1250- 1300 830 15.0750

161.50 20.1875 30.2825 1.2257 1300- 1350 831 15.0975

161.68 20.2100 30.3150 1.2275 1350- 1400 832 15.1200

161.86 20.2325 30.3500 1.2293 1400- 1450 833 15.1425

162.04 20.2550 30.3825 1.2311 1450- 1500 834 15.1650

162.22 20.2775 30.4175 1.2329 1500- 1550 835 15.1875

162.40 20.3000 30.4500 1.2347 1550- 1600 836 15.2100

162.58 20.3225 30.4850 1.2365 1600- 1650 837 15.2325

162.76 20.3450 30.5175 1.2383 1650- 1700 838 15.2550

162.94 20.3675 30.5525 1.2401 1700- 1750 839 15.2775

163.12 20.3900 30.5850 1.2419 1750- 1800 841 15.3000

163.30 20.4125 30.6200 1.2437 1800- 1850 842 15.3225

163.48 20.4350 30.6525 1.2455 1850- 1900 843 15.3450

163.66 20.4575 30.6875 1.2473 1900- 1950 844 15.3675

163.84 20.4800 30.7200 1.2491 1950- 2000 845 15.3900

164.02 20.5025 30.7550 1.2509 2000- 2050 846 15.4125

164.20 20.5250 30.7875 1.2527 2050- 2100 847 15.4350

164.38 20.5475 30.8225 1.2545 2100- 2150 848 15.4575

164.56 20.5700 30.8550 1.2563 2150- 2200 849 15.4800

164.74 20.5925 30.8900 1.2581 2200- 2250 850 15.5025

164.92 20.6150 30.9225 1.2599 2250- 2300 851 15.5250

165.10 20.6375 30.9575 1.2617 2300- 2350 852 15.5475

165.28 20.6600 30.9900 1.2635 2350- 2400 853 15.5700

165.46 20.6825 31.0250 1.2653 2400- 2450 854 15.5925

165.64 20.7050 31.0575 1.2671 2450- 2500 855 15.6150

165.82 20.7275 31.0925 1.2689 2500- 2550 856 15.6375

ARTICLE I - WAGES

 

Q-1: Does the General Wage Increase provided for in Article I of Side Letter #1

apply to guaranteed extra board payments?

A-1: Yes.

 

Q-2: Does the December 31, 1999, 4% / 6% COLA apply to overmiles?

A-2: Yes.

 

Q-3: What is the definition of "foreign-to-occupation": as used In Section 10?

A-3: "Foreign-to-occupation" is defined in Article I, Section 4 of Side Letter #1 to

mean "other than on duty".

 

May 1, 1996

# 2

 

 

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen

This confirms our understanding that In the event Articles I and II of Agreement of this date are canceled in accordance with Side Letter 1 and replaced with Articles I and II of Side Letter 1 the following reflects our understanding in regard to Article I -Wages of the Agreement of this date.

Solely for the purpose of concluding this Agreement, the carriers have agreed to apply the general wage increases provided for therein to mileage rates of pay for miles run in excess of the number of miles comprising a basic day (overmiles)

Our agreement to include language providing for such applications shall not be considered as precedent for how such issues should be addressed in the future and is without prejudice to our position that this component of the pay system is inappropriate.

 

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

Please acknowledge your agreement by signing your name in the space provided below.

 

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

 

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#3

 

 

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding riding with respect to the Agreement of this date.

The existing differential of $6 per basic day, currently payable to engineers working without firemen, shall be incorporated into the basic daily rates of pay of engineers working without firemen and will be subject to wage increases subsequent to this agreement. The differential of 6 cents per mile for miles in excess of the number of miles encompassed in the basic day, payable to engineers working without firemen, is incorporated into the overmile rate for engineers working without firemen and will be subject to wage increases subsequent to this agreement. The standard reduced crew allowance payable to engineers working with a reduced train crew and without a fireman under Side Letter 20 of the 1986 BLE National Agreement is only payable to engineers receiving the special allowance under Article V of the 1991 National Implementing Agreement.

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#4

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, Ohio 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen

This confirms our agreement that the health and welfare offsets will be taken against the 1998 and 1999 Thoroughbred Performance Bonuses in the following manner:

(A)   There will be subtracted from each engineer’s 1997 bonus a sum equal to the lesser of (x) one-half of the bonus described in Article I of this agreement and (y) two times one-quarter of the amount, if any, by which the carriers’ payment rate for 1996 for foreign-to-occupation health benefits under The Railroad Employees National Health and Welfare Plan (Plan) exceeds such payment rate for 1995.

