AGREEMENT MADE THIS 4th DAY OF NOVEMBER, 1992, BETWEEN
THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) AND ITS EMPLOYEES
REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
In recognition of the working relationship between
passenger engineers and assistant passenger engineers and the benefits of
having a single agreement applicable to the craft of locomotive engineers;
IT IS AGREED:
I. The October
26, 1982, passenger engineer rules Agreement, as amended by the December 23,
1985, memorandum of understanding, and the Agreed Upon Questions and Answers
related thereto, as well as applicable letter agreements, shall apply to
Assistant Passenger Engineers.
II. Add the
following paragraph to Rule 1(a):
“This Agreement will also apply to the work or service
of transporting passengers performed by Assistant Passenger Engineers engaged
in the operations of trains in Off—Corridor service. Assistant Passenger
Engineers will be used on selected assignments in accordance with this
Agreement and must be qualified to operate as a Passenger Engineer. Assistant
Passenger Engineers will only be assigned to regular road passenger trains
which are scheduled to operate four or more hours from the initial station of
the assignment to the final station or turnaround station of the assignment.
Such positions will be regarded as “must fill” positions.”
3.
The following
Rules shall be amended as outlined below and shall be applicable to Passenger
Engineers and Assistant Passenger Engineers:
A. Effective
with the implementation of the Automated Bid System, amend Rule 6 — Bulletin
and Assignment, as follows:
a.1. (Northeast Corridor)
New assignments, assignments subject to
readver-tisement, extra hoard positions and vacancies will be advertised every
Wednesday. The advertising period will close 11:59 p.m. the following Saturday,
and assignments will be made effective 12:01 a.m. the fol-lowing Thursday.
a.2. (Off Corridor)
New assignments, assignments subject to
readver-tisement, extra board positions and vacancies will be advertised every
Wednesday. The advertising period will close 11:59 p.m. the following Saturday,
and assignments will be made effective 12:01 a.m. the following Wednesday.
NOTE: It is understood that the advertising and award period is based on the
extra board work week and payroll period in the respective services, as well as
the program requirements of the automated system. In the event of a change in
any of these variables, the carrier shall notify the organization at least ten
(10) days in advance of any change which may be necessary in the bid and award
process.
h. Assignments
will be made to employees in
seniority order from bids submitted through
an automated system prior to the close of an advertisement period. Employees
will be given a receipt number for bids submitted though such automated system.
B. Rule
7 — Reducing And Increasing Forces.
d. Furloughed Passenger Engineers or
Assistant Passenger Engineers who fail to return to service within 15 calendar
days after being notified in accordance with paragraph “c” of this Rule will be
considered as having resigned, unless they present sufficient proof that
circumstances beyond their control prevented their return.
C. Rule
9 — Guaranteed Extra Board.
b.
Except as provided in this paragraph, Passenger Engineers assigned to an
extra board will be called first in, first out, as registered on the extra
board. Passenger Engineers assigned to an extra hoard must be qualified to work
any assignments which the extra board protects.
Vacancies of 5 or more days may be filled by
the senior passenger engineer assigned to the extra board requesting such
vacancy. A passenger engineer assigned to a vacancy under this paragraph will
remain on the assignment for the duration of the vacancy. If such assignment
results in a passenger engineer not being afforded his assigned rest day nor a
rest day on the vacancy to which assigned, he shall be granted a rest day,
consistent with the requirements of service, upon conclusion of the vacancy.
Notwithstanding any other provision of this agreement, passenger engineers
requesting to fill vacancies under this paragraph will be compensated at the
straight time rate for the first eight hours worked on each day of such
vacancy.
D. Rule
20 — Time Limit On Claims.
e. A claim for compensation, properly
submitted, which has been denied, will be considered closed unless the Local
Chairman, within 60 days from the date of denial, lists the claim in writing
for discussion with the designated Labor Relations officer. When a claim for
compensation is denied following such discussion, the Labor Relations officer
will notify the Local Chairman in writing within 60 days from the date of such
discussion. When not so notified, the claim will be allowed as presented, but
such payment will not validate any other such claims nor will such payment
establish any precedent.
f. A claim for compensation denied in
accordance with paragraph “e” above, will be considered closed unless, within
60 days from the date of the denial, the Local Chairman presents a written
request to the Labor Relations officer for a Joint Sub-mission.
