THIS AGREEMENT MADE THIS 2ND DAY OF JUNE, 1988
BETWEEN THE NATIONAL RAILROAD PASSENGER CORPORATION
AND ITS PASSENGER ENGINEERS REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE
ENGINEERS.
ARTICLE I—GENERAL WAGE INCREASES
Section 1—First General Wage
Increase
Effective August 1,1985, all
standard basic hourly rates of pay (excluding cost-of-living allowance) in
effect on July 31, 1985, for employees* represented by the Brotherhood of Locomotive
Engineers will be increased by one (1.0) percent.
*The term “employees” as used in this agreement
refers to Passenger Engineers (NEC and Off-Corridor).
Section 2—Second General Wage Increase
Effective April 1, 1986, all
standard basic hourly rates of pay (excluding cost-of-living allowance) in
effect on March 31, 1986, for employees represented by the Brotherhood of
Locomotive Engineers shall be increased by two (2.0) percent.
Section 3—Third General Wage Increase
Effective July 1, 1986, all
standard basic hourly rates of pay (excluding cost-of-living allowance) in
effect on June 30, 1986, for employees represented by the Brotherhood of
Locomotive Engineers shall be increased by one and one-half (1.5) percent.
Section 4—Fourth General Wage Increase
Effective January 1, 1987,
all standard basic hourly rates of pay (excluding cost-of-living allowance) in
effect on December 31, 1986, for employees represented by the Brotherhood of
Locomotive Engineers shall be increased by two and one-quarter (2.25) percent.
Section 5—Fifth General Wage Increase
Effective July 1, 1987, all
standard basic hourly rates of pay (excluding cost-of-living allowance) in
effect on June 30, 1987, for employees represented by the Brotherhood of
Locomotive Engineers shall be increased by one and one-half (1.5) percent.
Section 6—Sixth General Wage Increase
Effective January 1, 1988,
all standard basic hourly rates of pay (excluding cost-of-living allowance) in
effect on December 31, 1987, for employees represented by the Brotherhood of
Locomotive Engineers shall be increased by two and one-quarter (2.25) percent.
Section 7—Application of Wage Increases
In determining new hourly
rates, fractions of a cent will be disposed of by applying the next higher
quarter of a cent.
ARTICLE II—COST-OF-LIVING
ADJUSTMENTS
Section 1—Amount and
Effective Dates of Cost-Of-Living Adjustments.
a. The cost-of-living allowance which, on June 30, 1986, is 13 cents
per hour, will subsequently be adjusted, in the manner set forth in and subject
to all the provisions of paragraphs (e) and (g) below, on the basis of the
“Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised
Series) (CPI-W)” (1967 = 100), U.S. Index, all items—unadjusted, as published
by the Bureau of Labor Statistics, U.S. Department of Labor, and hereinafter
referred to as the BLS Consumer Price Index.
The first such cost-of-living adjustment shall be made effective July 1,
1986, based (subject to paragraph (e) (i) below) on the BLS Consumer Price
Index for March 1986 as compared with the index for September 1985. Such adjustment, and further cost-of-living
adjustments which will be made effective as described below, will be based on
the change in the BLS Consumer Price Index during the respective measurement
periods shown in the following table subject to the exception in paragraph (e)
(ii) below, according to the formula set forth in paragraph (f) below as
limited by paragraph (g) below:
Measurement Periods
Measurement Effective Date
Base Month Month Of Adjustment
(1) (2) (3)
September
1985 March 1986 July 1, 1986
March
1986 September 1986 January 1, 1987
September
1986 March 1987 July 1, 1987
March
1987 September 1987 January 1, 1988
b. While a cost-of-living
allowance is in effect, such cost-of-living allowance will apply to straight
time, overtime, vacations, holidays and to special allowances in the same
manner as basic wage adjustments have been applied in the past.
c. The amount of the
cost-of-living allowance, if any, which will be effective from one adjustment
date to the next may be equal to, or greater or less than, the cost-of-living
allowance in effect in the preceding adjustment period.
d. On June 30, 1988, all of
the cost-of-living allowance then in effect shall be rolled into basic rates of
pay and the cost-of-living allowance remaining in effect will be reduced to
zero.
e. Cap. (i) In
calculations under paragraph (f) below, the maximum increase in the BLS
Consumer Price Index (C.P.I.) which will be taken into account will be as
follows:
Effective
Date Maximum C.P.I. Increase Which
Of Adjustment
May Be Taken Into Account
(1) (2)
July
1, 1986 4% of September 1985
CPI
January
1, 1987 8% of September 1985 CPI,
less
the increase from September
1985
to March 1986
July
1, 1987 4% of September 1986
CPI
January
1, 1988 8% of September 1986 CPI,
less
the increase from September
1986
to March 1987
(ii)
If the increase in the BLS Consumer
Price Index from the base month of September 1985 to the measurement month of
March 1986, exceeds 4% of the September base index, the measurement period
which will be used for determining the cost-of-living adjustment to be
effective the following January will be the twelve-month period from such base
month of September; the increase in the index which will be taken into account
will be limited to that portion of increase which is in excess of 4% of such
September base index, and the maximum increase in that portion of the index
which may be taken into account will be 8% of such September base index less
the 4% mentioned in the preceding clause, to which will be added any residual
tenths of points which had been dropped under paragraph (1) below in
calculation of the cost-of-living adjustment which will have become effective
October 1 during such measurement period.