(B)   There will be subtracted from each engineer’s 1999 bonus a sum equal to the lesser of (x) one-half of the bonus described in Article I of this agreement and (y) one-and-one-half times one-quarter of the amount, if any, by which the carriers' payment rate for 1998 for foreign-to-occupation health benefits under the Plan exceeds such payment rate for 1995.

The carriers' payment rate for any year for foreign-to-occupation health benefits under the Plan shall mean twelve times the payment made by the carriers to the Plan each month (in such year) per employee who is fully covered for employee health benefits under the Plan. Carrier payments to the Plan for these purposes shall not include the amounts per such employee per month

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

(in such year) taken from the Special Account, or from any other special account, fund or trust maintained in connection with the Plan, to pay or provide for current Plan benefits, or any amounts paid by remaining carriers to make up the unpaid contributions of terminating carriers pursuant to Article III, Part A, Section 1 of the Agreed Upon Implementation of Public Law 102-29 (1991 National Implementing Document)

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#5

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

 

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

Section   1

Employees in road freight service not covered by the National Paid Holiday Rules will be entitled to personal leave day(s) on the following basis subject to the limitation contained in Section 2, below:

Years of Service Personal Leave Days

Less than five years   3   days

Five years and less than 10 years   5   days

Ten years and less than 15 years   7   days

Fifteen years and less than 20 years   9   days

Twenty years or more 11   days

 

Section   2

The number of personal leave days each road freight service engineer is entitled to shall be reduced by the number of paid holidays (or pay in lieu thereof) received in covered road service or in the exercise of road and/or yard seniority rights. Once an engineer has reached the maximum of 11 days under this or any other agreement, he will not be entitled to any additional paid holidays or personal leave day(s) in that calendar year.

If an engineer takes any of his personal leave days before his service anniversary date, in a year in which his entitlement will

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

increase, he may take up to the number of leave days he is entitled to prior to his anniversary date and then take the additional days that he is entitled to after his service anniversary date.

Section   3

Personal leave day(s) may be taken upon 24 hours' advance request to an appropriate Carrier Officer and shall be granted consistent with the requirements of the service. The Carrier has the option of granting personal leave days with less than 24 hours' notice. The engineer will be paid one basic day at the rate of the last service performed for each personal leave day(s) . Should the Carrier refuse an engineer's request for Personal day(s), those leave days will be carried over, but must be requested and granted prior to May 1 of the following year. Any personal leave days not taken during the calendar year because of failure of the engineer to make timely request therefor shall not be carried over.

Section   4

Personal leave day or days will not be scheduled to start on other than a workday of the engineer's position. Personal leave days for extra board engineers and those in pool freight service will begin when they otherwise would have been called. Personal leave days paid for will be counted as qualifying days for vacation Purposes.

Section   5

Personal leave days will not be scheduled or allowed to start on other than a work day of engineer's position and when personal leave days begin, they will be taken consecutively.

Personal leave days for extra board engineers and those in Pool Freight Service will begin when they otherwise would have been called.

Section   6

For convenience, references to gender, if any, in this Agreement are made in the masculine gender. It is understood and agreed by the parties to this Agreement that references to the masculine gender include both the masculine and female genders.

Section   7

Appended as Attachment "A" are questions and answers concerning this Agreement.

 

Mr. W. E. Knight et al.

May 1, 1996 {}{}{}

Page 3

 

Section 8

This Agreement will be effective this date and remain in effect until changed or modified in accordance with the Railway Labor Act, as amended.

 

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

 

Attachment "A"

 

Question and Answer No. 1.

Q. If an engineer with more than five years and less than ten years of service, who is

entitled to five Personal leave days a year (receives or could have received 6 paid

holidays but did not qualify due to unavailability on qualifying day or days), goes to

road service, which does not qualify for holiday pay, would he be entitled to five

personal leave days?

A. Yes, but he could not get more than eleven Personal leave days and holidays through

the combination of the two.

Question and Answer No. 2.

Q. In the event the same engineer, who qualified for and who is entitled to five personal

leave days, works a yard job or a road job qualifying for. holiday pay and earns seven

paid holidays and then takes a job that does not qualify for holiday pay, how many

personal leave days would he then be entitled to?

A. Four.

Question and Answer No. 3.

Q. In the case of a 20-year engineer working the first part of the year on freight trains not

covered by holiday pay, and during such time uses all eleven days of his "personal

leave," then goes to a road freight run covered by Holiday Pay Rules, or yard service

covered by Holiday Pay Rules, what is his eligibility for holiday pay?

A. He would not be eligible for holiday pay, as he used his maximum eleven days for the

year, and no more holiday-pay days would be due; similarly, if he used five days of Personal

leave, he would only be eligible for the six holiday-pay opportunities the remainder of the year,

i.e., in no event can an engineer accrue more than eleven days' personal leave or holiday pay

in combination.

Question and Answer No, 4.

