text:
1996 MRL SYSTEM AGREEMENT
MONTANA RAIL LINK
Its Employees Represented By
THE BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
As modified in 1996
All references to UOE's have been changed to read Switch Foreman or Switchman
All Italicized print signifies revisions
Bold print paragraphs represent 1996, contract additions
This version of the contract has been annotated and cross referenced to side-letters and documents. The appropriate references have been changed to reflect current versions of the referenced documents. In the event of questions of interpretation, the original documents shall control.
In this Agreement between Montana Rail Link and its employees represented by the Brotherhood of Locomotive Engineers Signatures on the Agreements are not reproduced by the printer.
Originals are signed.
SECTION 1 00
ARTICLE 1 GENERAL PRINCIPLES 01
ARTICLE 2, QUALITY OF WORK LIFE 02
ARTICLE 3, POSITIONS – DEFINITIONS 03
ARTICLE 4, COMPENSATION – RATES OF PAY
22 1/2 HOUR RULE…………………………………..
TIME 1/2 WORKING HELPERS ON REST DAYS 04
SECTION II 08
ARTICLE 1, SENIORITY RIGHTS 09
ARTICLE 2, JOB PREFERENCE SYSTEM
WORK TRAIN ASSIGNMENT and work
Zones 11
ARTICLE 3, FILLING OF TEMPORARY VACANCIES 14
ARTICLE 4, SENIORITY FLOW-BACK
FILLING OF PERMANENT VACANCIES 17
ARTICLE 5, EXTRA BOARDS
held off 24 hours
HELENA 20
ABOLISHMENT AND ANNULMENT OF ASSIGNMENTS 22
ARTICLE 7, FLEXIBLE TIME SYSTEM 22
ARTICLE 8, CLAIMS OR GRIEVANCES
SETTING PRECEDENTS 24
ARTICLE 9, UNION REPRESENTATIVE LAYING OFF 25
ARTICLE 10, DISCIPLINE 25
ARTICLE 11, FINES 28
ARTICLE 12, NEUTRAL MEDICAL AUTHORITY 28
ARTICLE 13, HOURS OF SERVICE LAW
RELEASE BETWEEN TERMINALS
10 HOUR REST RULE 30
ARTICLE 14, LUNCH-PERIODS 30
ARTICLE 15, CREW REQUIREMENTS 31
ARTICLE 16, LAYING OFF AND REPORTING
MISSING CALLS 31
ARTICLE 17, DAYS OFF
RDO's 32
ARTICLE 18, ENGINES AND CABOOSES 32
ARTICLE 19, PAYMENT ON HOLIDAYS 33
ARTICLE 20, HELD AWAY-FROM HOME TERMINAL 33
ARTICLE 21, AWAY-FROM HOME EXPENSES 35
ARTICLE 22, REVERSE LODGING 35
ARTICLE 23, RUN-AROUND 36
ARTICLE 24, RESTORATION OF TURN
TURNED BACK IN ROUTE 36
ARTICLE 25, CALLING 36
ARTICLE 26, CALLED AND NOT USED
TWO HOUR PENALTY FOR CALL AND RELEASE 37
ARTICLE 27, CALLED – USED OTHER SERVICE
ARTICLE 28, PILOT SERVICE 37
ARTICLE 29, POINT FOR BEGINNING AND ENDING DAY 38
ARTICLE 30, TRAVEL TIME 38, 136
ARTICLE 31, CREW ADMINISTRATION 39
SECTION III 40
ARTICLE 1, JURY DUTY 41
ARTICLE 2, ATTENDING COURT 41
ARTICLE 3, LEAVE OF ABSENCE 42
ARTICLE 4, UNION SHOP AGREEMENT 42
ARTICLE 5, UNION DUES DEDUCTION 44
ARTICLE 6, EXAMINATIONS 44
ARTICLE 7, ATTENDING RULES CLASSES
CERTIFICATION RECERTIFICATION 45
ARTICLE 8, REDUCING FORCES 46
ARTICLE 9, CREW INFORMATION 47
ARTICLE 10, EMPLOYEE INFORMATION 47
ARTICLE 11, COPY OF AGREEMENT 47
ARTICLE 12, BULLETIN BOARDS AND AGREEMENTS 47
ARTICLE 13, LOCKER ROOMS 48
ARTICLE 14, NEW EMPLOYEES 48
ARTICLE 15, PROBATIONARY PERIOD 49
ARTICLE 16, RETIREMENT 49
ARTICLE 17, TERMINATION AND RETENTION OF
SENIORITY 50
ARTICLE 18, SAFETY EQUIPMENT 50
SECTION IV 51
ARTICLE 1, ENGINEERS TRAINING 52
ARTICLE 2, SWITCH FOREMAN TRAINING 57
ARTICLE 3, PROFIT PARTICIPATION PLAN 59
ARTICLE 4, 401 (K) SAVINGS PLAN 60
ARTICLE 5, HEALTH AND WELFARE
DENTAL GROUP LIFE
DISABILITY 61
ARTICLE 6, SWITCH FOREMAN AND SWITCHMAN 65
ARTICLE 7, EFFECTIVE DATE AND MORATORIUM 66
SECTION V 67
ARTICLE 1, SENIORITY 68
ARTICLE 2, ENTRY RATE 71
ARTICLE 3, TIME SYSTEM CREDIT 71
ARTICLE 4, PROBATIONARY PERIOD 71
SIDE LETTERS 72
POOL CREWS DOG CATCHING 73
CALLED IN EARLY
After 3 hours 77
MEALS 77
hours of service relief
assisting crews
filling temp. vacancies
switching 78
POOL CREWS HELPING TRAINS
or performing work train service 78
SWITCHES Vs HELPER 79
LOCALS DOG CATCHING
and/or changing direction 80
ENGINEER TRAINEE MANNING PROVISIONS 81
HELPER GUARANTEE OPTIONS 82
OVERTIME (SPLIT REST) 13 hour rule. 83, 145
FORCING to and from ZONES 13, 84
DEAD HEAD & TRAVEL TIME EXAMPLES 85
POOL RESTORATION 87
EXTRA BOARD HELD OFF 24hrs 87
DEAD HEAD OUT OF TURN 90
ASSISTING OTHER CREWS 91
EXTRA SWITCH Vs EXTRA LOCAL 93
BENEFITS COMMITTEE 95
LIVINGSTON EXTRA BOARD 97
HELENA EXTRA BOARD 98
EXTRA EMPLOYEES LAYING OFF 99
HOW EXTRA EMPLOYEES ARE PLACED WHEN CALLED 99
HOW EXTRA EMPLOYEES ARE PLACED AT TIE-UP 99
RULE G BY-PASS AGREEMENT 103
PREVENTION PROGRAM COMPANION AGREEMENT 104
LEGAL REST & SPLIT REST 107
HOW PERMANENT EMPLOYEES ARE PLACED ON BOARD 108
PUBLIC LAW BOARD 114
HOG BOARD 117,118
EXERCISING SENIORITY WHEN PLACING 119
LOCOMOTIVE ENGINEER SUPERVISOR 124
EXEMPTS RUNNING TRAIN 124
1996 AGREEMENTS AND REVISIONS 127
ARM RESTS 135
FILLING OF TEMPORARY SWITCH FOREMAN 154
This Agreement, as set forth below, made this 1st day of November, 1996, by and between Montana Rail Link, Inc., (the "Company" or "MRL") and its employees represented by the Brotherhood of Locomotive Engineers (the "Union" or "BLE"), amends the September 12, 1987, Labor Agreement between the Company and the Union (the "Labor Agreement"), as subsequently amended by the November 1, 1990, Agreement between the Company and the Union. This Agreement is in full settlement of the union's notices dated July 29, 1996, and the parties' desire to revise existing agreement provisions concerning rates of pay, rules and working conditions. Ref. Page 66, Article 7.
