1978 National Agreement
Table of Contents
Article I - Wage Increase
THIS AGREEMENT, made this 26th day of July, 1978, 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, withnesseth:
IT IS HEREBY AGREED:
ARTICLE I — GENERAL WAGE INCREASES
Section 1 — First General Wage Increase
(a) Effective April 1, 1978, all standard basic daily and mileage rates of pay of employees represented by the Brotherhood of Locomotive Engineers in effect on March 31, 1978 shall be increased by an amount equal to 3 percent. The amount of cost—of—living allowance which remained in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(d) of the Agreement of March 6, 1975 will not be included with basic rates in computing the amount of this increase.
(b) In computing the percentage increases under paragraph (a) above, 3 percent shall be applied to the standard basic daily rates of pay, and 3 percent shall be applied to the standard mileage rates of pay, respectively, applicable in the following weight—on—drivers brackets, and the amounts so produced shall be added to each standard basic daily or mileage rate of pay
| — 600,000 and less than 650,000 pounds
— 950,000 and less than 1,000,000 pounds
(through freight rates)
— Less than 500,000 pounds
— 250,000 and less than 300,000 pounds (*)
(separate computations covering five—
day rates and other than five—day rates)
|(c) by application in Appendix 1,
The standard basic daily and mileage rates of pay produced of the increases provided for in this Section 1 are set forth
which is a part of this Agreement.
Section 2 — Second General Wage Increase
Effective October 1, 1978, all standard basic daily and mileage rates of pay of employees represented by the Brotherhood of Locomotive Engineers in effect on September 30, 1978, shall be increased by an amount equal to 2 percent, computed and applied in the manner prescribed in Section 1 above. The amount of cost-of—living allowance which remains in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(f) hereof will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 2, which is a part of this Agreement.
Section 3 — Third General Wage Increase
Effective July 1, 1979, all standard basic daily and mileage rates of pay of employees represented by the Brotherhood of Locomotive Engineers in effect on June 30, 1979, shall be increased by an amount equal to 4 percent, computed and applied in the manner prescribed in Section 1 above. The amount of any cost—of-living allowance which may remain in effect after a portion of the allowance has been incorporated into basic rates pursuant to Article II, Section 1(f) hereof, will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of’ pay produced by application of this increase will be subsequently published.
Section 4 — Fourth General Wage Increase
Effective July 1, 1980, all standard basic daily and mileage rates of pay of employees represented by the Brotherhood of Locomotive Engineers in effect. on June 30, 1980 shall be increased by an amount equal to 5 percent, computed and applied in the manner pre8oribed in Section 1 above. The amount of any cost—of—living allowance which may remain in effect after a portion of the allowance has been incorporated into basic rates pursuant to Article II, Section 1(f) hereof, will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase will be subsequently published.
Section 5 — Application of Wage Increases
(a) All arbitraries, miscellaneous rates or special allowances, based upon mileage, hourly or daily rates of pay, as provided in the schedules or wage agreements, shall be increased commensurately with the wage increases provided for in this Article I.
(b) In determining new hourly rates, fractions of’ a cent will be disposed of’ by applying the next higher quarter of’ a cent.
(c) Daily earnings minima shall be increased by the amount of the respective daily increases.
(d) Existing money differentials above existing standard daily rates shall be maintained.
(e) In local freight service, the same differential in excess of through freight rates shall be maintained.
(f) 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.
(g) In computing the increased rates of pay effective April 1, 1978 under Section 1 for 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, whose rates had been increased by “an additional $.40” effective July 1, 1968, 3 percent of the daily rates exclusive of the local freight differential. and any other money differential above existing standard daily rates but including the $.40 increase, in effect for such firemen March 31, 1978 applicable in the weight—on—drivers bracket 950,000 and less than 1,000,000 pounds shall be added to each applicable weight—on—drivers daily rate of pay. The same procedure shall be followed in computing the increases of 2 percent effective October 1, 1978, 4 percent effective July 1, 1979, and 5 percent effective July 1, 1980. The rates produced by application of the standard local freight differential and the above—referred—to special increase of "an additional $.40" to standard basic through freight rates of pay are set forth in Appendices 1 and 2, which are a part of this Agreement, and Appendices which will be subsequently published.
(h) Other than standard rates:
(i) Wage rates resulting from the increases provided for in Sections 1, 2, 3 and 4 of this Article I, and in Section 1(f) of Article II, will not be reduced under Article II.
ARTICLE II - COST-OF-LIVING ADJUSTMENT
Section 1 — Amount and Effective Dates of Cost—of—Living Adjustments
(a) A cost—of—living adjustment increase of 19 cents per hour, based upon the increase in the Consumer Price Index (old series) between March 1977 and September 1977, will be made effective as of January 1, 1978. The amount of such adjustment will be added to the cost—of—living allowance of 15 cents per hour which became effective December 31, 1977 resulting from incorporation into basic rates of 16 cents per hour effective that date, as provided in Article II, Section 1(d) (iii) of the 1975 General Wage Increase Agreement and the Letter of Understanding of September 6, 1977 as to the amount to be so incorporated. As result of such adjustment, the cost—of—living allowance effective January 1, 1978 will be 34 cents per hour.