A Joint Submission will consist of a Subject
which will be the claim as submitted to the Labor Relations officer, a Joint
Statement of Agreed Upon Facts, a Position of Employees and a Position of the
Corporation.
If the parties are unable to agree upon a
Joint Statement of Agreed Upon Facts, the Local Chairman may progress the claim
as an Ex Parte Submission. An Ex Parte Submission will consist of a Subject
which will be the claim as submitted to the Labor Relations officer, a
Statement of Facts and a Position of the Employees.
g.1. When a Local Chairman makes a request
for a Joint Submission, he will prepare a proposed Joint Statement of Facts
together with the Position of the Employees and submit it to the Labor
Relations officer. If the proposed Joint Statement of Facts meets with the approval
of the Labor Relations officer, the Labor Relations officer will complete the
Joint Submission within 60 days from the date of receipt of the proposed Joint
Statement of Agreed Upon Facts, by including the Position of the Corporation.
Three copies of the completed Joint Submission will be furnished to the Local
Chairman. Failure to complete the Joint Submission within the time limit set
forth, the specific claim will be allowed as presented, but such payment will
not validate any other such claims nor will such payment establish any
precedent.
2. If
the proposed Joint Statement of Facts does not meet with the approval of the
Labor Relations officer, the Labor Relations officer will submit a revised
proposed Joint Statement of Agreed Upon Facts to the Local Chairman. If the
Local Chairman agrees with the revised proposed Joint Statement of Facts, he
will notify the Labor Relations officer accordingly. The Labor Relations
officer will complete the Joint Submission within 60 days from the date of
receipt of the approval of the Joint Statement of Agreed Upon Facts, by
including the Position of the Corporation, and furnish three copies of the
completed Joint Submission to the Local Chairman. Failure to complete the Joint
Submission within the time limit set forth, the specific claim will be allowed
as presented, but such payment will not validate any other such claims nor will
such payment establish any precedent.
3. If
the Local Chairman does not agree with the proposed revised Statement of Facts
submitted to him by the Labor Relations officer and the claim is to he
progressed as an Ex Parte Submission, the Local Chairman will so notify the
Labor Relations officer in writing within 15 days from the date the Labor
Relations officer forwarded the proposed revised Statement of Facts to the
Local Chairman. The Local Chairman will complete and submit three copies of the
Ex Parte Submission to the Labor Relations officer within 30 days from the date
of his notification to the Labor Relations officer of his intent to progress an
Ex Parte Submission. Failure to complete the Ex Parte Submission within the
time limit set forth herein, the claim will be considered closed.
h. The General Chairman will have 60 days
from the date on which the Joint Submission or Ex Parte Submission is completed
in which to list the claim, in writing, with the highest appeals officer, for
discussion. If the claim is not listed within 60 days from the date the
submission is completed, the claim will be considered closed.
When a claim for compensation properly
progressed in accordance with this Rule is not allowed following discussion
between the General Chairman and the highest appeals officer, the highest
appeals officer will notify the General Chairman of his decision, in writing,
within 90 days from the date of such discussion. When not so notified, the
claim will be allowed as presented, but such payment will not validate any
other such claims nor will such payment establish any precedent.
The existing paragraphs “h”, “i” and “j” are
redesignated as paragraphs “i”, “j” and “k”, respectively.
IV. Auto
Train
A. The
passenger engineer rules agreement dated October 26, 1982, as amended by the
December 23, 1985, memorandum of understanding, will be applied to the Auto
Train service.
B. Auto
Train work zone A and B engine service employees will be placed on the bottom
of the work zone 5 and 6 passenger engineer roster, respectively, but will
retain prior rights to regular assignments in the Auto Train service in their
respective work zones.