Q. If a passenger service engineer, where no holiday pay applies, or a yard service

employee, goes into freight service where the personal leave days apply, is he eligible

for such days when in freight service?

A. Yes, after the engineer has made one or more trips in freight service.

 

-2-

 

Question and Answer No. 5.

Q. An engineer has five years of service as of December 28, 1992, has taken no personal

leave days prior to that date and is then entitled to five personal leave days, but there

are only four days remaining in the year. After taking four Personal leave days, may he

then carry the fifth day over into the next year?

A. No.

Question and Answer No. 6.

Q. An engineer who will have five years of service on August 1, 1992, takes three personal

leave days prior to that date. Is he entitled to an additional two Personal leave days

after August 1, 1992?

A. Yes.

Question and Answer No. 7.

Q. Can an engineer on a combination road/yard extra board take Personal leave days?

A. Yes, but he cannot get more than 11 personal leave/holidays through a combination of

the two.

Question and Answer No. 8.

Q .When personal leave days have begun, how will they be computed?

A. Consecutively on calendar-day basis.

Question and Answer No. 9.

Q. Does this Agreement preclude the payment of time and one-half for service actually

performed on a holiday by an engineer who has previously taken a combination of

eleven (11) holiday / personal leave days?

A. No, provided he is otherwise qualified for time and one-half payment for service

performed on a holiday under the National Holiday Rule.

Question and Answer No. 10.

Q. If an engineer carries over personal leave days as provided by Section 3, will such

employee be permitted to take his personal leave days even though he is holding, at that

time, an assignment covered by the National Paid Holiday Rules?

A. Yes.

 

May 1, 1996

#6

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to Article III, Section 2 and Article V, Section 1 of the Agreement of this date.

Those provisions shall be applied effective on the first day of the calendar month immediately following the month in which this Agreement is ratified.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#7

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding regarding Article V - Benefits Eligibility of the Agreement of this date.

This will confirm our understanding that eligibility criteria in effect on December 31, 1995 governing coverage by The Railroad Employees National Health and Welfare Plan shall continue to apply to employees represented by the organization who hold positions as working General Chairmen, Local Chairmen, and State Legislative Board Chairmen ("local officials") . In other words, the changes in eligibility as set forth in Article V, Section 1 are not intended to revise eligibility conditions for local officials. It is further understood that by providing this exclusion it is not intended that the total number of such officials covered be expanded.

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

 

May 1, 1996

#8

 

 

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding regarding Article V - Benefits Eligibility of the Agreement of this date.

This will confirm our understanding that vacation qualification criteria in effect on the date of this Agreement shall continue to apply to employees represented by the organization who holds positions as working General Chairmen, Local Chairmen, and State Legislative Board Chairmen ("local officials") . In other words, the changes in eligibility as set forth in Article V, Section 2 are not intended to revise vacation qualification conditions for such local officials. It is further understood that by providing this exclusion it is not intended that the total number of such officials covered be expanded.

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#9

 

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

During the negotiations which led to the Agreement of this date, the parties had numerous discussions about the relationship between time worked and benefits received. The carriers were concerned that certain employees were not making themselves sufficiently available for work, but due to the then current eligibility requirements such employees remained eligible for health and welfare benefits.

As a result of these discussions, the parties agreed to tighten one eligibility requirement from any compensated service in a month to seven calendar days compensated service in a month (the seven-day rule"). However, it was not the intent of the parties to affect employees by this change where such employees have made themselves available for work and would have satisfied the seven- day rule but for an Act of God, an assignment of work which did not permit satisfaction of the seven-day rule, or because monthly mileage limitations, monthly earnings limitations and/or maximum monthly trip provisions prevented an employee from satisfying that rule .

Also where employees return to work from furlough, suspension, dismissal, or disability (including pregnancy), or commence work as new hires, at a time during a month when there is not opportunity to render compensated service on at least seven calendar days

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

during that month, such employees will be deemed to have satisfied the seven-day rule, provided that they are available or actually work every available work opportunity.

However, in no case will an employee be deemed eligible for benefits under the new eligibility requirement if such employee would not have been eligible under the old requirements.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#10

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding regarding Article IX - Enhanced Customer Service of the Agreement of this date.

In recent years the rail freight sector of the transportation market place has taken steps toward a more competitive discipline which, if successful, could point the rail industry toward more growth. The parties to this Agreement are intent on nurturing these improvements. In this respect we mutually recognize that an important reason underlying the recent improvement has been enhanced focus on customer needs and improved service as the framework for working conditions. Increase employee productivity and more immediate responses to customer needs by railroad employees at all levels have been and will continue to be at the very heart of this effort.