(b) A further cost—of—living adjustment increase of 19 cents per hour, based upon the increase in the Consumer Price Index between September 1977 (old series) and March 1978 (using the old series CPI for September—December 1977 and the new CPI—W identified in paragraph (c) below for January—March 1978), will be made effective as of July 1, 1978. The amount of such adjustment will be added to the cost—of—living allowance of 17 cents per hour which will become effective as of June 30, 1978 resulting from incorporation into basic rates of 17 cents per hour of the cost—of—living allowance effective that date, as provided in paragraph (f)(i) below. As result of such adjustment, the cost—of—living allowance effective July 1, 1978 will be 36 cents per hour.
(c) The cost—of—living allowance resulting from the adjustments provided for in paragraphs (a) and (b) above will subsequently be adjusted, in the manner set forth in and subject to all the provisions of paragraphs (g) and (h) 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 January 1, 1979, based (subject to paragraph (g) (i) below) on the BLS Consumer Price Index f or September 1978 as compared with the index of 189.7 for March 1978. Such adjustment and further cost—of—living adjustments will be made effective the first day of each sixth month thereafter 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 (g)(ii) below, according to the formula set forth in paragraph (h) below:
Base Month Measurement Month of Adjustment
January 1, 1979
July 1, 1979
January 1, 1980
July 1, 1980.
January 1, 1981
(d) 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 and arbitraries in the same manner as basic wage adjustments have been applied in the past.
(e) 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.
| January 1, 1979
July 1, 1979
January 1, 1980
July 1, 1980
January 1, 1981
| 4% of March 1978 CPI
8% of March 1978 CPI, less Increase from March to September 1978
4% of March 1979 CPI
8% of March 1979 CPI, less Increase from March to September 1979
4% of March 1980 CPI
(h) Formula. The number of points change in the BLS Consumer Price Index during a measurement period, as limited by paragraph (g) 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 of 18 cents per hour which will become effective December 31, 1978 as result of application of paragraph (f)(i) will be adjusted (increased or decreased) effective January 1, 1979 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 (g) above, in the BLS Consumer Price Index during the measurement period from the base month of March 1978 to the measurement month of September 1978. 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 allowance which will have become effective December 31, 1978 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.
The same procedure will be followed in applying subsequent adjustments.
(i) 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 by Section I of this Article II, the cost—of—living allowance will not become part of basic rates of pay except as provided in Section 1(f). In 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 Sections 2, 3 and 4 of Article I and by Section 1(f) of this Article II. The cost—of—living allowance will otherwise be applied in keeping with the provisions of Section 5 of Article I.
ARTICLE III — VACATIONS
Insofar as applicable to employees represented by the Brotherhood of Locomotive Engineers, the Vacation Agreement dated April 29, l949, as amended, is further amended effective January 1, 1979, by substituting the following Section 1(c) and 1(d) for the corresponding provisions contained in Section 1 of Article IX of the Agreement of May 13, 1971:
ARTICLE IV — HEALTH AND WELFARE BENEFITS; EARLY
RETIREMENT MAJOR MEDICAL
EXPENSE BENEFITS; AND DENTAL BENEFITS.
PART A. HEALTH AND WELFARE BENEFITS
Section 1. Continuation of Plan. The benefits now provided under The Railroad Employees National Health and Welfare Plan, modified as provided in Sections 2 and 3 below, will be continued subject to the provisions of the Railway Labor Act, as amended. Contributions to the Plan will be offset by the expeditious use of such amounts as may at any time be in Special Account A or in one or more special accounts or funds maintained by the insurer in connection with Group Policy Contract GA—23000, and by the use of funds held in trust that are not otherwise needed to pay claims, premiums or administrative expenses which are payable from trust. Detailed contract language specifying the new benefits and the changes in existing benefit and eligibility provisions is to be worked out by the Joint Policyholder Committee with the insurer.
Section 2. Benefit Changes. The following benefit changes will be made effective as of January 1, 1979:
a. Alcoholism Treatment. For treatment of alcoholism of an employee which has been diagnosed as such by the employee’s attending physician, as a result of which the employee is confined at an approved treatment center which provides medical and therapeutic treatment for alcoholism under a program approved by both the attending physician and the insurer, on an in-patient basis requiring full time participation by the patient, and certain evaluation, diagnostic and counseling services: a benefit will be provided to cover charges by the treatment center for room and board, care and treatment exclusive of custodial care, up to $50 per day for not more than 31 days per calendar year with a lifetime maximum of $3,000.
b. Ambulatory Surgical Centers. Charges incurred by an employee or dependent for services rendered and supplies furnished by an approved ambulatory surgical center within the time limits and for the purposes specified in the out—patient expense provisions of the plan shall be treated as if they were hospital out—patient expenses.
c. Second Surgical Opinion. A benefit will be provided to pay reasonable charges incurred by an employee or dependent for consultations (including the reasonable charges for laboratory and X—ray examinations and other diagnostic procedures in connection therewith) with one or more qualified specialist surgeons for additional opinions as to the medical necessity for the performance of a recommended surgical procedure for which benefits are payable under the surgical expense benefits provisions of the Plan, provided the consultant surgeon examines the patient and furnishes the insurer either copy of his written report to the patient or a written report setting forth his opinion.