A. The parties to this Agreement agree that the fundamental objective of the railroad, its management and employees is to provide service to its customers in the most efficient manner. Accordingly, the parties agree that in interpreting and implementing this Agreement, paramount emphasis shall be placed on providing efficient service to customers.
B. This Agreement is intended to be based on cooperation, and as such, is a fundamental restructuring of the long-standing pattern of labor agreements in the railroad industry. Therefore, this Agreement supersedes all prior rail industry agreements and supersedes any awards, decisions, interpretations, understandings, or practices based thereon.
C. In the event that any Federal or state legislation, governmental regulations or court decisions cause invalidation of any portion hereof, this Agreement, such term, or provision shall be void and of no effect. All other terms and conditions of this Agreement shall remain in full force and effect.
D. These rules will govern the persons employed in the positions described in Article 4, of this Section.
E. The right to make and interpret contracts covering rules, rate of pay and working conditions on behalf of employees covered by this Agreement shall be vested in the regularly constituted General Committee of the Union.
F. Where the term "Union" appears herein, it shall be understood to mean the duly elected Officers or General Committee of the Brotherhood of Locomotive Engineers (BLE). Where the term "representative or employees' representative" appears it shall be understood to mean the duly accredited representative of the BLE. Where the term "Company" appears herein, it shall be understood to mean Montana Rail Link, Inc. Where the term "designated Company officer" appears it shall mean the officer of the Company who has been designated by the Company to handle such specific matters.
G. The use of such words as "he", "his", and "him" as they appear in this Agreement, are not intended to restrict the application of the Agreement or a particular rule to a particular sex, but are used solely for the purpose of grammatical convenience and clarity.
H. The provisions herein shall be applied, without discrimination, based on race, color, creed, religion, national origin, age, or sex.
I. This Agreement shall constitute a labor agreement between the Company and the Union and shall be uniformly applied to all employees collectively, except where otherwise specifically provided for herein.
J. The management of the business; the operation of the railroad; the right to place into effect any and all changes necessary to effect an efficient operation for the business are vested in the Company, subject to the limitations of this Agreement.
A. Montana Rail Link, Inc. recognizes the value of improving the quality of its employees' work life by providing time off, and minimizing time away from home whenever possible, subject to effective man power utilization. Therefore, sub-committees of management and labor representatives will be formed at regional levels and shall meet on any subject matter, mutually agreeable, to facilitate and maintain a safe efficient operation, consistent with principles as specified in this Agreement. The parties hereto shall meet periodically, not less than once per annum, to review jointly this Agreement and the application thereof.
B. Once each year, up to five (5) employees who are designated to attend a Quality of Work Life meeting shall be made whole for time lost. However, not more than one (1) employee from each pool shall be eligible to receive reimbursement for time lost.
POSITIONS – DEFINITIONS
Operating Positions
A. Engineer:
1. An Engineer shall operate locomotives (engine(s) and remote control devices used to operate locomotive engine(s)) and trains in switcher, local, work train, through expediter, and all other types of freight and passenger train operations on all rail lines of the Company. All such positions will be filled from the Engineers' roster.
2.It is understood that the duties and responsibilities of Engineers will not be assigned to others. If a new type of locomotive or other mode of power is placed in service by the railroad company, Engineers will be instructed in the operation of the new type of equipment and will be used to operate it.
3.Engineers shall also perform other tasks including supervising Assistant Engineers and Switchmen in train operations, coupling and uncoupling cars, inspecting trains, throwing switches, locking and unlocking derails, coupling and uncoupling air hoses, relieving other employees, inspecting trains, training Assistant Engineers and Switchmen, receiving train orders and/or track warrants, receiving and delivering waybills and bills of lading, contacting customers and other duties as assigned.
4.While on duty, the Engineer shall be in charge of the locomotive consist, and shall be responsible for the safe and efficient operation of the locomotive consist and the cars or train to which coupled. All persons occupying the locomotive consist, except Company officials, shall obey the instructions of the Engineer in connection with the safe and efficient operation of the locomotive consist and cars or train. (Ref. page 124).
B. Assistant Engineer:
1.An Assistant Engineer shall operate locomotives and trains in switcher, local, through expediter and all other types of freight and passenger train operations. Assistant Engineers shall also perform other tasks including coupling and uncoupling cars, inspecting trains, throwing switches, locking and unlocking derails, coupling and uncoupling air hoses, relieving
Engineers and Switchmen, receiving train orders and/or track warrants, receiving and delivering waybills and bills of lading, contacting customers and other duties as assigned, including duties assigned by the Engineer.
C. Switch Foremen:
1.Switch Foremen shall assist Engineers in the classification of cars in terminals and in the other duties as assigned, including duties assigned by an Engineer.
2. Engineers, Switch Foremen and Switchmen may perform all work directly or indirectly related to the service to be performed.
3. Switch Foremen shall be in line for promotion to Assistant Engineer and Engineer on a seniority basis.
4. Assistant Engineers and Engineers shall have flow-back rights to the position of Switch Foremen and Switchmen on a seniority basis.
D. Switchmen:
1.Switchmen shall assist Engineers and Assistant Engineers and/or Switch Foremen in the performance of the foregoing duties and other duties as assigned, including duties assigned by an Engineer, Assistant Engineer or Switch Foremen.
3. Switchmen shall be in line for promotion to Switch Foremen, Assistant Engineer and Engineer on a seniority basis.
COMPENSATION – RATES OF PAY
Engineers, Assistant Engineers and Switchmen
A. Local and Through Service:
Except as otherwise provided for herein, the daily rate of pay applicable to Engineers, Assistant Engineers or Switchmen operating in local and through service, shall constitute the minimum and maximum daily payment regardless of the miles run or hours worked for any single trip or tour of duty.
B. Switcher and Helper Service:
Eight (8) hours or less shall constitute a single day's work or tour of duty for Engineers, Assistant Engineers and Switchmen in switcher and helper service.
C. Rates of Pay:
(Not duplicated in this format)
*It is understood that the initial general wage increase provided for in Section I, Article 4, Paragraph C, 1, above shall not apply to these adjusted local freight rates of pay. However, all subsequent general wage increases provided for in Article 4, shall be applied to such rates. Ref. Side letter, page 147.
2.In helper service, all time worked in excess of eight (8) hours shall be paid for as overtime, on the minute basis, at one and one-half (1½) times the hourly rate.
3.Where an extra employee commences service on a second shift, following a prior shift at straight time rates in a twenty-four (24) hour period, the employee shall be paid at time and one-half (1½) rate for such second shift, except when it is started twenty-two and one-half (22½) to twenty-four (24) hours from the starting time of the first shift.
4.A tour of duty in through, local or switcher service shall not be used to require payment of overtime under Item 3 hereof in helper service.
5.The overtime rate provided under Item 3, hereof shall not be applicable when exercising seniority rights.
D. Switcher Service:
1.The following rates of pay shall apply to employees operating in switcher services:
2.All time worked in excess of eight (8) hours but less than or equal to eight (8) hours and fifteen (15) minutes shall be paid for as overtime, on the minute basis, at the straight time hourly rate. When a crew works in excess of eight (8) hours fifteen, (15) minutes the crew shall be paid for all time in excess of eight (8) hours as overtime, on the minute basis, at one and one-half (1 ½) times the hourly rate.
4.A tour of duty in through, local or helper service shall not be used to require payment of overtime under Item 3, hereof in switcher service.
