Table of Contents
THIS AGREEMENT, made this 27th day of April, 1973, by and between the participating carriers listed in Exhibit A attached hereto and made a part hereof, and represented by the National Carriers' Conference Committee, and the employees of such carriers shown thereon and represented by the Brotherhood of Locomotive Engineers, witnesseth:
IT IS HEREBY AGREED:
ARTICLE I - GENERAL WAGE INCREASE
(a) Effective January 1, 1974, all standard basic daily rates of pay of employees represented by the Brotherhood of Locomotive Engineers in effect on December 31, 1973, shall be increased by an amount equal to 4.0%.
(b) Effective January 1, 1974, all standard mileage rates of pay of employees represented by Brotherhood of Locomotive Engineers in road service in effect on December 31, 1973 shall be increased by an amount equal to 4.0%.
(c) In computing the percentage increases under paragraphs (a) and (b) above, 4.0% shall be applied to standard basic daily rates of pay, and 4.0% shall be applied to standard mileage rates of pay, respectively, applicable in the following weight—on—drivers brackets, arid the amounts so produced shall be added to each standard basic daily or mileage rate of pay:
(d) Application of Wage Increase
(a) Existing basic daily and mileage rates of pay other than standard shall be increased, effective as of January 1, 1974, by the equivalent of 4.0%, computed and applied in the same manner.
(b) The differential of $4.00 per basic day in freight and yard service, and 4¢ per mile for miles in excess of 100 in freight service, will be maintained for engineers working without firemen on locomotives on which under the former National Diesel Agreement of 1950 firemen would have been required. Such differential will continue to be applied in the same manner as the local freight differential.
(c) Daily rates of pay, other than standard, of firemen employed in local freight service, or on road switchers, roustabout runs, mine runs, or in other miscellaneous service, on runs of 100 miles or less which are therefore paid on a daily basis without a mileage component, shall be increased by 4.0% effective January 1, 1974, computed and applied in the same manner as provided in paragraph (vii) above.
(e) The standard basic daily and mileage rates of pay produced by application of the increases provided for in this Article I are set forth in Appendix 1, which is a part of this Agreement.
ARTICLE II — COST—FREE UNION DUES DEDUCTION
Within 60 days following request by the organization, each railroad party to this Agreement and the organization signatory to this Agreement will reach an understanding or agreement to modify their union dues deduction agreement (or, if there is no dues deduction agreement, the parties on the individual railroads will negotiate a union dues deduction agreement), effective with the first calendar month following 60 days after the date of such agreement (unless otherwise agreed to), which will conform to the following guidelines:
1. Deductions will be limited to periodic union dues) initiation fees, and assessments (not including fines and penalties) which are uniformly required as a condition of acquiring or retaining membership.
2. No costs will be charged against the organization or the affected employees in connection with the dues deduction agreement.
3. Appropriate written assignment form executed by the individual involved must be in the hands of the designated railroad officer at least 30 days in advance of the first payroll deduction scheduled for that individual; provided, however, that dues deduction assignments currently in effect need not be re-executed and may be continued in effect subject to their terms and conditions.
4. The dues deduction amounts may not be changed more often than once every three months.
5. The parties to the dues deduction agreement will mutually agree on the payroll period on which the deductions uniformly will be made.
6. The dues deduction agreement will include appropriate priorities of deductions in cases where the individual’s pay check is insufficient to permit deduction of the full amounts specified on the deduction lists. The following payroll deductions, as a minimum, will have priority over the deductions called for by the dues deduction agreement:
7. In the event there is Insufficient earnings to permit the full, amount of the union dues deduction, no deduction will be made.
8, The carrier will furnish uniform alphabetical deduction list. (in triplicate) for each local lodge each month. Such will include the employee’s name, Social Security number or pay roll identification number, and the amount of union dues deducted from the pay of each employee.
This Article II becomes effective 60 days after the date of this Agreement on each of the carriers party to this Agreement, unless within 45 days after the date of this Agreement the General Chairman of the organization signatory hereto advises the designated railroad officer in writing that the organization desires to retain the existing dues deduction agreement. In that event, all of the provisions of the existing dues deduction agreement will be retained, subject to the provisions of Article III of this Agreement.
ARTICLE III - GENERAL PROVISIONS
Section 1 — Court Approval
This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.
Section 2 — Effect of This Agreement
(a) The purpose of this Agreement is to fix the general level of compensation during the period of the Agreement.
(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, 1974 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 July 1, 1974 (not to become effective before January 1, 1975) any notice or proposal for changing any matter contained in:
(d) The parties to this Agreement will continue in effect during the term of this Agreement the Standing Committee established by Article XII of the Agreement of May 13, 1971, including the procedures worked out by the parties. However, if either party signatory to this Agreement decides that the Standing Committee procedure should no longer be continued, the carriers or the union may serve national (but not local) Section 6 notices on the matters enumerated in said Article XII of the May 13, 1971 Agreement and paragraph (c)(3) of this Section 2.
(e) Pending or new proposals served or to be served on individual railroads dealing with training of engineers are excepted from the provisions of this Section 2.
(f) This Section 2 will not debar management and committees on individual railroads from agreeing upon any subject of mutual interest.
ARTICLE IV - RAILROAD RETIREMENT AMENDMENTS CONTINGENCY
This Agreement is contingent upon the enactment of legislation accomplishing the purposes specified in Appendix 2 attached hereto and hereby made a part hereof.
SIGNED AT WASHINGTON, D. C. THIS 27th DAY OF APRIL, 1973.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED
Signatures not reproduced.
Relation to Collective Bargaining
Nation of the Bill