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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PlanBenefit In-Network OtherThan 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 charges2 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 charges2 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.
- 18 -
(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
W.E. Knight
S.D. Speagle
R.C. Wallace
P.T. Sorrow
Participating carriers:
Norfolk Southern Railway
The Alabama Great Southern
Railroad Company
Atlantic & East
Carolina Railway Company
Central of Georgia Railroad
Company
The Cincinnati, New Orleans
& Texas Pacific Railway Company
Georgia Southern and
Florida Railway Company
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
BASICCURRENTOVER- O/M RATE RATEFROZENID RATE
DAYPRO
RATATIME RATE CODE TOTAL W/D CODEPRO
RATAFROZ O/M
144.27 16.0350 27.0525 1.0717 6 200 -250 309 13.180 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
BASICCURRENTOVER- O/M RATE RATEFROZENID RATE
DAYPRO
RATATIME RATE CODE TOTAL W/D CODEPRO
RATAFROZ 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 1.31
BLE RATES OF PAY
EFFECTIVE (TEST - 1996)
(10.5 % inc to O/M + ID
O/M)
ENGINEER WITH A FIREMAN IN
LOCAL FREIGHT SERVICE
BASICCURRENTOVER- O/M RATE RATEFROZENID RATE
DAYPRO
RATATIME RATE CODE TOTAL W/D CODEPRO
RATAFROZ 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
BASICCURRENTOVER- O/M RATE RATEFROZENID RATE
DAYPRO
RATATIME RATE CODE TOTAL W/D CODEPRO
RATAFROZ 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
BASICCURRENTOVER- RATE RATE FROZEN *O/M
DAY PRO
RATA TIME CODE TOTAL
W/D CODEPRORATARATE
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
BASICCURRENTOVER- RATE RATE FROZEN *O/M
DAY PRO
RATA TIME CODE TOTAL
W/D CODEPRORATARATE
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
BASICCURRENTOVER- RATE RATE FROZEN *O/M
DAY PRO
RATA TIME CODE TOTAL
W/D CODEPRORATARATE
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
BASICCURRENTOVER- RATE RATE FROZEN
DAY PRORATATIME CODE TOTAL W/D CODEPRO
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
BASICCURRENTOVER- O/M RATE FROZEN
DAY PRO
RATA TIME RATE TOTAL
W/D CODEPRORATA
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
BASICCURRENTOVER- O/M RATE FROZEN
DAY PRO
RATA TIME RATE TOTAL
W/D CODEPRORATA
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.
Section1
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 3days
Five years and less than 10
years 5days
Ten years and less than 15
years 7days
Fifteen years and less than
20 years 9days
Twenty years or more 11days
Section2
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.
Section3
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.
Section4
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.
Section5
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.
Section6
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.
Section7
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
automatically?
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).
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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.
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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 ernployees 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.
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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.