d. Pre—Admission Testing. Charges incurred by an employee or dependent in connection with pre—admission testing ordered by a physician will be covered as hospital in—patient expenses provided such tests are related to the performance of scheduled surgery in connection with a confirmed hospital admission, and (1) the person involved is subsequently admitted to the hospital as a resident in—patient unless the scheduled confinement is cancelled or postponed because of the unavailability of a bed or a change in his condition which precludes surgery or (ii) the surgery is performed in an out—patient facility (which may be an ambulatory surgical center) unless there is a change in the patient's condition which precludes surgery.
e. Surgical Expense Benefit. The maximum basic benefit for a surgical procedure will be increased from $650 to $1,000; the maximum allowance for administration of anesthetics will be increased from $162.50 to $250; and the $650 E Surgical Schedule will be replaced by a $1,000 E Surgical Schedule.
f. Hospital Miscellaneous Benefit. The provision for reimbursement for hospital charges f or medical care and treatment (other than charges for room and board, nurses’, and physicians and surgeons’ fees), and the excess of charges for intensive care in an intensive care unit over the amount payable otherwise, shall be increased from “not more than $1,000 plus 80% of the excess over $1,000,” to “not more than $2,000 plus 80% of the excess over $2,000.”
g. Out—Patient Expense Benefit, and Supplemental Out—Patient Medical Expense Benefit. The provision for reimbursement for hospital out-patient expenses, and the supplemental out—patient medical expense benefit provision, covering certain emergency medical care and treatment on account of accidental bodily injuries and additional subsequent medical care and treatment in connection with such emergency care, and medical care and treatment in connection with surgical operations, will be increased to provide for reimbursement for such expenses in full on a reasonable and customary basis (an increase from the maximum of $100 plus 80% of the excess over $100).
h. Ambulance Benefit. Necessary ambulance charges for transportation to and from hospital for an employee or dependent who is confined as a hospital in—patient, or who receives out—patient care of a nature referred to in g. above in a hospital, will be provided in full on a reasonable and customary basis (an increase from the maximum of $25 for such benefit).
1. Physician’s Fee Benefit.
j. Major Medical Expense Limit Benefit. A provision will be added to the major medical expense benefit section of the Plan to the effect that if in a calendar year a covered employee or dependent has incurred expenses not otherwise reimbursed under the Plan which aggregate $2,000 including (i) the individual’s cash deductible and (ii) the individual’s 20% share of co-insurance under the hospital miscellaneous benefits and major medical expense benefit provisions, all further ‘1covered expenses of that individual in that calendar year which would otherwise come under the 80%/20% coinsurance provisions will instead be reimbursed under the major medical expanse benefit provisions on a 100% basis. The four exclusions in the major medical expense benefit section will apply to this benefit.
k. Living Tissue Donor Benefit. Benefit will be provided for the living donor of an organ or tissue to an employee or dependent covered by The Railroad Employees National Health and Welfare Plan, with respect to the donation involved, on the same basis as if the donor were himself an employee covered by the Policy Contract to the extent such donor is not covered under any other health insurance program.
Section 3. Eligibility. The provision under which a new employee becomes a Qualifying Employee, and may become insured and eligible for benefits, on the first day of the first calendar month starting after such employee has completed 30 continuous days during which he has maintained an employment relationship, will be changed to provide that a new employee (employed on or after August 1, 1978) will become a qualifying employee on the first day of the first calendar month starting after such employee has completed 60 continuous days during which he has maintained an employment relationship.
Section 4. Restructuring. The parties to this Agreement will seek to work out with the insurer reasonable and practicable arrangements designed to decrease federal income taxes payable by the insurer in connection with the Plan, to decrease the insurer’s reserves for its liabilities under the Plan, or other—wise to lessen the cost of maintaining the Plan without decreasing the benefits or services that the Plan provides.
PART B. EARLY RETIREMENT MAJOR MEDICAL EXPENSE BENEFIT
Section 1. Establishment and Effective Date. The railroads will establish an Early Retirement Major Medical Benefit Plan to provide specified major medical expense benefits for certain retired or disabled railroad employees and their dependents, to become effective August 1, 1978 and to continue subject to the provisions of the Railway Labor Act, as amended, according to the following provisions:
Section 2. Administration.
a. The railroads, which will be sole policyholder, will work out arrangements for the Plan to be administered and insurance thereunder to be provided by the same insurer as is handling those functions under The Railroad Employees National Health and Welfare Plan.
b. The railroads will work out with the insurer detailed contract language setting forth the eligibility and benefit provisions.
c. The insurer will furnish financial data, statistical and actuarial reports, and claim experience information to the organizations in the same detail and at the same time that it furnishes such data to the railroads.
d. Any dividends or retroactive rate refunds or credits will be paid into a special fund or account held by the insurer or into a trust established in connection with the Plan. Withdrawals may be made from such fund, account or trust only to provide or finance benefits.