In order to continue these recent improvements, the parties intend to respond to customers' needs with even greater efforts. In Article IX, we have developed a framework for achieving our mutual goal of retaining existing customers and attracting new business by providing more efficient and expedient service, including relaxation of work rules specified therein where and to the extent necessary for those purposes. We are also in accord that these undertakings should appropriately recognize the interests of affected employees in fair and equitable working conditions.

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#11

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This refers to our discussions concerning flowback arrangements between engine and train service Positions in those situations where the BLE represents engineers. Each carrier shall meet with and obtain the concurrence of the BLE representative(s) having jurisdiction over the engineers' seniority roster or rosters involved in any flowback arrangements on such carrier before the flowback arrangements are implemented.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#12

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

The parties exchanged various proposals and drafts antecedent to adoption of the various Articles that appear in this Agreement. It is our mutual understanding that none of such antecedent proposals and drafts will be used by any party for any purpose and that the provisions of this Agreement will be interpreted and applied as though such proposals and drafts had not been used or exchanged in the negotiation.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

P.T. Sorrow

P.T. Sorrow

 

May 1, 1996

#13

Mr. W. B. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

Employees will be called in the order they are marked up and available for service. In no case is an employee due compensation if not called due to not being rested under the Hours of Service Law.

Employees runaround during their tour of duty through no fault of their own will be marked up at the opposite terminal, provided they advise appropriate carrier personnel, in the same relative position as they stood at the terminal where their assignment went on duty.

It is not the intent of this understanding to require crews to be run in the same order as called.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

 

May 1, 1996

#14

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

Independent yard assignments may be required to perform general yard switching without additional compensation. Regular assigned yard assignments will not be annulled as a result of the application of this understanding.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

May 1, 1996

#15

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

Extra board engineers must be available for all engineer assignments protected by the extra board.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

May 1, 1996

#16

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, Illinois 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms Our understanding with respect to the Agreement of this date.

Upon the service of a notice under Article IX, Section 1, of the 1986 BLE National Agreement of intent to implement interdivisional service, the parties will discuss the details of operating and working conditions of the proposed runs during a period of 30 days following the date of the notice. It they are unable to agree, at the end of the 30-day period, with respect to runs which 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 Article IX, Section 4 of the 1986 BLE National Agreement. This trial basis operation will not be applicable to runs which it is anticipated will result in the elimination of an existing home terminal. This understanding does not restrict any of the existing rights of the Carrier and is not applicable to any notice served prior to the date of this agreement.

 

 

Mr. W. E. Knight et al.

May 1, 1996

Page 2

 

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

May 1, 1996

#17

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

In consideration of the mutual benefits that can be obtained by both the Carrier and engineers represented by the Brotherhood of Locomotive Engineers, the parties will negotiate agreements that recognize that engineers can be utilized when necessary to fill vacancies on all runs originating from their home terminal.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

 

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

May 1, 1996

#18

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

It is understood that employees will be required to participate in the Carrier's Direct Deposit Program for all future payroll payments and any rule, agreement or understanding in conflict therewith is canceled. Engineers will have thirty (30) days from the date of this agreement to provide Payroll with all necessary information needed to begin the program or provide payroll written notification of their refusal to participate.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

May 1, 1996

#19

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date.

In recognition of the parties' mutual desire to operate the service in a more efficient manner while reducing the time at the away from home terminal, turnaround service may be established between terminals under the terms and conditions of Article IX - Interdivisional Service of the 1986 National Agreement. It is not intended to restrict any of the existing rights of the Carrier by this understanding.

Please acknowledge your agreement by signing your name in the space provided below

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

May 1, 1996

#20

 

Mr. W. E. Knight, General Chairman

Brotherhood of Locomotive Engineers

433 South Street

Wheelersburg, OH 45694

Mr. S. D. Speagle, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 4509

Decatur, IL 62521

Mr. R. C. Wallace, General Chairman

Brotherhood of Locomotive Engineers

P.O. Box 16039

Asheville, NC 28816

Gentlemen:

This confirms our understanding with respect to the Agreement of this date

Reference is made to discussion of the Agreement of this date during which it was agreed that the Carrier can utilize work trains in revenue service without penalty.

Please acknowledge your agreement by signing your name in the space provided below.

Very truly yours,

 R.F. Allen

Robert F. Allen

I agree:

W.E. Knight

W.E. Knight

Stephen D. Speagle

S.D. Speagle

R.C. Wallace

R.C. Wallace

 

ARTICLE V - BENEFITS ELIGIBILITY

Section 1 - Health and Welfare Plan

 

Q-1: In situations where employees are assigned to Reserve Boards or observe Personal Leave Days,

will such Lime be counted toward fulfillment of the seven (7) calendar day requirement for benefit

eligibility in the succeeding month?

A-1: This Article does not change existing definitions of the term "render compensated service" for

purposes of Plan eligibility.