E. Passenger Service: Ref. page 148.
F. Relief Assignments:
1.The Company may establish regular relief assignments to relieve assignments in different classes of service. All such relief assignments shall be five (5) day assignments with the crew requirements of such relief assignments to be determined based upon the preponderance of days of service being relieved. Employees on such assignments shall be paid the rate of pay applicable to the class of service being relieved on that day or shift. Pursuant to existing bulletin requirements, bulletins for such relief assignments will specify which assignments are being relieved and on which particular days such relief will occur.
Example 1: Relief assignment to be established to provide relief of a local for three (3) days per week and a switcher for the other two (2) days: such assignment will be bulletined for not less than one (1) engineer and one (1) assistant engineer.
1996 AGREEMENT
GENERAL WAGE INCREASES
Except as otherwise provided in this Agreement, the basic hourly and daily rates of pay in effect for positions set forth in the Labor Agreement, as amended, shall be increased as follows:
(A) Subject to the provisions of Side Letter No. 1, effective January 1, 1996, such rates of pay in effect on December 31, 1995, shall be increased by four (4) percent. Ref. page 147.
(B Effective April 1, 1997, such rates of pay in effect on March 31, 1997, shall be increased by three (3) percent.
(C) Effective April 1, 1998, such rates of pay in effect on March 31, 1998, shall be increased by three (3) percent.
(D) Effective April 1, 1999, such rates of pay in effect on March 31, 1999, shall be increased by three (3) percent.
(E) Effective April 1, 2000, such rates of pay in effect on March 31, 2000, shall be increased by three (3) percent.
(F) In determining new daily or hourly rates of pay, fractions of a cent shall be disposed of by rounding to the closest full cent (i.e., .5 cent or above will be rounded to the next higher cent).
SENIORITY RIGHTS
A. Except as provided in Section IV, Article 1, Paragraph F, of the Implementing Agreement, the seniority of employees subject to this Agreement shall date from the time they begin their first tour of duty. Ref. Section III, Article 15, page 49.
B. The right to work positions and assignments shall be governed by seniority.
C .Seniority rosters of employees covered by this Agreement showing date of employment, promotion and date of birth shall be posted on bulletin boards at all terminals in January of each year. Union representatives shall be furnished a copy. NOTE: A statute of limitation of sixty (60) days from the date of posting is hereby fixed to take up or appeal a case of seniority. If sixty (60) days has elapsed without any protest having been filed in such case, it cannot be taken up by the Union or Company.
D. Employees leaving the service of the Company shall, upon request, be given a service letter signed by the designated Company officer showing the time of service and the capacity in which employed.
E. Employees shall not be permitted to waive their seniority standing and promotional responsibilities, except as provided herein.
F. The Company's entire railroad system shall constitute a single seniority district over which employees may exercise their seniority to positions, subject to the provisions provided for herein.
JOB PREFERENCE SYSTEM
This Article 2, Job Preference System shall become effective immediately and shall cancel and replace Section II, Article 2, of the MRL/BLE Agreement in its entirety.
A. The bidding and selection of permanent vacancies on MRL will be accomplished in accordance with this Article 2. All new assignments or permanent vacancies will be bulletined for seven (7) days. All employees will have, on file, a job preference sheet listing all desired jobs in order of preference. Job preference sheets will be on file no later than forty-eight (48) hours prior to the effective time of the bulletins. Job preference sheets may be submitted at any time, but will not become effective until forty-eight (48) hours after submitted (except as hereafter provided) at which time sheets will be dated and time stamped by the employee designated to receive them.
EXCEPTION: An employee force assigned from one zone to another will be allowed to submit a job preference sheet upon arrival at the new zone (prior to performing service), and will be assigned accordingly to any job to which entitled by seniority and qualifications. In this instance, the job preference sheet will be effective immediately, without regard to the forty-eight (48) hour provision.
When more than one (1) employee in the same class of service is forced to an outside point, the senior employee will have the option of reassignment when relieved or when relief is available. An employee desiring reassignment in this regard, should request reassignment at the time called, or upon reporting to the new zone, before performing service.
1. Only one (1) job preference sheet will be effective at any given time.
2. Job selection sheets having preference shown at more than one (1) location shall be sent via fax, Company mail, or U.S. Mail after being timed and dated, to each crew office where preferences are shown. The Company or its representatives will cooperate to the extent necessary to accomplish sending bid sheets to other locations.
B. Desired changes in job preference will be valid only when submitted on a new form which must be dated and stamped as above. No changes (erasures, deletions, or additions) may be made except by submitting a new job preference sheet.
C. Job listing sheets providing the following information (with a copy sent to the Local Chairman in each zone) will be prepared and posted by the Company: (1) list of all road and yard assignments in the seniority system; (2) description and number of each assignment. These listings will be posted on all bulletin boards where employees go, on or off duty. A job preference form shall be made available to all employees that will permit them to indicate their preference of assignment to regular assignments, pool turns and/or extra board service, in order of their preference choices identifying Engineer, Assistant Engineer, Switch Foremen, and Switchmen.
D. Bulletins shall include the following information:
Minimum crew size (not applicable to pool service).
Starting time.
On and off duty points.
Days off.
Days of assignment.
Terminals of run.
Closing time of bulletin.
Officer and location where bids are to be received.
Date assignment is to take effect.
Class of service. (Refer page 136 and Sect II, Art 29, page 38.)
1.Successful job applicants will be notified and shown on assignment of job bulletin.
2.Employees may bid any job in either zone consistent with bulletins posted and their seniority and qualifications.
3.Except in situations that the Company determines are emergencies, any change in the starting time by more than two (2) hours, on-off duty points, days off, days of assignment, rate of pay, or terminals of run will constitute a change in the job, and will require the job to be bulletined as a new assignment for the seven (7) day period. The employee(s) on the job may elect to remain on the job during the bulletin period (if job is not abolished). Refer Page 77.
4.A reduction in the number of crew members, according to the bulletin of an assignment (excluding pool service), for five (5) consecutive days will require rebulletin of such job or assignment, and the crew members thereon will be allowed to exercise seniority to the next highest preference, as indicated on their job preference sheet on the sixth day.
Vacancies created, resultant from an employee electing to move in accordance with this provision, will be filled from the appropriate extra board during the bulletin period. An employee electing to remain on the position, after the sixth day, shall not be moved, and that part of the bulletin applicable to his/her position will be considered canceled.
E. Employees who are displaced from a permanent assignment (pool turn, local, helper, switcher, extra list, etc.) will be allowed to file a new job selection sheet within forty-eight (48) hours, which will become effective immediately, and the employee shall be placed according to the highest preference as shown on that job selection sheet. Employees not filing a new job selection sheet within forty-eight (48) hours of the displacement will be placed according to the sheet on file.
1.Employees displacing or bumping onto a permanent vacancy in a pool will displace the junior Engineer or Assistant Engineer or Switchmen, whichever is applicable, holding a regular job in such pool. An unoccupied turn in a pool will be deemed junior to an occupied turn. Ref. to Page 119.
2.Permanent vacancies in established service will be immediately assigned to the senior employee showing preference therefore on his/her job preference sheet.
F. Employees, other than as defined in Paragraphs A, and E, hereof, awarded jobs per their job selection sheets will be required to physically be available for service on the acquired job, within twenty-four (24) hours from notification of assignment. The twenty-four (24) hour period may be extended upon request consistent with the needs of the parties.
G. Employees who do not have access to bulletin(s) due to vacation, lay off, sickness, or authorized leave shall be allowed to submit a bid upon return from leave and be assigned accordingly. Such selection and bid must be made before performing any service. In this instance, the bid will be effective immediately, without regard to the forty-eight (48) hour provision.