Section 3. Employees of Hospital Association Railroads. Hospital association railroads will pay the respective hospital associations such portion of the cost of the plan as is attributable to coverage for retired employees (but not for their dependents) contingent on commitments* from the hospital associations to provide benefits similar to those provided by the plan to such retired employees of the respective railroads as meet the above eligibility requirements and were members of the hospital association. In absence of such a commitment, no payment such as provided for in this paragraph shall be made to the hospital association involved, and the employees involved will be regarded as employees of a hospital association railroad f or purposes of eligibility for early retirement medical benefits but shall be provided such benefits under the national plan the same as employees of non—hospital association railroads. On a railroad on which the hospital association has furnished such a commitment, individual retired or disabled employees who had not been members of the hospital association or who had been such members but elected to leave the association on discontinuing active railroad service, or who forego association benefits, will not have an option of electing coverage under the national plan; nor on a railroad on which there has been no such commitment from the hospital association will individual employees have an option of electing hospital association coverage in place of coverage under the national plan.
PART C. DENTAL BENEFITS
Section 1. Continuation of Plan. The benefits now provided under The Railroad Employees National Dental Plan, modified as provided in Sections 2 and 3 below, will be continued subject to the provisions of the Railway Labor Act, as amended. Detailed contract language specifying the changes in existing benefit and eligibility provisions is to be worked out by the Policyholder with the insurer.
Section 2. Benefit Changes. The following changes in the benefit area will be made effective as of November 1, 1978.
a. The maximum benefit (exclusive of any benefits for orthodontia) which may be paid with respect to a covered employee or dependent in any calendar year, including the calendar year 1978, will be increased from $500 to $750 for all expenses incurred on or after November 1, 1978.
b. A limit of $100 will be placed on the amount of the deductible per calendar year, including the calendar year 1978, to be paid by all members of an employee’s family, to apply as fo1lows:
c. Extended coverage will be provided for disabled, pregnant, furloughed and discharged or dismissed employees on exactly the same basis as under The Railroad Employees National Health and Welfare Plan.
Section 3. Orthodontia. No change will be made with respect to benefits for orthodontia, except for the extended coverage provision described in paragraph c. of Section 2 above.
PART D. GENERAL
National Health Legislation. In the event that national health legislation should be enacted, benefits provided under The Railroad Employees National Health and Welfare Plan, The Early Retirement Major Medical Benefit Plan, and The Railroad Employees National Dental Plan with respect to a type of expense which is a covered expense under such legislation will be integrated so as to avoid duplication, and the parties will agree upon the disposition of any resulting savings.
ARTICLE V — JURY DUTY
Effective fifteen (15) days after the date of this Agreement, Article X of the May 13, 1971 Agreement is amended to read as follows:
When an employee is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost, with a maximum of a basic day’s pay at the straight time rate of his position for each calendar day lost less the amount allowed him for jury service for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitations:
(1) An employee must furnish the carrier with a statement from the court of jury allowances paid and the days on which jury duty was performed.
(2) The number of days for which jury duty pay shall be paid is limited to a maximum of 60 days in any calendar year.
(3) No .jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay.
ARTICLE VI - EXPENSES AWAY PROM HOME
Effective October 1, 1978, the meal allowance provided for in Article II, Section 2, of the June 25, 1964 National Agreement, as amended by the letter agreement of February 9, 1972, is increased from $2.00 to $2.75.
ARTICLE VII — APPLICATION FOB EMPLOYMENT
Section 1 — Probationary Period
Applications for employment will be rejected within sixty (60) calendar days after seniority date is established, or applicant shall be considered accepted. Applications rejected by the carrier must be declined in writing to the applicant.
Section 2 — Omission or Falsification of Information. An employee who has been accepted for employment in accordance with Section 1 will not be terminated or disciplined by the carrier for furnishing incorrect information in connection with an application for employment or for withholding information therefrom unless the information involved was of such a nature that the employee would not have been hired if the carrier had had timely knowledge of it.
ARTICLE VIII — COMBINATION ROAD—YARD SERVICE ZONES
Section 1 — At points where yard crews are employed, combination road—yard service zones may be established within which yard engine crews may be used to perform specified service outside of switching limits under the following conditions:
(a) Road—Yard Service Zones for industrial switching purposes are limited to a distance not to exceed ten (10) miles, or the entrance switch to the last industry, whichever is the lesser. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise.
(b) Within Road—Yard Service Zones, yard engine crews may be used only to meet customer service requirements for the delivery, switching, or pick up of cars which were not available or ready for handling by the road crew or crews normally performing the service or which are required to be expedited for movement into the yard before arrival of said road crew or crews. Yard engine crews may be used to perform such service without any additional compensation and without penalty payments to road crews.
(a) The use of yard engine crews in Road-Yard Service Zones established wider this Article may not be used to reduce or eliminate road crew assignments working within such zones.
(d) Nothing in this Section 1 Is intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this agreement.
Section 2 — At points where yard crews are employed, combination road—yard service zones may be established within which yard engine crews may be used to perform specified service outside of switching limits under the following conditions:
(a) Road—Yard Service Zones for purposes of this Section 2 are limited to a distance not to exceed fifteen (15) miles for the purpose of handling disabled trains or trains tied up under the Hours of Service Act. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise.
(b) Within Road—Yard Service Zones, yard engine crews may be used to handle disabled road trains or those tied up under the Hours of Service Act outside their final terminal without penalty to road crews. For such service yard engine crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switching limits.
(c) Nothing in this Section 2 is intended to impose restrictions with respect to handling disabled road trains or those tied up under the Hours pf Service Act beyond the 15 mile road—yard service zones, established under this section where restrictions did not exist prior to the date of this agreement.
