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Certification Pay - Question & Answers
BLE ENGINEER CERTIFICATION PAY
APPLICATION AND INTERPRETATION NATIONAL CARRIERS’ CONFERENCE COMMITTEE AND BROTHERHOOD OF LOCOMOTIVE ENGINEERS Effective Date Q1. What. is the effective date for the commencement of payment of the $5.00 certification allowance? A1. In accordance with the interpretation issued on October 1, 1997 by the Chairman of Arbitration Board No. 564 (attached hereto), payment of the $5.00 certification allowance is to commence effective March 12, 1997, the date of the Award, on each carrier covered by that Award (“covered carrier”)
Termination of Allowance Q2. When does the certification allowance terminate? A2. The certification allowance shall remain in effect until a successor collective bargaining agreement is negotiated to the May 31, 1996 collective bargaining agreement or until the parties mutually agree to do otherwise. Eligibility Q3. Who is eligible to receive the certification allowance? A3. A certified locomotive engineer who performs service in that capacity for a covered carrier. Thus, for example, the certification allowance would be payable to a certified locomotive engineer who is:
Application Q4. On what basis is the certification allowance payable? A4. The certification allowance is payable for each start made as a certified locomotive engineer in yard and/or road service for a covered carrier. See also Q & A 3. Q5. What is the amount of the certification allowance? A5. The certification allowance is $5.00 per start. There is no overmile or overtime component. Q6. Is the certification allowance payable on any calendar day during which an eligible employee does not have a start? A6. No. The certification allowance is not payable on any calendar day during which an eligible employee does not have a start, irrespective of whether the employee is paid for that day. Thus, the certification allowance is not payable in the following examples (which assume in each case that. the employee did not have a start during that calendar day):
Application Examples Tours of Duty Service Running Over Two Consecutive Calendar Days Q7. A certified locomotive engineer’s run starts at 4:00 p.m. on Day One and is completed at 1:00 a.m. the next day (Day Two). What certification allowance is payable to that employee? A7. The employee is paid one $5.00 allowance for the start on Day One. Q8. A certified locomotive engineer’ s run starts on Day One and is completed before midnight. Employee is deadheaded in combination service back to his home terminal and the deadhead is completed on Day Two. What certification allowance is payable to that employee? A8. The employee is paid one $5.00 allowance for the start on Day One. Q9. A certified locomotive engineer starts and completes his run on Day One but is held on duty past midnight for testing under FRA alcohol and drug. rules. What certification allowance is payable to that employee? A9. The employee is paid one $5.00 allowance for the start on Day One. Q1Q. A certified locomotive engineer is called for a 12:01 a.m. assignment on Day One, but reports 15 minutes early to perform an engine inspection. What certification allowance is payable to that employee? A10. The employee is paid one $5.00 allowance for the Day One start. Q11. A certified locomotive engineer starts his run on Day One and ties up at 11:55 p.m. on that same day, but completes reports until 12:05 a.m. on Day Two. What certification allowance is payable to that employee? A11. The employee is paid one $5.00 allowance for the Day One start. Multiple Starts Same Calendar Day Q12. A certified locomotive engineer starts and completes two assignments during the same calendar day. What certification allowance is payable to that employee? A12. The employee is paid one $5.00 allowance for each start, or a total of $10.00. Separate Starts Dunn Two Successive Calendar Days Q13. A certified locomotive engineer starts his run at 4:00 p.m. on Day One and ties up at 1:00 a.m. on Day Two at the completion of that tour of duty. That employee is then called for an assignment on Day Two at 1:00 p.m. which ties up at 10:00 p.m. What certification allowance is payable to that employee? A13. The employee is paid one $5.00 allowance for the start on Day One, and a second $5.00 allowance for the start on Day Two. Multiple Days’ Pay for Single Start Q14. What certification allowance is payable to a certified locomotive engineer for a start for which he is compensated for two or more basic days under agreement rules? A14. The employee is paid one $5.00 allowance for that Start. Fringe Benefits Protective Pay Q15. Are certification allowance payments received by a certified locomotive engineer included in his compensation for purposes of computing vacation pay entitlement? A15. Yes, when such vacation pay entitlement (for each week) is calculated on the basis of 1/52 of the previous calendar year’s compensation. If the vacation pay entitlement (for each week) is paid at the rate of the last service rendered, however, certification allowance payments received would not be taken into account because such allowance payments do not constitute an element of the pay rate. Q16. Are certification allowance payments credited toward guarantees in protective agreements or arrangements? A16. Yes, so long as the certification allowance is included for purposes of calculating Test Period Earnings for employees protection purposes under existing agreements or arrangements. Q17. Are certification allowance payments included for purposes of calculating Test Period Earnings for employee protection purposes under existing protective agreements or arrangements? A17. Yes. Offsets Q18. Does the certification allowance apply in addition to the Special Pay Differential established pursuant to Article V of the July 29, 1991 BLE Imposed Agreement? A18. Yes. Q19. Is the certification allowance payable in addition to payments required under existing rules for special allowances, differentials, arbitraries, and penalties? A19. Yes. |