(iii)
Any increase in the BLS Consumer Price
Index from the base month of September of one year to the measurement month of
September of the following year in excess of 8% of the September base month
index, will not be taken into account in the determination of subsequent
cost-of-living adjustments.
f. Formula. The number of points change in the BLS Consumer
Price Index during a measurement period, as limited by paragraph (e) above,
will be converted into cents on the basis of one cent equals 0.3 full
points. (By “0.3 full points” it is
intended that any remainder of 0.1 point or 0.2 point of change after the
conversion will not be counted).
The cost-of-living allowance
in effect on June 30, 1986, will be adjusted (increased or decreased) effective
July 1, 1986, by the whole number of cents produced by dividing by 0.3 the
number of points (including tenths of points) change, as limited by paragraph
(e) above, in the BLS Consumer Price Index during the measurement period from
the base month of September 1985 to the measurement month of March 1986. Any residual tenths of a point resulting
from such division will be dropped. The
result of such division will be added to the amount of the cost-of-living allowance
in effect on June 30, 1986, if the Consumer Price Index will have been higher
at the end than at the beginning of the measurement period, and subtracted
therefrom only if the index will have been lower at the end than at the
beginning of the measurement period and then, only, to the extent that the
allowance remains at zero or above.
The same procedure will be
followed in applying subsequent adjustments.
g. Offsets. The amounts calculated in accordance with the
formula set forth in paragraph (f) will be offset by the increases provided for
in Article I of this Agreement as applied on an annual basis against a starting
rate of $12.92 per hour. This will
result in the cost of living increases, if any, being subject to the
limitations herein described:
(i) Any increase to be paid effective July
1,1986, is limited to that in excess of 19 cents per hour.
(ii)
The combined increases, if any, to be
paid as a result of the adjustments effective July 1, 1986, and January 1,
1987, are limited to those in excess of 48 cents per hour.
(iii)
Any increase to be paid effective July
1, 1987, is limited to that in excess of 20 cents per hour.
(iv)
The combined increases, if any, to be
paid as a result of the adjustments effective July 1, 1987, and January 1,
1988, are limited to those in excess of 51 cents per hour.
h. Continuance of the cost-of-living adjustments is dependent upon
the availability of the official monthly BLS Consumer Price Index (CPI-W)
calculated on the same basis as such Index, except that, if the Bureau of Labor
Statistics, U.S. Department of Labor, should during the effective period of
this Agreement revise or change the methods or basic data used in calculating
the BLS Consumer Price Index in such a way as to affect the direct
comparability of such revised or changed index with the CPI-W Index during a
measurement period, then that Bureau shall be requested to furnish a conversion
factor designed to adjust the newly revised index to the basis of the CPI-W
Index during such measurement period.
Section 2—Application of Cost-of-Living Adjustments
In application of the
cost-of-living adjustments provided for in Section 1 of this Article II, the
cost of living allowance will not become part of basic rates of pay except as
provided in Section 1(d). In the application
of such allowance, each one cent per hour of cost-of-living allowance will be
treated as an increase of 8 cents in the basic daily rates of pay produced by
application of Article I and by Section 1(d) of this Article II. The cost-of-living allowance will otherwise
be applied in keeping with the provisions of Section 7 of Article I.
ARTICLE III—RATE
PROGRESSION—NEW HIRES
In any class of service or
job classification, rates of pay, additives, and other applicable elements of
compensation for an employee in the service covered by this Agreement whose
seniority in engine or train service is established on or after the date of
this Agreement, will be 75% of the rate for present employees and will increase
in increments of five percentage points for each year of active service in
engine and/or train service until the new employee’s rate is equal to that of
present employees. A year of active
service shall consist of a period of 365 calendar days in which the employee
performs a total of 80 or more tours of duty. Letter No. 8 to the October 26,
1982, Agreement will not apply to employees while being paid under this
Article.
NOTE:
1. This Article does not apply to
applicants for Amtrak employment in the respective Off-Corridor work zone application
pools for the train and engine service crafts.
In addition, this Article will not apply to train and engine service
employees hired from other railroads in future assumptions of service.
ARTICLE IV—LUMP SUM PAYMENT
A lump sum payment,
calculated as described below, will be paid to each employee subject to this
Agreement who established an employment relationship prior to the date of this
Agreement and has retained that relationship or has retired or died.