(d) This Section 2 shall become effective unless a carrier elects to preserve existing rules or practices by notifying the authorized employee representatives within fifteen (15) days after the date of’ this agreement.
Section 3 — Time consumed by yard engine crews in Road—Yard Service Zones established under this Article will not be subject to equalization as between road and yard service crews and/or employees.
This Article shall become effective fifteen (15) days after the date of this Agreement.
ARTICLE IX — ENTRY RATES
Section 1 — Service First l2—Month.
Employees entering service on and after the effective date of this Article shall be paid as follows for all service performed within the first twelve (12) calendar months of service when working in a capacity other than engineer:
(a) For the first twelve (12) calendar months of employment, new employees shall be paid 90% of the applicable rates of pay (including COLA) for the class and craft in which service is rendered, exclusive of arbitraries and/or special allowances which shall be paid at the full amount.
(b) Employees who have had an employment relationship with the carrier and are rehired will be paid at established rate after completion of a total of twelve (12) month& combined service.
(c) Train service employees who transfer to the fireman craft will be paid at established rates after completion of a total of twelve (12) months’ combined service in both crafts.
(d) Any calendar month in which an employee does not render compensated service due to voluntary absence, suspension, or dismissal shall not count toward completion of the twelve (12) month period.
Section 2 — Preservation of Lower Rates
Agreements which provide for training or entry rates that are lower than those provided for in Section 1 are preserved. If such agreements provide for payment at the lower rate for less than the first twelve (12) months of actual service, Section 1 of this Article will be applicable during any portion of that period in which such lower rate is not applicable.
This Article shall become effective 15 days after the date of this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representative on or before such effective date.
ARTICLE X — OFF—TRACK VEHICLE ACCIDENT BENEFITS
Article IV(b) of the March 10, 1969 Brotherhood of Locomotive Engineers Agreement is hereby amended to read as follows:
(b) Payments to be Made:
In the event that any one of the losses enumerated in subparagraphs (1), (2) and (3) below results from an injury sustained directly from an accident covered in paragraph (a) and independently of all other causes and such loss occurs or commences within the time limits set forth in subparagraphs (1), (2) and (3) below, the carrier will provide, subject to the terms and conditions herein contained, and less any amounts payable under Group Policy Contract GA—23000 of The Travelers Insurance Company or any other medical or insurance policy or plan paid for in its entirety by the carrier, the following benefits:
“Loss" shall mean, with regard to hands and feet, dismemberment by severance through or above wrist or ankle joints; with regard to eyes, entire and irrecoverable loss of sight.
No more than 4150,000 will be paid under this paragraph to any one employee or his personal representative as a result of any one accident.
(2) Medical and Hospital Care
The carrier will provide payment for the actual expense of medical and hospital care commencing within 120 days after an accident covered under paragraph (a) of injuries incurred as a result of such accident, subject to limitation of $3,000 for any employee for any one accident, less any amounts payable under Group Policy Contract GA-.23000 of The Travelers Insurance Company or under any other medical or insurance policy or plan paid for in its entirety by the carrier.
(3) Time Loss
The carrier will provide an employee who is injured as a result of an accident covered under paragraph (a) hereof and who is unable to work as a result thereof commencing within 30 days after such accident 80% of the employee’s basic full—time weekly compensation from the carrier for time actually lost, subject to a maximum payment of’ $150.00 per week for time lost during a period of 155 continuous weeks following such accident provided, however, that such weekly payment shall be reduced by such amounts as the employee is entitled to receive as sickness benefits under provisions of the Railroad Unemployment Insurance Act.
(4) Aggregate Limit
The aggregate amount of payments to be made hereunder is limited to $1,000,000 for any one accident and the carrier shall not be liable for any amount in excess of $1,000,000 for any one accident irrespective of the number of injuries or deaths which occur in or as a result of such accident. If the aggregate amount of payments otherwise payable hereunder exceeds the aggregate limit herein provided, the carrier shall not be required to pay as respects each separate employee a greater proportion of such payments than the aggregate limit set forth herein bears to the aggregate amount of all such payments.
_____ _____ _____ _____
This Article will become effective 90 days after the date of’ this Agreement.
ARTICLE XI - BEREAVEMENT LEAVE
Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee’s brother, sister, parent, child, spouse or spouse’s parent. In such cases a minimum basic day’s pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner.
_____ _____ _____ _____
This Article shall become effective fifteen (15) days after the date of this Agreement.
ARTICLE XII — JOINT LABOR—MANAGEMENT COMMITTEE
Section 1 — There is hereby established a joint labor—management committee to consider certain proposals not resolved by this Agreement. The Committee shall consist of four (4) members to be appointed within thirty (30) days of the date of this Agreement — two (2) by the Brotherhood of Locomotive Engineers and two (2) by the National Carriers’ Conference Committee.
Section 2 — The Committee established by Section 1 is authorized and directed to investigate the issues raised by the organization’s proposals for a uniform Discipline Rule and Procedures and a uniform Physical Examination Rule and Procedures. The method and procedures for handling the issues are left to the discretion of the Committee; however, it shall make its report and recommendations to the parties no later than eighteen (18) months after the date of this Agreement.