 

Q-2: Does the seven (7) day qualifying requirement in the previous month apply to those employees

who take a period of family or medical leave authorized and provided for under the Family and

Medical Leave Act (FMLA)?

A-2: No. Such period of authorized leave will be treated as if it were a period during which the

employee rendered compensated service, subject to the limitations contained on Page 21 of the

current Summary Plan Description of the Railroad Employees National Health and Welfare Plan.

 

Q-3: If an employee has two (2) starts in one calendar day, how many days will he / she be credited

with for purposes of fulfilling the seven (7) calendar day qualifying requirement?

A-3: The employee receives credit for each calendar day worked.

 

Q-4: How are employees treated with reference to benefit eligibility in cases of off-the-job injury and

or illness?

A-4: In the same manner as currently being treated by the Plan without change.

 

Q-5: How is benefit eligibility handled for employees who are absent?

A-5: The employee must meet the eligibility requirements to be eligible for benefits in the following

month.

 

-2-

Q-6: How are the provisions of the Health and Welfare Plan affected by the changes in benefit

eligibility?

A-6: There is no change.

 

Q-7: What was the intent of the parties when increasing the number of qualifying days for health

benefits eligibility?

A-7: The intent was for the employee to render a more proportionate amount of service in a given

month so as to be eligible for health benefit coverage in the succeeding month.

 

Q-8: Existing rules on some properties contain monthly mileage limitations, monthly earnings limitations,

and / or maximum monthly trip provisions so as to possibly preclude an individual from satisfying

the seven (7) day qualifying requirement?

A-8: Under these circumstances, it was not the intent of the parties to disqualify the individual for health

care benefits, nor was it the parties intent for the individual to expend vacation days so as to

otherwise meet the service requirements.

Q-9: Will the new qualifying provisions be applied retroactively to January 1,1996 so as to dis- qualify individuals for employee and/or dependent health benefits who were eligible under the

previous requirements?

A-9: No. As provided in Side Letter # 6, such provisions shall be applied effective on the first day of

the calendar month immediately following the month in which the Agreement is ratified.

 

Q-10: Will mileage equivalents arid overtime hours be used in calculating the seven (7) day requirement?

A-10: No.

 

Q-11 In situations where employees return to work after periods of extended absence as a result of but

not limited to, disability, furlough, suspension, dismissal, leave of absence or pregnancy at a point

in a calendar month so as to make it impossible to satisfy the seven (7) day requirement, but make

themselves otherwise available or work all of the remaining days

 

 

-3-

in that month, will they qualify for medical benefit coverage in the month next following their return

to work?.

A-11: This is addressed in and will be determined in accordance with the provisions of Side Letter #9.

 

Q-12: Does the term 'local officials' as used in Side Letter #7 include division presidents, secretaries / treasurers and legislative representatives who may also be required to lose time from their

assignments due to union obligation?

A-12: No, local officials are limited to working General Chairmen, Local Chairmen, and State Legislative

Board Chairmen

 

Q-12: Will regular assigned road freight service employees and/or pool service employees who may be

prevented from performing Service in a calendar month equal to or exceeding the seven (7)

calendar days due to, but not limited to acts of god, catastrophe, inclement weather, related

industry shutdowns or other traffic pattern conditions be deemed ineligible for health benefits in

the succeeding month?

A-13: This is addressed in and will be determined in accordance with the provisions of Side Letter # 9.

 

Q-14: Is it correct that in the event of an employee and/or dependent(s) losing coverage under this rule,

such individual will be eligible to continue coverage in accordance with the COBRA rules?

A-14: Eligibility for COBRA coverage remains unchanged.

 

Q-15: Will paid holidays be counted in meeting the qualifying requirement?

A-15: This Article does not change existing definitions of the term "render compensated service" for

purposes of Plan eligibility.

 

 

ARTICLE V - BENEFITS ELIGIBILITY

Section 2 - Vacation benefits

 

Q-1: in situations where employees observe Personal Leave Days, will such time be counted toward

fulfilling the qualifying requirements for vacation to be taken in the succeeding year?

A-1: Yes, if that is the current practice on the individual railroad.

 

Q-2: Is it correct that an employee who works six (6) months in yard service and six (6) months in

road service will qualify for a vacation after rendering service amounting to the equivalent of

150 qualifying days commencing January 1, 1997?

A-2: There is no change from existing applications concerning employees with road and yard rights.

 

Q-3: How many days must an employee work in 1996 to qualify for a vacation to be taken in 1997?

A-3: There is no change in the National Vacation Agreement which will increase the qualifying days in

1996 for a 1997 vacation period.  Beginning in 1997, however, employees must meet the new

qualifying criteria for a 1998 vacation.