Employees with 2,150 or more
straight time hours paid for (not including any such hours reported to the
Interstate Commerce Commission as constructive allowances except vacations and
holidays) during the period July 1, 1984 through July 31, 1985 will be paid
$565.00. Those employees with fewer
straight time hours paid for will be paid an amount derived by multiplying
$565.00 by the number of straight time hours (including vacations and holidays,
as described above) paid for during that period divided by 2,150.
There shall be no
duplication of lump-sum payments by virtue of employment under an agreement
with another organization and/or another railroad.
ARTICLE V—DEADHEADING
Rule 10(b) of the Rules
Agreement dated October 26, 1982, is amended to read as follows for all
employees hired on or after the effective date of this agreement, into the
service covered by this Agreement, except as provided in the Note, below:
“(2)—For new employees when
deadheading is paid for separate and apart from service, compensation on a
minute basis, at the basic rate applicable to the class of service in
connection with which deadheading is performed, shall be allowed. However, if service after deadheading to a
Crew Base other than the employees home Crew Base does not begin within sixteen
(16) hours after completion of deadhead, a minimum of a basic day at such rate
will be paid. If deadheading from
service at a Crew Base other than the employee’s home Crew Base does not
commence within sixteen (16) hours of completion of service, a minimum of a
basic day at such rate will be paid. A minimum of a basic day also will be
allowed where two separate deadhead trips, the second of which is out of a Crew
Base other than the home Crew Base, are made with no intervening service
performed. Non-service payments such as
held-away-from-home Crew Base allowance will count toward the minimum of a
basic day provided in this paragraph. Deadheading will not be paid where not
paid under existing rules.”
NOTE:
1. The existing paragraph (b) of Rule 10
is modified to read as (b)(l) and will continue to apply to all employees whose
seniority in train or engine service precedes the date of this Agreement,
including applicants for Amtrak employment in the respective Off-Corridor work
zone application pools for the train and engine service crafts. In addition, this Article will not apply to
train and engine service employees hired from other railroads in future
assumptions of service.
ARTICLE VI—TERMINATION OF
SENIORITY
The seniority of any new
employee* whose seniority in engine or train service is established after the
effective date of this agreement and who is furloughed for 365 consecutive days
will be terminated if such employee has less than three (3) years of seniority. The 365 consecutive day period referenced
herein will not include any period in which an employee is furloughed from
Amtrak as a Passenger Engineer but working in train service or another engine
service craft for Amtrak.
*The term “new employee” as used in this Article
does not include those applicants for Amtrak employment in the respective work
zone application pools.
ARTICLE VII—MILITARY
TRAINING
When employees assigned to
regular and/or extra board positions who are members of the Reserves or
National Guard are required to be absent from work for the purpose of annual
summer training exercises, they shall be paid the actual time lost during their
regular workdays or workweeks (maximum of eight (8) hours’ pay at the straight
time rate of their positions for each day lost). Compensation received by the employees for other than meals,
lodging or transportation, shall be remitted to the Corporation. Such employees must furnish the Corporation
with a statement signed by their Commanding Officer for compensation paid and
the days on which such military training service was performed.
ARTICLE VIII—EXPENSES AWAY
FROM HOME
Effective August 1, 1985,
the meal allowance provided for in Rule 15 is increased from $3.85 to $4.15.
ARTICLE IX-EQUIVALENT
BENEFITS PROVIDED UNDER THE RAILROAD EMPLOYEES NATIONAL HEALTH AND WELFARE PLAN
The equivalent benefits
provided under Rule 28 will be continued, subject to any changes resulting from
the Arbitration Agreement dated May 19, 1986.
ARTICLE X—RULE MODIFICATION
The Rules Agreement dated
October 26, 1982, as modified by the December 23, 1985, Agreement, will be
amended as set forth in Appendix A hereto.
ARTICLE XI—GENERAL
PROVISIONS
a. The purpose of this Agreement is to fix the general level of
compensation during the period of the Agreement and is in full settlement of
the dispute growing out of the notices served to date upon the Carrier by the
Organization signatory hereto and the Carrier’s counterproposals which were
served for concurrent handling therewith.
b. The parties to this Agreement shall not serve nor progress prior
to June 1, 1988 (not to become effective before July 1, 1988), any notice of
proposal for changing any matter contained in this Agreement or in the
proposals of the parties identified in Section (a) of the Article and any
pending notices which propose such matters are withdrawn.
c. New proposals properly served under the Railway Labor Act
covering subject matters not specifically dealt with in this Agreement,
including the proposals referenced above, and which do not request compensation
may be progressed under the provisions of the Railway Labor Act, as amended.
d. This Article will not bar the parties from agreeing upon any
subject of mutual interest.
SIGNED AT WASHINGTON, DC THIS 2ND OF JUNE, 1988.
For
The Brotherhood Of For The National
Railroad
Locomotive Engineers Passenger
Corporation
______________________ _____________________
R.E.