Section 3 — The parties to this Agreement shall promptly resume negotiations following receipt of the Committee’s report and recommendations for the purpose of reaching agreement on discipline rules and procedures and physical examination rules and procedures which can be recommended for adoption to the individual railroads and the individual Brotherhood of’ Locomotive Engineers’ General Committees of Adjustment on such railroads.
ARTICLE XIII — 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, and is in settlement of the dispute growing out of the notices served upon the carriers listed in Exhibit A by the Organization signatory hereto dated on or about January 20, 1977, February 1, 1977, March 1, 1977 and June 21, 1977 (wage and rules); February 15, 1977 and August 15, 1977 (health and welfare and dental), and proposals served on June 13, 1977 by the carriers for concurrent handling therewith.
(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 March 31, 1981 and thereafter until changed or modified in accordance with the provisions of’ the Railway Labor Act, as amended.
(a) Except as provided by the Letter of Understanding dated July 26, 1978, concerning compensation relationships, and paragraph (d) of this Section 2, the parties to this Agreement shall not serve nor progress prior to January 1, 1981 (not to become effective before April 1, 1981) any notice or proposal for changing any matter:
and any pending notices which propose such matters are hereby withdrawn.
(d) Pending notices properly served under the Railway Labor Act covering subject matters not specifically dealt with in Section 2(c) of this Article XIII and which do not request compensation need not be withdrawn and may be progressed under the provisions of the Railway Labor Act, as amended. Similarly, new proposals properly served under the Railway Labor Act covering subject matters not specifically dealt with in Section 2(e) of this Article XIII and which do not request compensation may be served and progressed under the provisions of the Railway Labor Act, as amended.
(e) This Article will not bar management and committees on individual railroads from agreeing upon any subject of mutual, interest.
SIGNED AT WASHINGTON, D. C. THIS 26TH DAY OF JULY, 1978.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED
July 26, 1978
Mr. John F. Sytsma, President
Dear Mr. Sytsma:
This is to confirm our understanding that Item D of the notice served by railroads generally on or about June 13, 1977 for concurrent handling with the organization's proposals served at various times during 1977 (comprising NMB Case A—10224) is hereby withdrawn and that such Item D shall be considered as not having been served.
Will you please indicate your concurrence by affixing your signature in the space provided below.
Yours very truly,
C. I. Hopkins, Jr.
John F. Sytsma
July 26, 1978
Mr. John F. Sytsma, President
Dear Mr. Sytsma:
The parties agree to address the subject of short turnaround passenger service without delay and in a genuine effort to identify problems and seek solutions. The National Carriers’ Conference Committee will appoint to a task force an appropriate number of carrier executives who are versed in the subject matter. The Brotherhood of Locomotive Engineers will appoint to the task force an appropriate number of representatives who likewise are knowledgeable in the subject matter.
The task force will be charged with responsibility to convene at an early date to establish guidelines, procedures and timetables. The mission of the task force shall be (1) to identify and define problems of concern to the Brotherhood of Locomotive Engineers and those of concern to the carries (2) to weigh alternatives for dealing with any problems so defined, (3) to recommend to appropriate carrier and the Brotherhood ways and means for reconciling differences and resolving problems.
While the task force shall have reasonable latitude to its methods and schedule, it is expected that it will complete its work and report to the parties not later than 18 months from the date hereof.
The report and recommendations will be submitted for consideration to the chief labor relations officials of the carriers and to the President of the Brotherhood of Locomotive Engineers.
Will you please indicate your concurrence by affixing your signature in the space provided below.
Yours very truly,
C. I. Hopkins, Jr.
John F. Sytsma
July 26, 1978
Mr. John F. Sytsma., President,
Dear Nr. Sytsma:
This is to confirm our understanding that the provisions of Article XIII of the Agreement of July 26, 1978, are not applicable to pending notices, or new notices which may be served, seeking to adjust compensation with respect to compensation relationships between the engineers and other members where compensation, regardless of how derived, has been changed for other members of the crew due to a change in crew consist.
Any organization notice served which meets there conditions may be progressed pursuant to the procedures of the Railway Labor Act, as amended.
It is understood that the pending national notice is withdrawn on all railroads except those which have negotiated crew consist agreements on or before the Agreement of July 26, 1978, which have change the compensation for other crew members and on such railroads the national notice as circumscribed in the first paragraph above will be remanded and negotiations shall proceed en those railroads as if such notice had been served locally.
Will you please indicate your concurrence by affixing your signature in the space provided below.
Yours very truly
C. I. Hopkins, Jr.
John F. Systma
July 26, 1978
Mr. John F. Sytsma, President
Dear Mr. Sytsma:
This refers to discussions during negotiations July 26, 1978 National Agreement to which this letter is in connection with the organization's notices concerning a training program for locomotive engineers.
The National Carriers’ Conference Committee will join with you at the national level during the term of this agreement to develop methods of evaluating and improving the quantity and quality of locomotive engineer training which can be recommended to the individual railroads for their consideration in the design and implementation of their respective training programs.
Will you please indicate your concurrence by affixing your signature in .the space provided below.
Yours. very truly,
C. I. Hopkins, Jr.
John F. Sytsma
Question and Answers
Combination Road—Yard Service Zones
Section 2 b
“Within Road-Yard Service Zones, yard engine crews may be used to handle disabled road trains or those tied up under the Hours of Service Act outside their final terminal without penalty to road crews. For such service yard engine crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switching limits.”