1.Employees shall be considered as having access to a bulletin if the employee went on or off duty at a location where bulletins are posted during the bulletin period.
2.All bulletins must be posted at all points where crews go on and/or off duty, including outlying points.
H. There will be two (2) "Sadie Hawkins Days" in March and September of each calendar year. The Sadie Hawkins Days will be advertised by bulletin for no less than ten (10) days in advance of implementation. Engineers, Assistant Engineers, Switch Foremen and Switchmen must have a job preference sheet on file at least forty-eight (48) hours in advance of the Sadie Hawkins Day. The job selection sheet will show the Employee's preference for all jobs in the zone where presently working and also in the zone(s) which the employee is not working. No additional Sadie Hawkins Days will be scheduled except by agreement between the Local Chairman and the designated officer of the Company. All seniority moves resultant from additional Sadie Hawkins Days will be confined to that particular zone in which held.
I. Employees displaced who have no job preference sheet on file or who fail to file a new sheet in accordance with Paragraph E, will displace the junior employee in the zone.
J. Employees displacing onto jobs, with scheduled starting times at outlying points, shall notify the crew office of displacement prior to the completion of tour on the day prior to mark up, providing such employee had a free exercise of seniority during the tour of duty of the employee to be displaced.
K. Employees not properly placed by the Company in accordance with these provisions will be paid not less than two (2) hours at switcher rate, or earnings lost resultant from misplacement, whichever is the greater. An employee improperly placed must notify the appropriate crew office of such error prior to the end of the shift, or where pool or extra service is involved, prior to tie-up at the home terminal. An employee who fails to notify crew office in accordance with this provision will waive any penalty due herewith.
L .Zone(s) as referred to in this Agreement are defined below:
MISSOULA ZONE
Embraces all switcher, road, helper, and local service between Spokane, Washington, and Helena, Montana, for which Missoula will be the source of supply. This includes all switcher, road, helper, and local service headquartered at Missoula or Helena and all branch line and temporary assignments working between Spokane and Helena.
LAUREL ZONE
Embraces all switcher, road, helper, and local service between Huntley, Montana, and Helena, (except service headquartered at Helena) for which Laurel will be the source of supply and all branch line and temporary assignments working between Huntley and Helena, excluding Helena. Engineers, Assistant Engineers, Switch Foremen and Switchmen shall not be forced between the Missoula and Laurel zones except, if by not forcing, the Company would be required to hire an employee in either zone.
M. When Local, Switcher, or Helper assignments are annulled for any reason for one (1) day or more, employees holding positions thereon shall be allowed one (1) basic day's pay, at the applicable rate of the position held, for each day or days such assignments are annulled.
FILLING TEMPORARY VACANCIES
A. Temporary vacancies are defined as any vacancy created by absence for the regularly assigned employee (excluding extra board employees) for any reason for thirty (30) days or less.
Such vacancies will be filled by the appropriate extra board for the first seven (7) days. Thereafter the vacancy will be open to seniority for the duration of the temporary vacancy. Ref. page 143.
EXCEPTION: A temporary vacancy that is reasonably expected to, or does last more than thirty (30) days, excluding time system withdrawals, shall be declared permanent. A vacancy so declared permanent shall immediately be assigned according to job preference sheets on file. The expected length of a vacancy shall be determined by the Local Chairman and the Local Company Officer, based on the available information.
B. Any temporary vacancy existing for thirty (30) consecutive days (excluding time system withdrawals) will be considered permanent and assigned on the thirty-first (31st) day according to job preference sheets on file.
C. An employee whose vacancy was declared permanent in accordance with the preceding paragraphs will, upon mark up and before performing service, be allowed to file a new job selection sheet and be assigned accordingly without regard to the forty-eight (48) hour provision.
D. During the first seven (7) days, Engineer temporary vacancies will be filled in the following order:
1.By the first-out Engineer on the extra board (Engineer) at the source of supply for the job assignment.
2.By the Assistant Engineer on the job/assignment (if promoted and qualified).
3.By the first-out qualified, promoted Engineer on the Switchmen extra board at the source of supply.
4.By the senior, qualified, promoted Engineer working as Switchmen on the job/assignment. Ref. paragraph I, page 15.
5.Hogboard. Ref. page 117 and 118.
6.Section II, Article 3 – Filling of Temporary Vacancies, paragraph (D) (6) of Labor Agreement is revised and replaced as follows:
By the last out rested Assistant Engineer in a pool at the source of supply. An Assistant Engineer used in this Item 6, will be replaced by the first available qualified, promoted Engineer identified in Items 1, 2 or 3. Assistant Engineers used under this Item 6, will be made whole for time lost from his/her regular pool assignment.
E. During the first seven (7) days Assistant Engineer temporary vacancies will be filled as follows:
1.By the first-out Engineer on the extra board (Engineer) at the source of supply.
2.By the first-out qualified, promoted Engineer on the Switchman extra board at the source of supply.
3.By the senior, qualified, promoted Engineer working as Switchman on the job/assignment.
4.By the senior, non-promoted Switchman on the job/assignment.
F. Temporary vacancies of Switchmen will be filled by the Switchman's extra board for the first seven (7) days. Ref. pages 133 and 154.
G. Temporary vacancies eligible for seniority choice after seven (7) days on which no employee has placed will be filled in accordance with Paragraph D, E, or F, hereof, whichever is applicable.
H. The Company shall maintain a sufficient force of extra employees in each zone to protect temporary vacancies, including layoffs, in all classes of operating service.
I. Except as provided in Paragraph D, Item 4, extra employees, called to fill temporary vacancies at an outlying point, will protect such vacancy for seven (7) days or until completion of tour of duty of the last day of the work week of the assignment. Ref. pages 39, 97, 98, 125.
EXAMPLE: Outlying job assigned Monday-Friday (Saturday, Sunday days off), employee called to protect outlying job on Wednesday. Such employee will, if he/she so desires, and notifies the proper Company employee, be relieved upon completion of the job on Friday. An employee called to protect this same job on Monday will continue to protect the vacancy until Friday (or the last day of the work week preceding assignment's days off).
It is understood that the employee will be relieved when the regularly assigned employee marks up and is available for service. Any travel time payment that may accrue (pursuant to Section II, Article 30, hereof) under this Agreement will be paid only to the first employee going to and to the last employee returning from the job. Ref. Section II, Article 30, page 38.
J. The term "work week" for regularly assigned employees, shall mean a week beginning on the first day on which the assignment is bulletined to work and ending on the last week day preceding the assigned days off.
K. Employees voluntarily placing on temporary vacancies will remain on such vacancy until:
1. The regular employee returns, or
2. Removed by a senior employee placing on the vacancy. Employees removed from a temporary vacancy as a result of Items 1, or 2, above will revert to their former assignment or job. Ref. page. 138.
3. Awarded a permanent vacancy in accordance with the job preference system. In this event, the employee may elect to remain on the temporary vacancy provided such vacancy is not in the same pool as is the employee's permanent assignment.
This Agreement modifies existing provisions as expressly provided herein. In the event of conflict regarding the subject matter herein, this Article 3, shall govern.
SENIORITY FLOW-BACK
FILLING OF PERMANENT VACANCIES
This provision sets forth the manner in which employees, as defined herein, may bid and be assigned to operating positions on Montana Rail Link and how "flow-back" will apply. "Operating positions," as referred to herein, shall include positions as Engineer(s), Assistant Engineer(s), Switch Foremen and Switchmen.