V. Locomotive Engineer Training
The Memorandum of Agreement attached as
Appendix ‘A’ to this agreement shall
be adopted and made a part of the
Agreement.
SIGNED AT PHILADELPHIA, PENNSYLVANIA THIS 4th
DAY OF NOVEMBER, 1992.
FOR THE BROTHERHOOD OF FOR THE NATIONAL RAILROAD
LOCOMOTIVE ENGINEERS PASSENGER CORPORATION
_____________________ _____________________
R.E. Wiggins C. B. Thomas
General Chairman Senior Director
Labor Relations
_____________________
J.M. Fagnani
Director-Labor Relations
APPENDIX ‘A’
MEMORANDUM OF AGREEMENT
DATED NOVEMBER 4, 1992, BY AND BETWEEN THE NATIONAL RAILROAD PASSENGER
CORPORATION (AMTRAK) AND THE EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF
LOCOMOTIVE ENGINEERS.
It is in the parties best
interest to maintain a training program to facilitate the training, qualifying,
and promotion of engine service trainees, to be certified as locomotive
engineers in accordance with the terms of the Agreement. The parties agree to
cooperate so that this program will produce the highest caliber locomotive
engineers in an efficient, safe, and productive learning environment.
The following provisions are
applicable to this engineer training program:
4.
A. Amtrak will reimburse trainees for actual,
reason-able and necessary travel, lodging and meal ex-penses while engaged in
orientation, classroom instruction, or on-the—job training at locations other
than their assigned crew base.
1.
While engaged
in this program, trainees will be compensated at the hourly rate of $12.00 with
a minimum of eight hours per day. During the on-the-job training phase of the
program, trainees shall receive lodging or suitable allowance in lieu thereof,
and meal allowances and held time as provided under the applicable rules
agreement.
II. Upon
successful completion of the training program, trainees will be certified as
qualified engine service employees and shall be accorded a seniority date as
provided in the June 7, 1990, letter of agreement. Such fully qualified
employees will be entitled to exercise their engine service seniority in
accordance with the applicable rules.
III. While
assigned to the training program, a trainee will not be used in other service
prior to completion of the program.
IV. A. The training program will consist of classroom
instruction, simulator handling and work
experience as determined by Amtrak.
B. During
the classroom instruction phase of the
program, trainees will be given final
examinations on air brake, operating/safety rules and locomotive equipment and
must achieve a minimum passing grade.
If the trainee fails one of these
examinations, he will retake the examination within seven calendar days. If the
trainee fails to pass a second examination, he will be terminated from the
program in accordance with Article VI of this agreement.
C. Initial
sessions on the simulator will be graded on a pass/fail basis. Satisfactory
performance on the simulator will be required for advancement to the on—the-job
training phase of the program.
V. A. Passenger engineers will be selected by the
designated transportation officer in consultation with the union representative
at each location, to train candidates, if applicable, on both diesel and
electric locomotives, in yard, work, conventional passenger and metroliner
service, and during day and night operations. Amtrak will make the final
selection based on FRA guidelines and other criteria such as personal safety
and operating rule record, locomotive engineer evaluations and supervisory
input. Subject to paragraph (13), below, the selected passenger engineer will
be required to give the trainee the necessary experience at the controls
(throttle time) and will fill out any necessary evaluation reports of the
trainee. For these services the passenger engineer will be paid $10.00 per day
or trip in addition to all other earnings for each trip or tour of duty.
B. Passenger
engineers selected to participate will be required to attend an orientation
session to explain what is expected of them in the way of monitoring,
evaluating and reporting the progress of a trainee. While attending
orientation, passen-ger engineers will he paid in accordance with Rule 16.