Q - 1: If a yard crew is called outside of prescribed starting times for the purpose of handling a disabled train or a train tied up under the Hours of Service Act, how are they compensated?
A - 1: This provision does not change the application of the yard starting time rules.
Q - 2: Do the provisions of Section 2 have any application at intermediate terminals?.
A - 2: No.
Q - 3: May a yard crew from an intermediate point, be used to handle a train disabled or tied up under the Hours of Service Law to the final terminal of the assignment where no yard crews are assigned so long as they are within the 15 miles?
A - 3: No.
Q - 4: If a train is disabled or tied up under the Hours of Service Act at a point within the 15-mile limit of the final terminal, and there is a point enroute where a yard crew is assigned, can the carrier direct a yard crew from this point to handle the disabled or tied up train into the final terminal?
A - 4: No.
Q-5: Are yard crews required to operate under train orders when dispatched to bring in a train tied up under the Hours of Service Law? For example, the road crew tied up had a train order to meet an opposing train within the 15-mile area, such area being in manual block or automatic block territory.
A - 5: Carrier’s operating rules are controlling.
Q - 6: When a yard crew is transported by a highway vehicle to perform service under Section 2(b), when does the crews time start?
A - 6: Where local rules or practices exist which encompass this situation such rules or practices will apply. Otherwise time will be computed from when the crew leaves company property or from the time the trip begins if originating off company property.
Q - 7: When a yard crew is transported by highway vehicle to perform service under Section 2(b), where does the highway mileage begin and end?
A - 7: Where local rules or practices exist which encompass this situation, such rules or practices will apply. Otherwise, rail miles outside switching limits will be used.
Q - 8: Are yard crews while on overtime on their regular assignment, and used to perform service outside switching limits under this rule, to be compensated for time consumed at the time and one—half rate for the class of service performed in addition to the regular yard rate?
A - 8: The parties are agreed that payment for combined service to be treated the same as the emergency rule. Accordingly, the time in both services is combined to provide for payment at time and one-half for time in excess of eight hours.
(See the following example)
An engineer works seven (7) hours in yard service after which he works three (3) hours in service under Section 2 of Article VIII. Under this example the engineer would be compensated as follows:
Q - 9: If a yard crew is transported by car or some other vehicle to perform service under Section 2, would they be entitled to deadhead pay?
Q - 10: A road crew within a road-yard service zone is relieved before the time of the crew has expired under the Hours of Service Law. May a yard crew be sent to bring this train into the terminal in accordance with Section 2?
A - 10: Yes, provided the road crew was properly relieved and compensated under existing rules pertaining to crews being relieved for purposes of the Hours of Service act.
Q - 11: Given the same facts as above, except that the carrier relieves that the time of the crew may expire under the Hours of Service Law before the train enter the terminal (owing to yard congestion, etc.). may the yard crew then handle the train into the terminal before the road crews time actually expires?
A - 11: Yes, provided the road crew was properly relieved and compensated under existing rules pertaining to crews being relieved for purposes of the Hours of Service Act.
Q - 12: A derailment occurred in a road crew’s train at an intermediate point, but within 15 miles of a yard crew s switching limits. There are no switching limits at the road crew’s initial and final terminal. Under such circumstances does Section 2(b) permit the yard crew at the intermediate point to go outside of switching limits, but within 15 miles of switching limits to re-rail a car?
A - 12: No. This rule has no application at intermediate points.
Q - 13: May a yard crew performing service under Section 1 be used to perform service under Section 2 before returning to the yard? If so, how is the crew to be compensated?
A - 13: Yes. The crew would be compensated for all time outside switching limits the same as though all the service outside switching limits had been performed under Section 2.
Q - 14: Within Road/Yard Service Zones when a yard crew is used to handle disabled road trains or those tied up under the Hours of Service Act, may such yard crew be required to set out a bad order car or cars from the road train to be handled prior to bringing the train into the final terminal?
A - 14: Yard crews may be required, without additional payment, to set out a bad order car or cars damaged to the extent or whose condition is such that it would or could interfere in the safe handling of the train into the final terminal.
Q - 15: A road train neither disabled nor tied up under the Hours of Service Act, but which cannot be brought into its final terminal because of yard congestion or other reasons, is left on the main line or placed on a siding within the road/yard service zone by the road crew, who then complete their trip into the final terminal with their engine or engine and caboose.
Under the above circumstances, may a yard crew be used to handle these cars into the final terminal of the road crew?
A - 15: No, the use of a yard crew under such circumstances is not permissible under Section 2(b).
Q - 16: What constitutes a “disabled train”?
A - 16: Typically a disabled train is one which cannot reach the terminal unassisted. However, unusual situations involving “disabled trains” should be dealt with on a case by case basis.
Q - 17: What is the intent of the parenthetical phrase “(except where existing agreements require payment at yard rates)” as contained in Section 2(b)?
The intent of the parenthetical phrase is indicated in the following examples:
Inasmuch as the rule in effect in Example No. 1 does not require payment at the yard rate, the parenthetical exception is not applicable. Conversely, the parenthetical exception is applicable in Examples No. 2 and 3, as these rules do require payment at yard rates.