 

Q-4: Are current system agreements providing more than two splits in annual vacations affected by this

agreement?

A-4: No.

 

Q-5: Are current system agreements providing for more than one week of annual vacation to be taken

in single day increments changed by this agreement?

A-5: No.

 

Q-5: What procedure should be followed when requesting a single day of vacation?

A-6: Employees should follow the established procedure for assigning vacations on the property.

Where there is none, the procedures used for scheduling personal leave days should be used.

 

 

- 2 -

Q-7: Must the Carrier allow the request made by an employee to observe a single day of vacation?

A-7: Yes, employees should follow the established procedure for assigning vacation on the property.

Where there is none, the procedures used for scheduling personal leave days should be used.

 

Q-8: Will employees be automatically marked up for service upon return from vacation periods of more

than a single day?

A-8: The new provisions for automatic mark-up apply only when taking vacation in less than one week

increments. Otherwise, existing rules and practices continue to apply.

 

Q-9: There are many questions raised with regard to the change in the number of qualifying days. The

questions include, but are not limited to, the application of the 1.6 and 1.3 multiplying factors and

the determination of the number of accumulated days of service for qualification for extended

vacation. How might these questions be resolved?

A-9: The parties commit to the formulation of a Vacation Synthesis so as to fully incorporate the

changes made in this Agreement and to serve as a guide to resolve these questions and issues.

 

Q-10: When an employee elects to observe one (1) week of vacation in single day increments as

provided for in paragraphs (f) does that constitute on one (1) of the allowable two (2) splits in

his / her annual vacation as provided for in paragraph (e)?

A-10: Yes.

 

Q-11: Does the term "local officials" as used in Side Letter #8 include division presidents, secretaries /

treasurers and legislative representatives who may be required to lose time from their assignments

due to union obligations?

A-11: No, local officials are limited to working General Chairmen, Local Chairmen, and State Legislative

Board Chairmen.

 

- 3 -

Q-12: In application of paragraph (f), how many days of single day vacations may a yard service and

road service employee be permitted to take; five, six or seven days?

A-12: This question should be decided on each individual property in accordance with the past practice

as to what appropriately constitutes one (1) week of annual vacation.

 

Q-13. Can the employee elect to take vacation in periods of two (2), three (3), or four (4) days rather than a single day increments?

A-13: Yes, employees should follow the established procedure for assigning vacations on the property.

Where there is none, the procedures used for scheduling personal leave days should be used.

 

Q-14: If an employee observes a single day of vacation and subsequently becomes ill so as to be unable

to work the next day, what must he / she do inasmuch as they are to mark-up for service auto-

matically?

A-14: The employee should follow the established procedure for marking off sick.

 

Q-15: Are an employee's obligations under existing rules and practices with respect to protecting service

on his assigned off / rest days changed if the employee observes a single day of vacation

immediately prior to such off / rest day?"

A-15: No.

 

Q-16: May an employee request a single day of vacation to be taken immediately following a day where

he/she was off sick or observing a personal leave day?

A-16: Yes.

 

ARTICLE VII - ENHANCED EMPLOYMENT OPPORTUNITIES

 

Q-1: Should a subsequent separate transaction occur after an initial relocation would the affected

employee be allowed to again apply under Section 2?

A-1: Yes.

 

Q-2: What does "deprived of employment" mean for the purposes of the application of this Article?

A-2: The inability to obtain any possible position to which entitled.

 

Q-3: Will the resultant seniority roster established per Article VII, Section 2, cause any employee to

suffer a loss of seniority on any roster to which they currently have seniority?

A-3: No. Such employee establishes seniority as of the date of service in the vacant, must fill or claim

open, must fill position. All existing seniority remains intact.

 

Q-4: In order for an employee to receive the relocation allowance under Section 2 (c), is it required that

the employee:

(a) Sell his / her existing residence?

(b) Stay / work a minimum amount of time at the new location?

(c) Move thirty (30) or more miles from his former residence?

A-4: (a) No.

(b) To receive the full allowance, the rule requires that the employee be at the new location at

the time the second payment is due.

(c) Yes. The note to paragraph (c) requires an exercise of seniority a distance greater than

50 miles.

 

Q-5: What is the definition of "prior right territory(s)" as set forth in the note to Section 2 (c)?

A-5: This is determined on the individual properties in accordance with the applicable rules and / or

practices governing seniority.

 

ARTICLE VIII - RATE PROGRESSION

 

Q-1: What rate of pay is applicable to employees who are promoted to engineer but are working as

brakemen (helpers) and / or hostler?

A-1: Once an individual is promoted to engineer, that employee receives the applicable rate

percentage, regardless of the craft in which they are working, until such time as they reach

the next rate step in accordance with Article IV, Section 5 of the 1991 Implementing Agreement.