Wiggins C.B. Thomas
Acting
General Chairman Senior Director-Labor
Relations
______________________ _____________________
G.R.
DeBolt J.M. Fagnani
Vice
President Director-Labor
Relations
APPENDIX “A”
1. Northeast
Corridor Only
Question and Answer No. 2 to
Rule 3—Seniority in the August 2,1983, Agreed upon Questions and Answers is
modified to provide the following answer:
“A2(a).
A Passenger Engineer is required to exercise
his NEC seniority to any position within the work zone in which found, except
that a Passenger Engineer at the Washington Crew Base will not be required to
exercise his seniority to the Harrisburg Crew Base or the New York Crew Base
prior to being furloughed; the same principle will apply to a Passenger
Engineer at the Harrisburg Crew Base with respect to the Washington and New
York Crew Bases and a Passenger Engineer at the New York Crew Base with respect
to the Harrisburg and Washington Crew Bases.
A Passenger Engineer who is required under this Question and Answer to
exercise his seniority to the Philadelphia Crew Base will not be required to
exercise his seniority to any other Crew Base prior to being furloughed, except
the Crew Base from which he exercised seniority.
(b). A
Passenger Engineer at the Boston Crew Base will not be required to exercise his
Seniority to the New York Crew Base prior to being furloughed; the same
principle will apply to a Passenger Engineer at the New York Crew Base with
respect to the Boston Crew Base. A
Passenger Engineer who is required under this Question and Answer to exercise
his seniority to the New Haven and/or Springfield Crew Bases will not be
required to exercise his seniority to any other Crew Base prior to being
furloughed, except the Crew Base from which he exercised seniority?
2. Northeast
Corridor Only
The Order Selection List
portion of the Northeast Corridor Seniority Roster will be modified to provide
a working roster which better represents the prior, prior right equity for
active employees:
(a). Passenger Engineers with prior, prior rights
who have been inactive, or where it is known they will be inactive for more
than thirty (30) days, due to disability, sickness, illness, suspension or
leave of absence will be removed from the working roster and the other active
prior, prior right Passenger Engineers will be moved up to fill in their equity
slots.
(b). Knowledge that a Passenger Engineer will be off
for thirty (30) or more days for disability, sickness, or illness will be
satisfied upon receipt of written notification to Trans-portation
Superintendent by a duly accredited representative or the Passenger Engineer,
stating the reason and anticipated duration.
(c). Adjustments to the working roster will be made
Monday at 12:01 AM following receipt of notification.
3. Paragraph (a) of Rule 8 is amended to include the following as a second paragraph:
“When a regular assignment
is annulled for more than one day, or when a regular assignment in other than
revenue passenger service is annulled more than one day in a workweek or is
annulled one day in each of two consecutive workweeks, not including holidays,
an employee holding the assignment may elect to remain on it or exercise
seniority to another assignment that has not been annulled?
4. Rule 6,
paragraph (i), will be amended to read:
“When no bids are received
for a regular assignment, such will be so designated on the award; the senior
Passenger Engineer in the same work zone who within seven (7) calendar days of
such award makes written application to be qualified and assigned will be
assigned the position and instructed, to qualify in accordance with Rule
16(c). Such Passenger Engineer may not
voluntarily exercise his seniority to another position for a period of four
months from the date fully qualified to work the assignment, unless entitled to
a displacement right pursuant to Rule 8 or is the successful applicant for a
position in the same geographic service.
In the event the employee’s assignment is readvertised incident to the
change of time, he will be required to bid on such assignment or on an
assignment in the same geographic service as his first choice. If no written application for voluntary
assignment is received, the assignment will be filled by the junior Passenger
Engineer on the extra board at the same crew base as the assignment that failed
for bid.”
NOTE:
Rule 6, paragraph (j), references the
force assignment of the junior Passenger Engineer and not any other Passenger
Engineer utilizing the newly amended language.
5.
Redesignate the
existing paragraph (a) of Rule 9—Guaranteed Extra Board to paragraph (a)(1) and
add a new paragraph (a)(2) as follows:
“(a)(2) Unless the needs of service dictate
otherwise, a Passenger Engineer assigned to an extra board may lay off for a
maximum of four (4) days per month, one day each week, without affecting his
weekly guarantee.”
Rule 9, new paragraph (j) will read:
“The Carrier will have the right to establish
positions which will be combination regular/extra board assign-ments. Such
positions will be advertised and awarded in accordance with Rule 6 with one
rest day. The position will be
guaranteed the money equivalent to forty (40) straight time hours per week.
NOTE: A Passenger Engineer on a combination
assign-ment will not be called for a vacancy or extra work if it will result in
the Passenger Engineer not being available for his regular assignment. It is understood the provisions of Rule 6(1)
will apply. This rule is not intended
to result in the reduction of regular assignments.”
