Side Letter #1 Mr. Ronald P. McLaughlin Dear Mr. McLaughin This confirms our understanding with respect to the general wage increase provided for in Article I, Section 1, and the signing bonus provided for in Article I, Section 2, of the Agreement of this date. The carriers will make all reasonable efforts to pay the retroactive portion of such general wage increase and the signing bonus as soon as possible and no later than sixty (60) days after the date of this Agreement. If a carrier finds it impossible to make such payments within that specified time period, such carrier shall notify you in writing explaining why such payments have not been made and indicating when the payments will be made. Very truly yours, Side Letter #2 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin. This refers to the increase in wages provided for in Section 1 of Article I of the Agreement of this date. It is understood that the retroactive portion of that wage increase shall be applied only to employees who have an employment relationship with a carrier on the date of this Agreement or who retired or died subsequent to December 1, 1995. Please acknowledge your agreement by signing your name in the space provided below. Yours very truly, Side Letter #3 Mr. Ronald P McLaughlin Dear Mr. McLaughlin: This confirms our understanding regarding 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) and to compute the lump sums provided for therein without excluding 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. Please acknowledge your agreement by signing your name in the space provided below. Yours very truly, Side Letter #4 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: This refers to the Lump Sum Payments provided for in Article I of the Agreement of this date. Sections 3 and S of Article I are structured so as to provide payments that are essentially based on the compensation earned by an employee during a specified calendar year. Section 10 provides that all of these payments are payable to an employee who has an employment relationship as of the dates such payments are made or has retired or died subsequent to the beginning of the applicable calendar year used to determine the amount of such payments. Thus, for example, under Section 3 of Article I, except for an employee who has retired or died, the Agreement requires that an employee have an employment relationship on July 1, 1996 in order to receive that lump sum payment. The intervals between the close of the measurement periods and the actual payments established in the 1991 National Implementing Document were in large measure a convenience to the carriers in order that there be adequate time to make the necessary calculations. In recognition of this, we again confirm the understanding that an individual having an employment relationship with a carrier on the last day of a particular calendar year used to determine the amount of a payment under Section 2 and S of Article I will not be disqualified from receiving the payment provided for in the event his employment relationship is terminated following the last day of such calendar year but prior to the payment due date. Yours very truly, Side Letter #5 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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. Yours very truly, Side Letter #6 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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. Please acknowledge your agreement by signing your name in the space provided below Yours very truly, Side Letter #7 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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 hold positions as working General Chairmen, Local Chairmen, and State Legislative Board Chairmen (“local officials”) In other words, the changes in qualification 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. Please acknowledge your agreement by signing your name in the space provided below. Yours very truly, Side Letter #8 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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 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. Yours very truly, Side Letter #9 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: This confirms our understandings regarding Article VIII - Rate Progression Adjustment For Promotion of the Agreement of this date. 1. Such Article is not intended to supplant existing rules that treat employees more favorably with respect to rate progression, including while working as or upon promotion to engineer. That is, such rules are preserved and shall continue to apply in lieu of Article VIII. 2. Any promotion adjustment made pursuant to Article VIII shall be applied solely on a prospective basis. Please acknowledge your agreement by signing your name in the space provided below Yours very truly, Side Letter #10 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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 condit tons. Increased 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 arid 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. This will confirm our understanding that the NCCC Chairman and the BLE President shall promptly confer on any carrier proposal under Article IX that the BLE President deems to be egregiously inconsistent with our mutual intent. Such proposal shall be held in abeyance pending conference and shall not be implemented until adjusted by agreement of the parties or, absent such agreement, resolved by expedited, party paid arbitration as set forth in the attachment hereto. Please acknowledge your agreement by signing your name in the space provided below. Yours very truly, Side Letter #11 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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. Yours very truly, Side Letter #12 Mr. Ronald P. McLaughlin Dear Mr. McLaughlin: 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 to this Agreement will he 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. Yours very truly, |
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Agreement to Arbitrate
Between The International Brotherhood of Locomotive
Engineers and the Carriers Represented by National
Carriers Conference Committee The parties agree to the following:
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I. The Question-At-Issue to be submitted to arbitration shall be: In light of the agreement attached and all other relevant circumstances, should locomotive engineers receive any certification pay? If so, how much? II. The major dispute arbitration provisions of the Railway Labor Act shall govern. III. The parties have agreed on three impartial arbitrators to serve on the Arbitration Board. In the event one or more of those selected cannot serve, the parties shall agree on substitutes. The Arbitration Award may be rejected by individual General Committees if appropriate carrier official notified within 30 days of issuance of Award. IV. Where negotiations on local issues have begun but not concluded between the BLE and a carrier represented by the NCCC, the parties shall continue such negotiations until agreement is reached but. in no event later than April 20, 1996. V. The parties have attached a tentative timetable (Exhibit A) for processing this matter and commit to maintaining these time frames to the best of their abilities. VI. This agreement is in full and final settlement of the notices served by the BLE on or after November 1, 1994 on carriers represented by the NCCC in the current. round of bargaining and notices served by or on behalf of such carriers on the BLE on or after November 1, 1994. VII. The parties recognize that this agreement must be submitted by the BLE for ratification in accordance with the BLE’s Constitution and by-laws. The BLE shall notify the NCCC of the results of the ratification as promptly as possible. |