 

Q-2: An 80% entry rate employee promoting to engineer March 1, 1996, immediately elevates to the

85% entry rate. On his / her July 1, 1996 hiring anniversary date does the entry rate of that

employee increase to 90%?

A-2: No. The employee goes to 90% on July 1, 1997.

 

Q-3: An employee is elevated to the next step in the rate progression upon promotion from brakeman

to conductor. Does that employee elevate to the next step upon subsequent promotion to

engineer?

A-3: Yes.

 

Q-4: Where existing promotion rules or practices provide for the automatic promotion to conductor and

engineer upon promotion to either conductor or engineer, will an employee be elevated two (2)

steps on the wage scale?

A-4: Yes.

 

- 2 -

Q-7: Is it the intent of Article X to impose discipline on employees who fail to exercise seniority with 48

hours.

A-7: No, Section 1(b) provides that in these circumstances the employee will be assigned to the

applicable extra board, seniority permitting. The employee will then be subject to existing rules

and practices governing service on such extra board.

Q-8: Is this rule intended to expand upon the displacement rights of an individual so as to create

situations not currently provided for in existing agreements and practices?

A-8: No.

 

Q-9: If an employee notifies the Carrier of their intent to displace beyond the 30 mile limit, can such

employee notify the Carrier subsequent to the expiration of the 48 hour period of their desire to

displace within the 30 miles?

A-9: No.

 

Q-10: How is the 30 miles limit to be measured - rail or highway?

A-10: Highway

 

Q-11: When does the 48 hour time period within which the employee must exercise displacement rights

begin?

A-11: When properly notified under existing rules governing this situation.

 

ARTICLE IX - ENHANCED CUSTOMER SERVICE

 

Q-1: What is the intent of the parties with respect to the provision in paragraph (b) which states "..., the

Carrier will extend seven (7) days advance notice where practicable but in no event less than

forty-eight (48) hours advance notice.

A-1: The intent was for the Carriers to routinely give as much advance notice as possible to the

involved BLE General Chairmen(s) prior to implementation of the proposed service under

paragraph (a).

 

Q-2: Should the Carrier notify the General Chairmen(s) in writing when and where it intends to establish

such service and identify the involved customer?

A-2: Yes, and such notification should include the specific rule(s) where relief or relaxation is requested.

 

Q-3: What will prevent the Carrier from routinely furnishing the minimum notice under the rule, i.e., 48

hours, prior to implementing the desired service?

A-3: The intent was for the Carriers to routinely give as much advance notice as possible to the

involved BLE General Chairmen(s) prior to implementation of the proposed service under

paragraph (a).

 

Q-4: Is it the intent of the parties that the Joint Committee referred to in paragraph © will be

established and meet at the location where the proposed service is to be implemented?

A-4: The Committee will confer by whatever means are appropriate and practical to the

circumstances, including telephonically.

 

Q-5: Can the Carrier require a yard crew from one seniority district to meet the service requirements

of a customer if such customer is located in road territory in another seniority district on that Carrier

within the combination road-yard service zone?

A-5: The carrier's rights under this Article are limited to certain identified rules under defined

circumstances, provided that the carrier has complied with all applicable requirements set forth

therein. Any carrier proposal under this Article which, in the opinion of the BLE President, is

egregiously inconsistent with the intent of the rule will not be implemented without

 

- 2 -

conference between the BLE President and the NCCC Chairman.

 

Q-6: Does this rule permit the use of road crews to perform customer service within switching limits?

A-6: The carrier's rights under this Article are limited to certain identified rules under defined

circumstances, provided that the carrier has complied with all applicable requirements set forth therein. Any carrier proposal under this Article which, in the opinion of theBLE President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the BLE President and the NCCC Chairman.

 

Q-7: Can the Carrier be considered a customer in the application of this rule?

A-7: The word "customer", as used in paragraph (a), was not meant to apply to the Carrier.

 

Q-8: Is there any limitation as to the number of miles a yard crew may be required to travel in road

territory in order to provide the customer service contemplated by this rule?

A-8: Yes. Yard crews are limited to the minimum number of miles necessary to accomplish the service consistent with the spirit and intent of the parties.

 

Q-9: Where customer service can be accomplished by a road crew, is the Carrier within the Intent of the rule to establish the use of a yard crew to perform this work?

A-9: The Carrier's use of yard crews must meet the requirements of the rule.

 

Q-1O:  Does this Article IX supersede the Road/Yard Service zone established under Article VIII,

Section 2(a) (iii) of the May 19, 1986 National Agreement or the agreed upon interpretations

pertaining thereto?

A-1O: No, this Article amends Article IX - Special Relief, Customer Service - Yard Crews of the BLE Implementing Document of November 7, 1991.