Replace Agreed Upon Question and Answer No. 9 to Rule 9 with the
following:
“Q9. A duly accredited representative regardless
of craft as defined in Rule 1 of the Rules Agreement is assigned to an extra
board and requests to mark off to attend a conference with the carrier or to
represent another employee under this Agreement at an investi-gation. How will such action affect the duly
accredited representative’s status on the Extra Board?
A9. “The duly accredited representative will
maintain his relative standing on the extra board. Such action will not be considered as unavailability under Rule
9(b); however, any earnings lost or any payments made in accordance with Rule
34 or under policy determination will be charged against the money equivalent
of forty (40) straight-time hours for guarantee purposes. Payments made are not subject to the
overtime provisions of Rule 2(b) since they are not payments for service
performed.”
6. Add paragraph (a)(2) to Rule
13:
“A regular assigned employee who is displaced
from his assignment and no attempt was made to notify such employee at least
three (3) hours prior to reporting time of his assignment and such employee
reports for the assignment without being notified and is not permitted to work,
the displaced employee will be allowed the earnings of the assignment from which
displaced less any other earnings made on such calendar day. In the application of this Rule, an employee
may not physically displace onto an assignment less than six (6) hours prior to
the reporting time of the assignment.”
NOTE: The existing paragraph (a) will be
redesignated paragraph (a)(1).
7. Establish a new Rule—Rule 38—Relief Day Work:
(a). Employees on regular assignments who desire
to work on the relief day(s) of their assignments after the Extra Board at a
Crew base is exhausted shall so notify the Crew Dispatcher at least 24 hours
prior to the commencement of the relief days of his assignment. There shall be a separate relief day list at
any crew base where an Extra Board is established. An employee may mark up on the Relief Day List at the crew base
where his regular assignment starts and finishes.
(b). Employees who fail to accept a call when
contacted will not be allowed to mark up on the Relief Day list for thirty (30)
days.
(c). Employees marked up on such supplemental
board will be called in seniority order for the assignments they are qualified
to work. However, an employee will not be considered if he will be unavailable
due to the hours of service to work his regular assignment.
(d). Passenger Engineers called under this rule
will be paid at the time and one half rate, with a minimum of eight (8) hours,
provided he worked all the hours of his regular assignment in the same work
week.
8. Off-Corridor Only
Amend Rule 13—Calls to add the following
paragraph (c):
(c). If a Passenger Engineer on a regular
assignment in the Off-Corridor service is called in an emergency situation on a
day which he is not scheduled to work nor being held at other than his home
Crew Base, he will be paid for actual time worked at the time and one-half
rate, with a minimum of eight (8) hours, provided he works all the hours of his
regular assignment in the same work week, unless unable due to the emergency
call.
It is understood that when the guaranteed
extra board at a crew base is exhausted, this constitutes an emergency under
Rule 13.
9. Passenger Engineer involved in an accident
resulting in a loss of human life will be entitled to utilize a vacation day(s)
or holiday(s) for personal reasons related to the accident. For the purposes of this provision, the
Passenger Engineer will be allowed to take vacation in less than a one-week
segment. Nothing in this rule will
serve to modify the provisions of Rule 40(b) or (h) regarding payment for working
on a holiday.
10. Amend Letter No. 3,
paragraph (1) as follows:
“1) Regular assignments which contemplate a
combination of traditional road passenger work and traditional road freight
and/or yard work may be established. It is understood that the provisions of
Rule 6(1) will apply. The rule is not
intended to result in the reduction of regular assignments. To the extent practical, the present
grouping of traditional road passenger and traditional road freight and/or yard
crews will be maintained.”
Amtrak Letter No.
1
June 2, 1988
Mr. R. E. Wiggins, Acting General Chairman
Brotherhood of Locomotive Engineers
The Craddock Professional Building
146 Route 130
Bordentown, NJ 08505
Dear Mr. Wiggins:
This is in reference to our discussions
during the negotiation of the June 2, 1988, Agreement regarding Rule
16—Training, Qualifying and Examinations.
In the event the carrier establishes
assignments over new territory, the employees who are originally awarded
positions on such new assignments and employees assigned at that time to the
extra board protecting such assignments will be compensated for qualifying over
the new territory in accordance with Rule 16(c). It was also understood that such payment will only be made for
the number of days which the carrier deems necessary to obtain the territorial
qualifi-cation.
Please indicate your concurrence by affixing
your signature in the space provided below.
Very truly yours,
J.M. Fagnani
Director-Labor Relations
I CONCUR:
__________________ June 2, 1988
R.E.
Wiggins Date
Acting General Chairman
APPROVED:
__________________ June 2, 1988
G.R. DeBolt Date
Vice President
Amtrak Letter No. 2
June 2, 1988
Mr R E Wiggins, Acting General Chairman
Brotherhood of Locomotive Engineers
The Craddock Professional Building
146 Route 130
Bordentown, NJ 08505
Dear Mr. Wiggins:
This is in reference to our discussions
regarding an optional displacement for Passenger Engineers and Passenger
Firemen in the Off-Corridor service.