Q - 18: When a yard crew is dispatched to handle a road train under the provisions of Section 2, is such crew entitled to additional payments under other existing rules such as engine exchanges?
A - 18: No. The service permitted by Section 2 is limited to handling the train in road territory into its initial or final terminal. Likewise, the payment, so long as the work is necessary to perform the service permitted by the rule, is confined to that provided for in Section 2(b). However, there may be arbitrary payments under applicable road service rules for additional service during the road handling of the train after the yard crew takes charge of the train.
NOTE: See also the Interpretation No. 143 dated April 14, 1980, issued by the National Mediation Board, Appendix I.
Q - 19: A road train within the 15-mile Road-Yard Service Zone is tied up on the main track under the Hours of Service Act. Because of yard congestion or for other valid reasons, it is not possible to yard the train, but it is necessary to clear the main track for other train movements. Under the above circumstances, may a yard crew be used to clear the main track by placing the tied up train intact on a siding. within the Service Zone, including any necessary cutting of crossings and then subsequently use a second yard crew to bring the train on into the terminal?
A - 19: Yes, under circumstances as outlined above.
Q - 20: The following rule is in effect on carrier "A":
On such carrier or other carriers where similar rules are in effect does the highest rate based on weight on drivers apply to the entire tour of duty, including the additional payment under Section 2, when two or more locomotive consists of different weight on drivers are used?
A - 20: Yes. (Due to the long-standing pendency of this dispute, this interpretation is applicable to claims arising on or after March 1, 1983).
Q - 2l: A road train has excessive tonnage which prevents it from operating over a grade. Although there is a side track where the road crew could double a portion of their train and enable them to negotiate the grade without assistance, is It permissible far the carrier to operate a yard crew out to assist the stalled train on the basis that they would be assisting a disabled train?
A - 21: No.
Q - 22: A road crew has sufficient power to operate over the terrain but experiences problems with a diesel unit. This in turn causes the road train to stall. Rather than having the road crew double into a siding, is it permissible for the carrier to operate a yard crew out to assist the train over a grade on the basis that they would be assisting a disabled train?
Q - 23: A road crew at a point within the 15 mile zone experiences a drawbar failure on the wrong end of the car. The road crew handles the head end portion of the train into the terminal (a definite terminal) where yard engines are employed and on duty. Is it permissible for the carrier to utilize the services of a yard crew to pull in the rear end of the separated road train on the basis that the move involves, a disabled train?
A - 23: Yes, under these specific circumstances.
Q - 24: A road train has a derailment 11 miles outside its initial terminal switching limits and approximately 130 miles short of its final terminal.
(a) Does the rule permit the use of a yard crew from the road crew’s final terminal to handle the train to its final terminal?
(b) May a yard crew from the initial terminal be used to return the rear portion of the disabled train to the initial terminal?
A-24: (a) No.
Q - 25: A yard crew was sent outside switching limits to relieve a road crew tied up under the Hours of Service Act and handle the train into the final terminal. While in the process of handling this train, the yard crew was directed to cut off its power and assist another stalled road train, shoving it a distance of approximately one mile. Is it permissible under these circumstances to use a single yard crew to handle both a train tied up under the Hours of Service Act and to also assist a second stalled train while in the road yard service zone?
A - 25: Yes, provided that the stalled road train had sufficient power to operate over the terrain. (See Question & Answer No. 22 under this Section, as distinguished from Question & Answer No. 21).
Q - 25: Does the Carrier have the right to use engineers, who have been restricted to yard service by the Carrier for physical reasons, to handle disabled trains and/or trains tied up under the Hours of Service Act outside switching limits in road-yard service zones?
A - 26: This is a matter to be determined on a local basis in accordance with existing agreements, rules or practices.
Q - 27: If penalty payments for violations of the schedule agreement occur while a yard crew is performing service in accordance with this rule, may the Carrier deduct the time spent by the yard crew in road service from the penalty payment allowed?
A - 27: The yard crew is entitled to payment under the national rule for the time spent outside of switching limits. Penalty payments for service performed outside the rule is a matter to be determined locally by the parties.
Q - 28: Carrier instructions require road crews to be certain that their trains are within the 15-mile road/yard service zone before they are tied up under the Hours of Service Law. In cases where these road trains are tied up outside the 15-mile limit, can the Carrier require yard crews to perform service under this rule?
A - 28; No. The rule limits the use of yard crews to within the 15-mile limit.
Q - 29: A yard crew is used within the 15-mile zone to relieve a road crew tied up under the Hours of Service Law. Upon arrival, within switching limits, the yard crew is required to set out cars on a foreign Carrier’s interchange track, such set out being a regular function of the road crew being relieved. Under these circumstances, is the yard crew entitled to an additional day’s pay for performing service other than yarding the train in its final terminal?
A - 29: No, providing that yard crews also have the right to deliver interchange cars on this track.
Q - 30: A yard service engineer, performing service on a holiday and qualified to receive the time and one-half rate for such service, is used within the 15-mile zone to handle a road train tied up under the Hours of Service Law. Is the engineer entitled to compensation at the time and one-half rate for the time consumed performing service outside the switching limits?
A - 30: No. The engineer would only be entitled to the straight time rate for the service performed outside switching limits, as provided for in application of the “emergency rule”.
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