It Is Agreed:
1. A. Whenever the number of qualified, promoted Locomotive Engineers in a zone exceed the number of Engineers positions in that zone, a number of Engineers equal to the excess will be allowed to place themselves as Assistant Engineers, in accordance with their seniority dates on the Engineers roster. Engineers placing into a pool as Assistant Engineers in accordance with this provision will displace the most junior Engineer occupying an Assistant Engineer position in that pool. Ref. page 119.
In any case where Assistant Engineer positions are occupied by non-promoted, non-qualified employees the most junior, non-qualified, non-promoted employee working as Assistant Engineer in that pool will be displaced.
NOTE: In cases where employees having opted to "flow back" are again recalled to a craft, such employees will have the opportunity to submit a bid and be assigned in the craft and zone to which recalled, in accordance with their seniority standing in that craft and applicable rules.
B. Engineers' permanent vacancies will be filled, as follows:
1.By the senior, qualified, promoted Engineer showing preference therefore according to a timely filed bid sheet;
2.If no bids on file, by assigning the most junior, qualified, promoted Engineer, working as other than Engineer, at the location of the vacancy; (NOTE: to apply) if none,
3.By assigning the most junior, qualified, promoted Engineer working as other than Engineer in the zone where the vacancy exists; (NOTE: to apply) if none,
4.By assigning the junior, qualified, promoted Engineer working as other than Engineer in the seniority district (NOTE: to apply).
5.Under no circumstances will Engineer positions be filled by other than qualified, promoted Locomotive Engineers who have acquired seniority, as such, on Montana Rail Link. Div. 232 Ref. page 125.
2. Whenever the number of qualified, promoted Engineers exceeds the number of Engineer/Assistant Engineer positions in the seniority district, a number of qualified, promoted Engineers equal to the excess, will be allowed to place on permanent vacancies as Switch Foremen and/or Switchmen in accordance with timely filed bid sheets and their Switchman seniority.
3.Assistant Engineer permanent vacancies will be filled by qualified, promoted Locomotive Engineers to the extent such qualified, promoted Engineers are available.
A. Assistant Engineer permanent vacancies which cannot be filled by qualified, promoted Engineers, due to an insufficient quantity of such, will be filled by non-promoted, non-qualified Switchmen in accordance with timely filed bid sheets and their Switchman seniority. Ref. pages 84 and 153.
B. Assistant Engineer permanent vacancies will be filled, as follows:
1.By the senior, qualified, promoted Engineer showing preference therefore, on a timely filed bid sheet.
2.If no bids on file, by the most junior, qualified, promoted Engineer working as Switchman or Switch Foreman at the location where the vacancy exists; if none,
3.By the most junior, qualified, promoted Engineer working as Switchman or Switch Foreman in the zone where the vacancy exists; if none,
4.By the most junior, qualified, promoted Engineer working as Switchman or Switch Foreman in the seniority district; if none,
5.By the senior, non-qualified Switchman showing preference therefore on a timely filed bid sheet. Ref. page 153.
4.A.Permanent Switch Foremen vacancies will be filled as follows:
1.By the senior, qualified Switch Foremen showing preference therefore according to a timely filed bid sheet.
2.If no bid(s) received, by assigning the most junior, qualified Switch Foremen working as Switchmen at the location where the vacancy exists; (with Paragraph 1. A, NOTE: hereof to apply) if none,
3.By assigning the most junior, qualified Switch Foremen working as Switchmen in the zone where the vacancy exists (with Paragraph 1. A, NOTE: hereof to apply).
B. Permanent Switchmen vacancies will be filled as follows:
1.By the senior Switchmen showing preference therefore according to a timely filed bid sheet.
2.If no bid(s) received, by assigning the most junior Switchmen from the Switchmen extra list at the source of supply for the vacancy.
5.In the event a locomotive engineer's certificate is revoked pursuant to Federal Railroad Administration regulations for a period in excess of thirty (30) days, such decertified engineer may flow-back and assume the position occupied by the junior-most Switchman in the Engineer's zone at the time of the revocation, provided such action is consistent with any discipline assessed by the Company. After displacing the junior-most Switchman, the decertified Engineer may later bid only on permanent or temporary Switchman vacancies (excluding Assistant Engineer) in the seniority district in accordance with his/her Switchman, seniority and applicable agreement provisions. When the decertified engineer is allowed to resume Engineer status, the Engineer will be allowed to submit a new bid sheet and be governed by that new bid sheet in Engineer placement, consistent with the applicable agreement provisions.
This Agreement modifies existing provisions as expressly provided herein. In the event of conflict relative to the subject matter herein, this Article 4, shall govern.
EXTRA BOARDS
Article 5, extra boards modified by the 1990, and 1996, Agreements to read as follows:
A. The Company shall maintain extra boards at the following locations:
Extra board location/assignments originating at: (Ref. pages 97, 98, and 110.)
All assignments originating between Spokane, Washington and Helena, Montana, including Helena. Ref. page 98.
All assignments originating between Helena, Montana, and Huntley, Montana, excluding Helena. .Ref. page 97.
A. The Company may establish additional extra boards at designated terminals, subject to the approval of the Union.
B. All extra boards shall operate on a first-in, first-out basis. Ref. page 110.
C. Extra employees shall be called for service not less than two (2) hours before the time required to report for duty.
D. Engineers' extra boards shall be regulated jointly by the Company and the Local Chairman in such a manner that will afford Engineers or Assistant Engineers on extra boards a minimum pay of $1,432.34 per fourteen (14) day period in each semi-monthly period the employee was available for work. The Company shall regulate Switchmen/Switchman extra boards. Such Switchmen- Switchman extra boards shall be regulated in such a manner that it will afford Switchmen/Switchman on extra boards a minimum pay of $1,241.36 per fourteen (14) day period in each semi-monthly period the employee was available for work. When employees mark off, miss calls or are otherwise unavailable for service in a fourteen (14) day period, the minimum payment shall be reduced by one tenth (110) for each day missed. The Company shall make available the necessary data and records to the Local Chairman for the purpose of assisting in regulating the Engineers' extra board. The minimum pay amounts herein, shall be increased by the annual general wage increase percentages set out in Section I, Article 4, of the November 1, 1996, Agreement. The minimum pay amounts herein, shall be reduced for new employees by the same percentage factors set out in Section III, Article 14, of the 1987, Agreement. Notwithstanding any provision to the contrary herein, the Company may reduce the number of employees on extra boards in cases of emergencies resulting in a partial or total suspension of service. For the purposes of this Article, "emergencies" are defined as wrecks, washouts and snow blockades.
E. On a monthly basis, extra employees may elect to have two (2) designated days off per semi-monthly period. Employees so electing must notify the designated Company officer five (5) days prior to the start of the calendar month to which the election applies. Employees shall also indicate their preference for days off at this time. If requests for days off conflict, seniority shall control. Ref.page 155.
If an employee is placed on an extra board at some point during a calendar month, he/she shall not be eligible for designated days off until the following calendar month. Extra employees used on their designated days off shall be paid time and one-half at the applicable rate, provided however, that such payment shall be deducted from the minimum payment, if any, otherwise due pursuant to Paragraph D, hereof.
F. Extra employees who are called for service, and are unavailable, shall be placed last out on the board to which assigned. Ref. pages 87, 99, 110 and 140. 1.Extra employees laying off, on call or not available at call time for an outlying job/assignment will, upon mark up, be sent to relieve the individual that was called instead to fill the position at the outlying point, provided; the individual sent, has requested to be relieved. Ref. page 99.
G. When two extra Engineers are called for the same time but on different jobs/assignments, the engineer standing first out will be given choice of jobs/assignments.
H. When two extra Engineers are needed for the same crew, the senior of the two will be given choice of positions (Engineer or Assistant Engineer). The two extra engineers thus called will be placed back on the board in the same order as when called.