During such discussions, it was agreed that
such employees will be afforded an optional displacement in accordance with the
following schedule:
Work Zone Month of Displacement
3 and 4 June and December
11 and 12 January and July
7 and 8 February and August
9 and 10 March and September
5 and 6 April and October
CS-1 May and November
Employees in each Work Zone may elect to make
such optional displacement to an assignment held by a junior employee or to an
assignment that is subject to or being advertised for bid, until the
advertisement for the assignment is closed.
The application for an optional displacement must be submitted in
writing by 12:00 noon on the first Monday of the months indicated above. The
optional displacement shall become effective at 12:01 a.m. the second Wednesday
thereafter. Except as noted below,
employees displaced as a result of this optional displacement shall be notified
as soon as possible and shall have twenty-four (24) hours from the time
notified to exercise seniority against a junior employee or to an assignment
subject to or being advertised for bid, until the advertisement is closed. All employees exercising displacement right
to another assignment as a result of this Agreement who are not fully qualified
on such assignments will not be permitted to occupy such assignments until
fully qualified. Additionally, the
incumbents of such assignments will not be considered displaced until the
displacing employees fulfill such qualifying requirements. Employees who exercise seniority to
assignments subject to or being advertised shall be considered an automatic
bidder for such assignment.
Please indicate your concurrence by affixing
your signature in the space provided below.
Very truly yours,
J.M. Fagnani
Director—Labor Relations
I CONCUR:
___________________ June 2, 1988
R.E. Wiggins Date
Acting General Chairman
APPROVED:
June 2,
1988
G.R. DeBolt Date
Amtrak Letter No. 3
June 2, 1988
Mr. R. E. Wiggins, Acting General Chairman
Brotherhood of Locomotive Engineers
The Craddock Professional Building
146 Route 130
Bordentown, NJ 08505
Dear Mr. Wiggins:
This is in reference to our discussion
regarding the application of vacation payments in the computation of the weekly
extra board guarantee payment.
During our discussion, it was agreed that
extra board guarantees would not be broken during such period of time that an
employee is assigned to vacation status.
It was further understood that all vacation monies earned during the
weekly extra board period would be applied to compute the money equivalent of
forty (40) straight-time hours for the purpose of determining extra board
guarantee payments.
Please indicate your concurrence by affixing
your signature in the space provided below.
Very truly yours,
J.M. Fagnani
Director—Labor Relations
I CONCUR:
___________________ June 2, 1988
R.E. Wiggins Date
Acting General Chairman
APPROVED:
June 2, 1988
G.R. DeBolt Date
Amtrak Letter No. 4
June 2, 1988
Mr. R. E. Wiggins, Acting General Chairman
Brotherhood of Locomotive Engineers
The Craddock Professional Building
146 Route 130
Bordentown, NJ 08505
Dear Mr. Wiggins:
This is in reference to our discussions
during the negotiation of the June 2, 1988 Agreement.
It was agreed that the amended Rule 9 will
not be placed into effect for a three (3) month period.
Please indicate your concurrence by affixing
your signature in the space provided below.
Very truly yours,
J.M. Fagnani
Director—Labor Relations
I CONCUR:
___________________ June 2, 1988
R.E. Wiggins Date
Acting General Chairman
APPROVED:
__________________ June 2, 1988
G.R. DeBolt Date
AGREEMENT ENTERED INTO THIS 2ND DAY OF JUNE 1988,
BETWEEN THE NATIONAL RAILROAD PASSENGER CORPORATION AND ITS PASSENGER ENGINEERS
REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
A. Passenger Engineers in Work Zones 1 and 2 on the effective date
of this Agreement will be placed on the Amtrak Passenger Engineer national
seniority roster in accordance with Article IV.B. of the December 23, 1985,
Agreement and Work Zones 1 and 2 will be added to the existing work zones
covered by the national seniority roster.
B.
1. The
Work Zone 1 and 2 Passenger Engineers granted seniority in accordance with A,
above, will only be able to utilize such in accordance with Article IV.C.1 of
the December 23, 1985, Agreement while they are in active service as a
Passenger Engineer with Amtrak.
1.
Work Zone 1 and
2 Passenger Engineers voluntarily exercising their seniority to Conrail
pursuant to the Section 1165 Agreement will forfeit their seniority granted in
A, above; furloughed Passenger Engineers in active service with Conrail
pursuant to the Section 1165 Agreement must accept recall or forfeit seniority
on the national seniority roster.
3. All new employees, including employees
transferring to Amtrak pursuant to the Section 1165 Agreement, will receive
seniority on the national seniority roster based on the date they report to the
medical examiner in accor-dance with Article IV.C.2 or, in the case of Section
1165 Agreement transferees, on the flow date on which they transferred to
Amtrak. This provision will also apply to former Amtrak employees who forfeited
their national senior-ity rights pursuant to B2, above.