 

Q-11: Does Article IX contemplate the use of yard crews from one seniority district or Carrier to perform service for a customer which is located on the line of another Carrier?

A-11: It is not the intent of the rule to permit yard crews from one Carrier to substitute for yard crews of another unrelated Carrier.

 

Q-12: Are any employee protective provisions applicable to employees adversely affected by the

institution of service under Article IX?

A-12: As set forth in paragraph (e).

 

Q-13: Does Article IX contemplate the establishment of split-shifts in yard service?

A-13: No.

 

Q-14: Paragraph (e) requires that the Carrier show a "bona fide" need for the rule relief requested or that it cannot provide the service at a "Comparable Cost" under the existing rules. Will the Carriers burden of proof in this regard be met simply by showing that the customer service can be accomplished at a reduced cost?

A-14: No, a carrier will also have to demonstrate compliance with Section 1(a).

 

Q-15: If a yard crew is providing particularized service to a customer under this rule, may the Carrier

properly require the yard crew to provide service to other industries located in the area or along the line?

A-15: The carrier's rights under this Article are limited to certain identified rules under defined

circumstances, provided that the carrier has complied with all applicable requirements set forth therein. Any carrier proposal under this Article which, in the opinion of the BLE President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the BLE President and the NCCC Chairman.

 

 

- 4 -

Q-16: May the Carrier use a road crew to provide service to a customer within the switching limits of a terminal?

A-16: The carrier's rights under this Article are limited to certain identified rules under defined

circumstances, provided that the carrier has complied with all applicable requirements set forth therein. Any carrier proposal under this Article which, in the opinion of the BLE President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the BLE President and the NCCC Chairman.

 

Q-17: Will a yard crew used in accordance with this Article have its work confined solely to meet the

specific service requirements?

A-17: The carrier's rights under this Article are limited to certain identified rules under defined circumstances, provided that the carrier has complied with all applicable requirements set forth therein. Any carrier proposal under this Article which, in thc opinion of the BLE President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the BLE President and the NCCC Chairman.

 

Q-18: Can Employees of a Carrier who may be restricted by physical disabilities or for disciplinary

reasons from performing road service on that Carrier be used to perform such service under this Article?

A-18: No.

 

Q-19: If a carrier fails to comply with the provisions of Article IX, what remedy is available to employees adversely affected by the carrier's implementation of its proposal?

A-19: The arbitrator is authorized to fashion a remedy appropriate to the circumstances under Section 1 (e)

 

ARTICLE X - DISPLACEMENT

 

Q-1: On those properties where employees have less than 48 hours to exercise displacement rights, are such rules amended so as to now apply a uniform rule?

A-1: No, the existing rules providing for less than 48 hours continue, unless the parties specifically

agree otherwise.

 

Q-2: Is an employee displaced under Section 1, electing to exercise seniority placement beyond thirty (30) miles of the current reporting point, required to notify the appropriate crew office of that decision within 48 hours?

A-2: Yes.

 

Q-3: How is an employee covered by this Article handled who fails to exercise seniority placement

within 48 hours?

A-3: Such employee is assigned to the applicable extra board, seniority permitting, pursuant to Section 1 (b) and subsequently governed by existing rules and / or practices.

 

Q-4: How long a period of time does an employee have to exercise displacement rights outside the

boundaries specified in Section 1(a)?

A-4: The rules governing exercise of displacement rights as currently contained in existing agreements continue to apply in this situation.

 

Q-5: What happens if the employee notifies the Carrier that it is the employee's intent to displace

outside of the 30 mile limit, then, after 72 hours, the employee is no longer able to hold that

assignment?

A-5: A new 48-hour period begins.

 

Q-6: Is it intended that employees who fail to displace within 48 hours be assigned to an extra list where local or system agreements prohibit such assignment due to extra board restrictions and or seniority consideration?

A-6: See Section 1 (c) of Article X.

 

 

- 2 -

Q-7. Is it the intent of Article X to impose discipline on employees who fail to exercise seniority with 48 hours.

A-7: No, Section 1(b) provides that in these circumstances the Employee will be assigned to the

applicable extra board, seniority permitting. The employee will then be subject to existing rules and practices governing service on such extra board.

Q-8: Is this rule intended to expand upon the displacement rights of an individual so as to create

situations not currently provided for in existing agreements and practices?

A-8: No

 

Q-9: If an employee notifies the Carrier of their intent to displace beyond the 30 mile limit, can such

employee notify the Carrier subsequent to the expiration of the 48 hour period of their desire to displace within the 30 miles?

A-9: No.

 

Q-10: How is the 30 miles limit to be measured - rail or highway?

A-10 Highway.

 

Q-11: When does the 48 hour time period within which the employee must exercise displacement rights begin?

A-11: When properly notified under existing rules governing this situation.