1.Placement of extra employees shall be governed by "arrival time" when returning to the board from use on jobs without scheduled starts. "Tie-up time" shall govern placement for extra employees used on jobs with scheduled start times.
I. When two Switchmen are called from the extra board for the same time, but on different jobs/assignments, the Switchmen standing first out will be given choice of jobs/assignments.
J. When two Switchmen are called from the extra board for the same crew, the senior will be given choice of positions, provided such employee meets qualifications necessary. The two Switchmen, thus called, will be placed back on the board in the same order as when called.
K. Extra board employees laying off, or missing call, will remain off for a minimum of twenty-four (24) hours. Such employees may be used before the expiration of twenty-four (24) hours if no other employees are available. Ref. Pages 21, 87, 110 and 140. NOTE: Placement of extra Switchmen on the Switchman's extra board shall be in accordance with Paragraph H, Item 1, above.
ABOLISHMENT AND ANNULMENT OF ASSIGNMENTS
When assignments are to be abolished or annulled on work days, employees assigned thereto shall be notified during the preceding tour of duty, except in emergency conditions such as derailment, fire, or Act of Providence (flood, storm, etc.). Ref. Sect II, Art 2, Paragraph M Page 13.
FLEXIBLE TIME SYSTEM
Article 7, Flexible Time System modified by the 1990, and 1996, Agreements to read as follows:
A. The terms of this Agreement are intended to be in lieu of vacation, holiday, sick leaves, supplemental sickness, personal and bereavement leave arrangements.
B. In order to qualify for flexible time system purposes, an employee must have total gross earnings in excess of $13,600 or 160 working days during the twelve (12) month period (i.e., November 1, to October 31,) immediately preceding the November 1, upon which credits to the time bank will be made.
C. Credits to the time bank will be made on each November 1, under the following formula:
After one (1) qualifying year = seventeen (17) days.
After two (2) qualifying years = twenty-two (22) days.
After ten (10) qualifying years = twenty-eight (28) days.
D. Additional credits will be made on each November 1, under the following formula, to those who meet the specified criteria: Completion of a one (1) year period from (November 1, to October 31) without a reportable injury under Federal Railroad Administration guidelines = three (3) days.
E. Generally, requests for flexible time system withdrawals will be granted, contingent upon service requirement, on a seniority basis.
1.Time system withdrawals for less than a single day will not be permitted. Requests for single-day withdrawals on any national holiday, the day after Thanksgiving, and Christmas Eve must be requested at least two (2) weeks in advance. The Company pledges to make special efforts to honor the maximum feasible number of requests for time off and for flexible time system payments on those dates.
2.Single-day requests, at other times, may be made upon twenty-four (24) hour notice of an appropriate Company officer.
3.Requests for extended time system withdrawals (with a one (1) week minimum) made at the beginning of the time credit year will be granted in seniority order consistent with service requirements. Employees shall be notified of the acceptability of such requests within thirty (30) days, subject however, to subsequent modification if service requirements so dictate. Requests made at the beginning of the time credit year will have priority over later requests.
4.Payments made for each day of flex time will be paid 1/365 of the employee's previous years wages earned, or the average daily rate of the thirty (30) days worked (working time slips), excluding deadheads, immediately prior to the day flex time is taken, whichever is greater.
F. Employees will have an option to either:
1.Take all of the days in the flexible time system before November 1, of a given year; or
2.Receive pay for any untaken time at a pay period before Christmas.
CLAIMS OR GRIEVANCES
Article 8, Claims or Grievances modified by the 1990, Agreement to read as follows:
A. All claims or grievances must be presented in writing, by or on behalf of the employee involved, to the officer of the Company authorized to receive same, within sixty (60) days from the date of occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall within thirty (30) days from the date same is filed, notify the employee or his/her duly accredited representative of the reasons for such disallowance.
B. If a disallowed claim or grievance is to be appealed, such appeal shall be taken to the Company officer designated to handle claims or grievances within sixty (60) days from receipt of notice of disallowance from the first officer of the Company. Should any such appeal be disallowed, the Company shall within sixty (60) days from the date same is filed, notify in writing the employee or his/her duly accredited representative of the reasons for such disallowance. Upon failure to comply with these provisions by the Union, the matter shall be considered closed. Upon failure to comply with these provisions by the Company, the claim shall be paid. In any case, neither of the foregoing shall be considered a precedent or waiver of the contentions of the employees or Company as to other similar claims or grievances.
C. If the claim or grievance is denied under Paragraph B, the General Chairman has ninety (90) days to appeal the claim, to the Company officer designated to handle claims, or the claim shall be considered waived. The Company officer must decline the claim within ninety (90) days or the claim will be allowed. Failure to comply with the time limits under this Section will not be considered as a precedent for either party in similar grievances.
D. If a claim remains denied under Paragraph C, the decision is binding unless within six (6) months of the date of this written decision, proceedings are instituted by the organization to a tribunal having jurisdiction to dispose of said claims.
E. A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant, or claimants, involved thereby, shall, under this Article, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than thirty (30) days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.
F. This rule recognizes the right of representatives of the Union party hereto, to file, amend, and progress claims and grievances for and on behalf of the employees they represent.
G. Only claims that are appealed can serve as precedents. No resolution of any kind at the initial level will have any binding effect on either party.
H. Time limits as defined under this Agreement may be extended at any level by mutual consent of the parties.
UNION REPRESENTATIVE LAYING OFF
Employees engaged in Union business shall be granted the right to lay off as necessary, upon request.
Article 10, Discipline, is modified by the 1990, and 1996, Agreements to read as follows:
A. Employees who have completed the probationary period shall not be dismissed without just cause and without a fair and impartial fact-finding session. Subject to the provisions below, employees may be assessed discipline for rule infractions without a fact-finding session. If, after review of the incident, the decision is made that discipline is appropriate, it must be assessed within ten (10) days of the incident or knowledge of the incident being known to the Company. The Company will notify the employee of its decision and at that time afford the employee the opportunity to meet with the designated Company officer to discuss the matter. The discipline assessed may include a stipulation that the discipline action will be removed from the employee's record under specific circumstances. In cases where discipline is assessed without a fact-finding session the employee may decline the discipline by requesting a fact-finding session. Failure of the employee to request a fact-finding session within the ten (10) day time limit will be considered acceptance of the discipline assessed and waiver of right of appeal. The request for fact-finding must be made in writing to the Superintendent and received within ten (10) days of discipline being assessed. If the request is sent via U.S. Mail, it must be postmarked within the ten (10) day period. Upon request for a fact-finding session, the discipline previously assessed shall be void and shall not be considered in the fact-finding session. Any discussion of discipline prior to a fact-finding session will not be construed as an admission of guilt by the employee or pre-judgment by the Company. The Superintendent shall schedule a fact-finding session to be held within ten (10) days of the receipt of the request. The fact-finding session will be conducted by a Company supervisor with the employee, and his/her duly accredited Union representative, if desired, in attendance. Each of the parties may have witnesses present at the fact-finding session if desired. Employees required by the company to attend the fact-finding session during regular assigned hours will be made whole for time lost. Fact-finding sessions commencing outside assigned hours will be paid for on a minute basis at straight time rate. If discipline is assessed as a result of a fact-finding, it shall be assessed within thirty-five (35) days of the close of the fact-finding session. Where discipline is assessed, the Company will provide a written, complete and accurate record (transcript) of the proceedings to the BLE Local Chairman by Certified Mail, return receipt requested, and to the principals and representatives where requested within the thirty-five (35) day period.