C.
The Passenger Engineers on the Northeast Corridor roster on the
effective date of this Agreement and Passenger Engineers flowing to Amtrak
pursuant to the Section 1165 Agreement will have prior rights to the Northeast
Corridor service and their respective work zones for the purposes of this
Agreement and the December 23, 1985, Agreement.
SIGNED AT WASHINGTON, DC THIS 2ND DAY OF JUNE,1988.
FOR THE
BROTHERHOOD OF FOR THE NATIONAL
RAILROAD
LOCOMOTIVE ENGINEERS PASSENGER CORPORATION
______________________ _____________________
G.R. DeBolt C.B.
Thomas
Vice President Senior Director—Labor Relations
______________________ _____________________
R.E. Wiggins J.M. Fagnani
Acting General
Chairman Director—Labor
Relations
AGREEMENT MADE THIS 2ND DAY OF JUNE, 1988, BY AND
BETWEEN THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS ENGINE
ATTENDANTS IN THE NORTHEAST CORRIDOR SERVICE REPRESENTED BY THE BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
1. The purpose of the agreement is to fix the general level of
compensation during the period of the agreement and is in full settlement of
the dispute growing out of the notices served upon Amtrak in behalf of Engine
Attendants.
2. The parties agree the following provisions of the Passenge
Engineer settlement dated June 2, 1988:
Article I - General Wage Increases
Article II - Cost-Of-Living Adjustment
Article III - Rate Progression—New Hires
Article IV - Lump Sum Payment
Article VI - Termination of Seniority
Article VII - Military Training
Article VIII - Expenses Away
From Home
Article IX - Health and Welfare
Article XI - General Provisions
For
The Brotherhood Of For the National
Railroad
Locomotive Engineers Passenger Corporation
FOR
THE BROTHERHOOD OF
LOCOMOTIVE
ENGINEERS
____________________ ____________________
R.E.
Wiggins C.B. Thomas
Acting
General Chairman Senior
Director-Labor
Relations
____________________
J.M. Fagnani
APPROVED: Director-Labor
Relations
___________________
G.R. DeBolt
Vice President
Engine Attendants (Northeast Corridor)
(1) The craft or class of
Engine Attendant, hereinafter referred to as Apprentice Engineer, shall be
eliminated through attrition except to the extent necessary to provide a source
of supply for Passenger Engineer positions or to fill designated Apprentice
Engineer positions as deemed necessary by the carrier.
(2) Apprentice Engineers
whose seniority as such was established prior to January 1, 1988, will have the
right to exercise such seniority subject to the following exceptions:
(1)
when required
to fulfill experience requirements for promotion or engaged in a scheduled
training program;
(2)
when required
to fill Passenger Engineer vacancies or assignments;
(3)
in the event
they exercise their seniority to Conrail pursuant to the Section 1165 Agreement
dated December 3, 1982.
This will not preclude the carrier from
requiring Apprentice Engineers to maintain proficiency as an engineer and
familiarity with operations and territories by working specific assignments.
(3)
Rule 2 of the December 3, 1982, Agreement will be eliminated with the
understanding that the work enumerated therein may be performed by Apprentice
Engineers; however, such work does not accrue exclusively to such craft. It is also expressly recognized that
employees assigned to road or yard crews may continue to handle engines within
Crew Base limits.
The carrier may discontinue using Apprentice
Engineers provided it does not result in the furlough of an Apprentice Engineer
who established seniority as such prior to January 1, 1988.
(4)
When there is a need for additional Passenger Engineers in the Northeast
Corridor, Apprentice Engineers who are qualified locomotive engineers will be
promoted to Passenger Engineers on the basis of their seniority on the
Apprentice Engineer roster. Such
employees will be given a Passenger Engineer seniority date in accordance with
Rule 3(c) of the Passenger Engineer Rules Agreement. An Apprentice Engineer who fails to accept promotion to a
Passenger Engineer under this rule will forfeit all engine service seniority,
except that an employee will not be required to accept promotion beyond the
limits set forth in Amended Question and Answer No. 2 to Rule 3 of the October
26, 1982, Passenger Engineer Agreement.
In the event that there is a need for a
Passenger Engineer in an emergency situation, the senior qualified Apprentice
Engineer at the location may be called for such position and will be
compensated at the Passenger Engineer rate of pay. In addition, the Apprentice Engineer will receive an additional
four (4) hours pay with the understanding that no claims will be entertained from
Passenger Engineers based on the use of the Apprentice Engineer. The four (4) hour payment provided herein
will not be included in the calculation of the overtime.
(5)
Consistent with the requirements of service Apprentice Engineers who are
not promoted locomotive engin-eers will be afforded training as Passenger
Engineers in order of their standing on the Apprentice Engineer roster. Upon
successful completion of training, such Apprentice Engineers will be promoted
in accordance with paragraph (4) above.