C. Passenger
engineers used in the on—the—job training are responsible for the operation of
their train in compliance with all operating rules and the proper instruction
and evaluation of trainees. However, while trainees are operating, such passenger
engineer will not be held responsible for problems or delays encountered as a
result of the following:
Station stops — stopping short or long of platforms;
Ride quality — rough ride resulting from trainee’s
handling of equipment;
Penalty applications — delays resulting from trainee’s delay in
responding to alerter, automatic train control or cab signal changes;
Train handling delays — loss of time into or out of speed
restrictions and loss of time in stops and starts.
D. At
the end of the on—the—job training phase of the program, the trainee will be
given a final examination on the simulator which he must achieve a minimum
passing grade in order to be certified as a qualified engineer.
VI. Failing
to complete any phase of the training program, including on the job training,
in accordance with the terms of this agreement or failure to pass a final
examination on the second attempt will result in termination from the training
program. If a trainee is unable to complete the training program due to sickness
or authorized leave of absence, he will not be regarded as having failed. The
decision as to whether the individual must start the program at the beginning
or at another point in the program will be made by the designated carrier
representative after consulting with the designated union representative.
NOTE: Prior to terminating a trainee
in accordance with this Article VI, the System General Road Foreman, or his
designee, will review the progress of the trainee.
VII. A. If the content or format of the training
program changes, the General Chairman will be advised prior to such change. The
General Chairman will also be supplied with the name of each trainee, with the
date his training commences and the date of his certification, if he
successfully completes the program.
B. In
furtherance of the parties commitment to maintain a quality training program, a
standing committee of six members, three from the company, and three from the
union, will meet periodically to study the program and make recommendations for
improvements as appropriate.
November 4, 1992
Mr. R. E. Wiggins, General Chairman
Brotherhood of Locomotive Engineers
523 Route 38, Suite 102
Cherry Hill, NJ 08002—2948
Dear Mr. Wiggins:
This confirms our understanding with respect
to the negotiation of the agreement signed on November 4, 1992.
In the application of paragraph A of Article
IV — Auto Train, of the November 4, 1992, agreement, it is understood that the
existing Assistant Passenger Engineer rate shall remain in effect for employees
with prior rights in Auto Train service.
If the above properly reflects our
understanding, please sign below.
Very truly yours,
J.M. Fagnani
Director-Labor Relations
I Concur:
_________________
R.E. Wiggins
General Chairman
November 4, 1992
Mr. R. E. Wiggins, General Chairman
Brotherhood of Locomotive Engineers
523 Route 38, Suite 102
Cherry Hill, NJ 08002—2948
Dear Mr. Wiggins:
This refers to our negotiations of Article IV
— Auto Train, of the November 4, 1992, agreement.
It was understood that as long as the Auto
Train terminates at Sanford, Florida and Amtrak maintains an extra list at that
location, existing Auto Train employees will not be required to exercise
seniority to Jacksonville, Florida in the event they are unable to hold an
assignment in engine service at Sanford.
If the above properly reflects our
understanding, please sign below.
Very truly yours,
J.M. Fagnani
Director-Labor Relations
I Concur:
__________________________________ 11/4/92
R.E. Wiggins, General Chairman BLE Date
NMB CASE NO. A-12290
AGREEMENT
This agreement, is by and
between the NATIONAL RAILROAD PASSENGER CORPORATION and its employees
represented by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS.
ARTICLE I — WAGES
SECTION 1 — LUMP SUM PAYMENT
(a) Each employee subject to
this agreement who rendered compensated service on a sufficient number of days
during the calendar year 1990 to qualify for an annual vacation in the calendar
year 1991 will be paid $2,000 within 60 days of the date of this agreement.
Those employees who rendered compensated service on an insufficient number of
days during the calendar year 1990 to qualify for an annual vacation in the
calendar year 1991 will be paid a proportional share of that amount. This
section shall he applicable solely to those employees subject to this agreement
who have an employment relationship as of the date of this agreement or who
have retired or died subsequent to January 1, 1990. There shall be no
duplication of lump sum payments by virtue of employment under an agreement
with another organization and/or carrier.