B. Employees who have completed the probationary period shall not be dismissed without just cause and without a fair and impartial fact-finding session. Employees may, however, in cases management determines to be serious (such as theft, altercation, Rule "G" violations, insubordination, major accidents, serious misconduct, etc.) be held out of service pending fact-finding. It is understood that any employee held out of service under this Article and, as a result of the fact-finding proceeding is found to have not violated the rules will be reinstated immediately and paid for time lost. Refer to Discipline Chart, page 157.
C. If the General Chairman desires to appeal the discipline assessed as a result of the fact-finding, a written appeal will be processed to the highest designated Company officer within sixty (60) calendar days from the date the transcript was received by the Local Chairman.
D. Decision of the highest designated Company officer shall be made within sixty (60) days from receipt of the General Chairman's appeal.
E. If the decision of the highest designated Company officer is not to reverse the discipline, the General Chairman may request a conference to discuss the case. Such conference request must be made in writing within sixty (60) calendar days of the highest designated Company officer's denial of the appeal. Conference between the General Chairman and the highest designated Company officer shall be held within sixty (60) calendar days of receipt of the General Chairman's request. If the issue is not resolved in conference, either party may within ninety (90) calendar days of the date the conference was held, submit the case to arbitration. Listing of the issue to arbitration by either party within the aforementioned ninety (90) day period will serve to preserve all time limits thereafter.
F. If it is found as a result of a fact-finding that an employee has been unjustly disciplined or dismissed, such discipline shall be set aside and removed from the record. The Employee shall be reinstated with his/her seniority rights unimpaired, and shall be compensated for wage loss, if any, suffered by him/her, resulting from such discipline or suspension.
G. In a joint effort by management and labor to promote safety and efficiency, and to ensure that all employees are well schooled on matters pertaining to compliance with safety and operating rules, the Company has adopted a voluntary educational program which, when appropriate, will serve as an alternative to discipline. The use of an educational program as an alternative to discipline (deferred days, suspension, dismissal, etc.) shall be at the discretion of the designated Company officer. The offer of education will be made in those instances involving an operating rule(s) infraction and the incident indicates that the employee(s) will benefit from classroom instruction and/or on-the-job-training. An employee who is found responsible for violating an operating rule(s) by evidence developed at a formal fact-finding session, accepts discipline underParagraph A, of this Article, may with the approval of the designated Company officer, participate in the education program. Participation will be without compensation and in lieu of or in conjunction with discipline.
The program, which may consist of classroom instruction and on-the-job-training, will concentrate on the rules involved in the violation. Upon completion of the class, the employee may be required to take and pass a written examination with a minimum test score of eighty (80%) percent. Should an employee fail the examination, he/she may be required to repeat the class. A second failure will subject the employee to the usual disciplinary procedures.
Employees participating as instructors shall be paid for all time lost, and for all expenses incurred, while participating in the discipline/education program. They will not be considered as Company officers nor as non-agreement personnel while serving as instructors. The Company shall train the instructors, and shall assist in developing the program. The Company shall also provide the classroom, office space, and equipment necessary to properly administer the program. NOTE: Time limits contained in this Article may be extended by mutual agreement. Nothing in this Article precludes the Union from bringing forth an employee's claim for reinstatement, on a leniency, basis without regard to any time limits or board decisions.
The Company shall not use fines as a means of assessing discipline.
NEUTRAL MEDICAL AUTHORITY
A. When an employee has his/her services restricted or is withheld from service as a result of an examination by the carrier's physician, the General Chairman may make a written request, within fifteen (15) days of the date withheld or restricted, to the appropriate highest designated officer for a neutral medical authority to review the case. The request must be accompanied by a differing opinion from a competent physician as to the employee's condition and fitness to resume service in his/her regular employment. In case the employee is unable to obtain a dissenting opinion due to causes beyond his/her control, such as, but not limited to, absence of his/her personal physician, it may be submitted within thirty (30) days provided he/she submits his/her written request within the fifteen (15) day period prescribed above and indicating the reasons for his/her inability to concurrently present the dissenting opinion.
B. Within fifteen (15) days of the receipt of such request, the Union and the Company shall, by mutual agreement, appoint a neutral medical authority, who shall be expert on, and specializing in, the disability from which the employee is alleged to be suffering.
C. The neutral medical authority so selected will review the employee's case from medical records and opinion furnished by the parties. If the expert considers it necessary, he/she will make an examination of the employee.
D. Said medical authority shall then make a complete report of his/her findings, in duplicate, one copy to the Company and one copy to the organization, setting forth the employee's condition and an opinion as to his/her fitness to continue service in his/her regular employment, which will be accepted as final. In the event the neutral medical authority concludes that the employee is fit to continue in service in his/her regular employment, such neutral medical authority shall also render a further opinion as to whether or not such fitness existed at the time the employee was withheld from service. If such further conclusion states that the employee possessed such fitness at the time withheld from service, the employee will be compensated for actual loss of earnings during the period so withheld. In the event the neutral medical authority concludes that the employee is not fit to continue in service in his/her regular employment, the Union may, upon presentation of an opinion from a competent physician that the employee's condition has improved, request re-examination by the Company's physician. Such request will not be made for the first ninety (90) days thereafter, nor more often than once in any ninety (90) day period.
E. The Company and the employee shall each pay one-half (½) of the fee and expenses of the neutral medical authority and any examination expenses which may be incurred, such as hospital, laboratory and X-ray services.
F. Under this Article, a medical opinion rendered regarding a patient's ability to work requires complete knowledge of the employee's medical history, work history and physical findings. In sum, it is the information leading to diagnosis, treatment and prognosis. This knowledge must be combined with a familiarity with the nature of the job that an individual is to perform. All of the above, taken together, constitutes an informed, competent medical opinion as to the capability of an individual to perform his/her duties.
13 HOURS OF SERVICE LAW
A. Employees shall not be tied up at intermediate points unless it is apparent the tour of duty cannot be completed under the provisions of the Hours of Service Act.
B. Employees so relieved shall be paid not less than one (1) basic day at the rate applicable to the service to which assigned up to the time of relief, and shall be considered as again under pay at the expiration of ten (10) hours unless a longer period of rest is required under the Hours of Service Act. Ref. Sect II, Art 29, page 38.
C. When employees are relieved from duty at intermediate points, but are to be transported to a terminal of their assignment rather than tied up for rest, they shall be paid on a continuous time basis, computed from the time of reporting for duty at the initial point until relieved at the terminal.
D. Time in excess of twelve (12) hours (excluding travel time pursuant to Section II, Article 30, of the Labor Agreement) shall be paid for on the minute basis, at the rate of one and one-half (1½) times the hourly rate, for all time consumed, in addition to all other earnings for the trip or tour of duty. Ref. pages 83 and 145.
E. The foregoing method of pay shall also apply when the line is obstructed by wrecks, washouts, or similar emergency.
LUNCH PERIODS
Article 14, Lunch Periods, is modified by the 1990, and 1996, Agreements to read as follows:
A. Employees in switcher service, after being on duty between four (4) and six (6) hours, shall be allowed thirty (30) minutes in which to take their lunch, with no deduction of pay or time therefore. …In the event a switcher crew is prevented from taking lunch between the 4 and 6 hours solely due to being engaged in hours of service relief, the crew shall be allowed thirty (30) minutes at time and one-half rates in lieu thereof.
B. Employees in helper and local service will be allowed a meal period, without deduction in pay during their shift or tour of duty, subject to operational requirements and permission from the dispatcher.
C. It is recognized that in the normal operation of through freight service, employees involved therein will not stop to eat en route. However, the human need to eat is recognized, and, therefore, employees will not be precluded the opportunity to eat when permission is granted in situations of unusual or extraordinary delays to trains, such as, but not limited to, those caused by wrecks, washouts, derailments, etc. The parties further recognize that it is permissible for the Engineer and Assistant Engineer to exchange duties, in order to afford both the opportunity to eat, consistent with the requirement of their respective duties and the service.