An Apprentice Engineer who is unable to pass
the Passenger Engineer promotion examination on the first attempt will be
dropped to the bottom of the Apprentice Engineer seniority roster and be given
a second opportunity to pass within thirty (30) days. If he fails on the second opportunity he will be given a third
opportunity within thirty (30) days. If
the Apprentice Engineer fails on his third attempt, he will forfeit his
Apprentice Engineer seniority; however, he may be offered other available positions
at Amtrak for which he is qualified.
(6)
Apprentice Engineers will continue to be covered by the terms of the
December 3, 1982, Engine Attendant Agreement, as amended above. However, the parties agree to meet for the
purpose of attempting to include appropriate revisions in the October 26,1982,
Passenger Engineer Agreement to cover Apprentice Engineers.
SIGNED AT WASHINGTON, DC THIS 2ND DAY OF JUNE 1988.
FOR THE
BROTHERHOOD OF FOR THE NATIONAL
RAILROAD
LOCOMOTIVE ENGINEERS PASSENGER CORPORATION
_______________________ _______________________
R.E. Wiggins C. B.
Thomas
Acting General
Chairman Senior Director-Labor
Relations
_______________________ _______________________
G.R. DeBolt J.M. Fagnani
Vice President Director-Labor Relations
June 2, 1988
Mr. R. E. Wiggins, Acting General Chairman
Brotherhood of Locomotive Engineers
The Craddock Professional Building
146 Route 130
Bordentown, NJ 08505
Dear Mr. Wiggins:
This is in reference to the agreement reached
this date regarding Engine Attendants (Apprentice Engineers) in the Northeast
Corridor.
In particular, we discussed paragraph (5) of
the agreement regarding certain former Conrail employees who are not promoted
locomotive engineers. It was agreed
that the following individuals will be given the option of accepting a
promotion to Passenger Engineer or to remain as Apprentice Engineers:
A. C. Anderson R. C. Montanaro
F. A. Calello E. E. Pettiford
T. A. Calello S. B. Thacker
D. J. McHugh
It was understood that this option must be
exercised prior to entering training.
If any of these individuals opt to accept training, they will be subject
to the terms of paragraph (5) of the agreement.
Please indicate your concurrence by affixing
your signature in the space provided below, returning one copy of this letter
for our file.
Very truly yours,
J.M. Fagnani
Director—Labor Relations
I CONCUR:
___________________ June 2, 1988
R.E. Wiggins Date
Acting General Chairman
APPROVED:
June 2, 1988
G.R. DeBolt Date
Engine Attendants (Chicago)
(1)
The work presently recognized as hostling work at Chicago which is
currently being performed by Engine Attendants may continue to be performed by
such craft or class; however, this work does not accrue exclusively to such
craft or class. The carrier may
discontinue using Engine Attendants provided it does not result in the furlough
of an employee working as an Engine Attendant in Chicago as of the date of this
Agreement, hereinafter referred to as present employees.
(2)
Present employees will continue to have rights to Engine Attendant
positions except under the following circumstances:
1)
if able to hold
a Passenger Fireman position in the Chicago Crew Base (any Work Zone);
2)
when required
to fill Passenger Engineer vacancies or assignments;
3)
when
voluntarily exercising seniority to a Passenger Fireman position at another
Crew Base.
This will not preclude the carrier from
requiring Engine Attendants to maintain proficiency as an engineer and
familiarity with operations and territories by working specific assignments.
SIGNED AT WASHINGTON, DC THIS 2ND DAY OF JUNE, 1988.
For The
Brotherhood Of For The National
Railroad
Locomotive Engineers Passenger Corporation
_______________________ _______________________
R.E. Wiggins C.
B. Thomas
Acting General
Chairman Senior Director-Labor
Relations
_______________________ _______________________
G.R. DeBolt J.M. Fagnani
Vice President Director-Labor Relations
June 2, 1988
Mr. R. E. Wiggins, Acting General Chairman
Brotherhood of Locomotive Engineers
The Craddock Professional Building
146 Route 130
Bordentown, NJ 08505
Dear Mr. Wiggins:
This will confirm our understanding in regard
to the Agreement reached this date governing wages, rules and working
conditions for the Passenger Engineers employed in the Off-Corridor Service.
The above referenced agreement supersedes and
voids the January 10, 1986, Agreement for the Off-Corridor Service through
which the parties had previously agreed to adopt the agreement/settlement
reached as a result of the Northeast Corridor negotiations.
If the foregoing correctly sets forth our
understanding please indicate your concurrence by affixing your signature in the
space provided below.
Very truly yours,
J.M. Fagnani
Director—Labor Relations
I CONCUR:
___________________ June 2, 1988
R.E. Wiggins Date
Acting General Chairman
APPROVED:
___________________ June 2, 1988
G.R. DeBolt Date
Vice President