(b) In the case of an employee who was recalled
from reserve status and performed active military service during 1990 as a
result of the Persian Gulf crisis, such employee will be credited with 5 days
of compensated service for each week of such military service for purposes of
calculating eligibility for the lump sum amount provided he would otherwise
have been in active service for the carrier.
SECTION 2 — FIRST GENERAL
WAGE INCREASE
Effective on the date of
this agreement, all hourly rates of pay in effect on the day preceding the date
of this agreement, for employees covered by this agreement, will be increased
in the amount of five (5) percent.
(1)
Disposition of
Fractions
Rates of pay resulting from the application
of this section which end in a fraction of a cent will be rounded to the
nearest whole cent, fractions less than one—half cent will be dropped, and
fractions of one—half cent or more will he increased to the nearest full cent.
(b) Application
of Wage Increase
The increase in wages provided for in this
section will be applied in accordance with the wage or working conditions
agreement in effect. Special allowances not included in fixed rates and
arbitraries representing duplicate time payments will not be increased.
SECTION 3 — SECOND GENERAL WAGE INCREASE
Effective October 1, 1992, all hourly rates
of pay in effect on September 30, 1992, for employees covered by this
agreement, will be increased in the amount of four (4) percent. The increase provided for in this section
will be applied in the same manner as provided in Section 2 above.
SECTION 4 — THIRD GENERAL WAGE INCREASE
Effective January 1, 1993, all hourly rates
of pay in effect on December 31, 1992, for employees covered by this agreement,
will be increased in the amount of two (2) percent. The increase will be
applied in the same manner as provided in Section 2 above.
SECTION 5 — FOURTH GENERAL WAGE INCREASE
Effective October 1, 1993, all hourly rates
of pay in effect on September 30, 1993, for employees covered by this agreement,
will be increased in the amount of three (3) percent. The increase will be
applied in the same manner as provided in Section 2 above.
SECTION 6 — FIFTH GENERAL WAGE INCREASE
Effective October 1, 1994, all hourly rates
of pay in effect on September 30, 1994, for employees covered by this
agreement, will be increased in the amount of four (4) percent. The increase
will be applied in the same manner as provided in Section 2 above.
SECTION 7 — SIXTH GENERAL WAGE INCREASE
Effective July 1, 1995, all hourly rates of
pay in effect on June 30, 1995, for employees covered by this agreement, will
be increased in the amount of two (2) percent.
The increase will be applied in the same manner as provided in Section 2
above.
ARTICLE II — COST OF LIVING PAYMENTS
The provisions of the agreement between the
National Carriers’ Conference Committee and the organization signatory hereto,
concerning costing-of-living allowance for the period after January 1, 1995,
are adopted.
ARTICLE - III — HEALTH & WELFARE
It is agreed that the benefit levels and
other health and welfare provisions, including, but not limited to, those
relating to eligibility, delivery of medical services, cost—sharing, and cost
containment, in the 1988 round of negotiations between the National Carriers’
Conference Committee and the signatory organization will be applicable to this
agreement except as provided below.
It is further understood that,
notwithstanding those provisions, Amtrak reserves its right consistent with the
Award of Special Board of Adjustment No. 1029 and consistent with the jointness
principles, Attachment “A”, that Amtrak may, with 90 days’ notice to the union,
pull out of GA—23000 and/or GA—46000, and select a substitute insurer or
self—insured system, provider, that the benefit levels thereunder are not
changed from those agreed to in those national negotiations (unless changed by
future collective bargaining between Amtrak and the BLE). Amtrak need not wait
for final). completion of the joint: administrative and trust details before
making the conversion.
It is further agreed that Amtrak employees
will contribute an amount towards health care costs equal to the amount paid by
employees under the national settlement. However, should Amtrak change
insurance carrier from that of the national agreement, the amount of employee
contribution for the cost of health care will be proportionately reduced based
on any comparative reduction of premiums achieved by Amtrak due to such a
change. It is understood that there will be no increase in employee
contributions beyond the amount provided under the national settlement, in the
event that Amtrak changes insurance carriers.
ARTICLE IV — AUTO TRAIN
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