CREW REQUIREMENTS
A. The crew of all switcher assignments (regular, regular relief, transfer or extra) shall consist of not less than one (1) Engineer and one (1) Switch Foremen.
B. The crew of all local service assignments (regular or extra) shall consist of not less than one (1) Engineer and one (1) Assistant Engineer.
C. The crew of all freight service assignments (regular or extra) shall consist of not less than one (1) Engineer and one (1) Assistant Engineer.
D. The crew of all helper assignments (regular relief or extra) shall consist of one (1) Engineer and one (1) Switchmen.
E. It is recognized that the provisions of Paragraphs A, B, C, and D, hereof are minimum requirements, and are not intended to preclude the Company from using additional personnel as may be deemed necessary.
LAYING OFF AND REPORTING
A. Employees may be permitted to lay off on a limited basis subject to prior permission from the designated Company officer or his/her representative. Ref. pages 87, 110 and 140.
B. The designated Company officer or his/her representative shall be available twenty-four (24) hours a day, and shall have authority to permit lay-offs.
C. The Company officer or his/her representative shall keep accurate records of all telephone conversations received from or made to employees.
D. Regular employees reporting for service after an absence must do so at least four (4) hours in advance of the starting time of their regular assignment. Extra employees laying off shall be marked up for service at the time they report.
E. Regular employees reporting to service after lay-off, vacation, etc., at outlying points will notify the crew office of their mark up, prior to the end of tour of duty, on shift, on the day prior to resumption of position.
A. Regularly assigned employees shall have, as part of their assignment, regularly assigned days off. Such days off shall be consecutive and specified in the job description of each assignment.
B. Employees in pool service will be allowed, at their option, undisturbed days off, the equivalent of one (1) round trip per month. Ref. Page 150.
C. Extra employees, at their option, will be allowed two (2) days off, undisturbed, per each two (2) week period (pay period), as provided in Section II, Article 5, Paragraph E. Page 21 ., 131 and 155. E NOTE: Undisturbed means not subject to calls for service nor Company prerogative.
REST OPTIONS: Ref.Page 149.
ENGINES AND CABOOSES
A. This Agreement shall not require the use of cabooses on trains. Engines and cabooses (where used) shall be equipped with sanitary drinking water and ice. Engines shall be equipped with adequate, comfortable and individual seating equipped with arm rests. Ref. Page 135.
B. Engine(s) used in over-the-road service will be equipped with clean sanitary toilet facilities.
C. Engines and cabooses (where used) shall be cleaned and supplied. Employees occupying engines and cabooses shall be required to maintain good housekeeping, while in their use.
PAYMENT ON HOLIDAYS
Employees required by the Company to work on Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Years Day, Memorial Day, Independence Day, Labor Day, shall receive time and one-half (1½) of their otherwise applicable pay.
HELD-AWAY-FROM-HOME TERMINAL
A. Employees held at other than the home terminal will be paid continuous time so held after the expiration of sixteen (16) hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed, except as provided below:
In the event of an emergency beyond the control of the Company that precludes the Company from transporting an away from home terminal crew by public conveyance to the home terminal, continuous held away from home terminal payment shall cease at the time of the occurrence or at the end of twelve hours whichever is later. In the event held away from home pay ceases pursuant to this provision, held away pay will resume either: after an additional 16 hours from the time when held away time ceased; or, when the emergency no longer exists and employees can again be transported by public conveyance, whichever first occurs. In such instances, employees will be transported home by the first available means of public conveyance, consistent with calling requirements.
Following are agreed upon questions and answers reflecting the intended application of this provision:
1.Question: A crew has been tied up for 20 hours and has therefore accumulated 4 hours of HAHT. Due to inclement weather roads are impassable and air transportation is restricted due to the same weather conditions. What HAHT payment will be made to the involved crew?
Answer: Crew would receive HAHT until the end of the period extending 28 hours from the time tied up, or until the time the crew departs the terminal if such occurs prior to the expiration of 28 hours.
2.Question: How will payment apply if the crew in the question above can not be transported to the home terminal after having been tied up for 28 hours due to emergency beyond the control of the Company?
Answer: Crew would receive 12 hours HAHT.
3.Question: What payment would be due a crew in the circumstances of question 1, above if tied up for more than 28
hours?
Answer: Crew would not again receive HAHT pay until the expiration of 16 hours from the end of the previous 28 hour period or until the emergency conditions no longer exist and public conveyance becomes available, consistent with calling requirements.
4.Question: A crew has had their continuous HAHT pay suspended due to emergency conditions. At 4:00 the Company is advised that public conveyance is available for use. Does the crew resume continuous HAHT at 4:00?
Answer: No, due to a one and one-half hour calling requirement the crew would not resume HAHT pay until 5:30 or until the scheduled departure time of the first public conveyance (example commercial air or bus) available after the required calling time. Ref. Page 141 and Section II, Article 30, 2nd paragraph.
B. Should an employee be called for service or ordered to travel (deadhead) after pay begins, the held-away-from-home terminal time shall cease at the time pay begins for such service, or when deadheading, at the time the train leaves the terminal, except that in no event shall there be duplication of payment for deadhead time and held-away-from-home terminal time.
C. Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent service or travel.
D. For the purpose of applying this rule, the Company will designate a home terminal for each crew in pool classes of service.
AWAY-FROM-HOME EXPENSES
A. When the Company ties up employees covered by this Agreement at a terminal including tie-up points named by assignment bulletins, or presently listed in schedule agreements, or observed by practice, as regular points for employees, for four (4) hours or more, such employees so tied up shall be provided suitable lodging at the Company's expense. Suitable lodging shall be as agreed to between the Company and local Union representative.
B. When the Company ties up train service employees at a terminal (as defined above) other than the designated home terminal, for four (4) hours or more, each member of the crew so tied up shall receive a meal allowance of seven ($7.00) dollars. Two years after the effective date of this agreement such meal allowance shall be increased to eight($8.00) dollars. Additional meal allowance shall be provided after being held an additional eight (8) hours. Ref. page 77.
C. Extra board employees shall be provided with lodging and meal allowances in accordance with this Article governing the granting of such allowances to the crew they join.
D. Extra board employees called to fill vacancies at outlying points, shall be provided lodging and meal expenses when conditions require. Lodging and meal expenses shall be provided only when extra employees are held at the outlying point for more than one (1) tour of duty, and shall continue to be provided for the periods held for each subsequent tour of duty.
E. The Company shall provide suitable and safe transportation to and from eating facilities, unless same is located within, or in close proximity of, the lodging location.
REVERSE LODGING
Employees who reside at the away-from-home terminal of a particular run or assignment may, if they so desire, receive the meal and lodging payments provided in this Agreement at the home terminal instead of the away-from-home terminal, provided:
1. They notify the carrier of their desire to do so, and;
2. The cost of the meal and lodging payment does not exceed the amount to which other members of the crew are otherwise entitled.
Employees who are run around or left un-placed through no fault of their own shall be allowed all time lost for each run-around. However, it is the responsibility of the employee to notify the Company or his/her representative of this fact as soon as the employee discovers that a run-around has occurred. Ref. pages 75, 90, 108 and 134.
RESTORATION OF TURN
Employees in pool service run around at the initial terminal, en route, or at final terminal will be restored to their proper turn upon arrival at the distant terminal of that run. Ref. pages 87, and 108.
If not restored at the away-from-home terminal, the employee will be restored to his/her proper turn at the home terminal. Ref. (extra boards) page 99.
Employees in pool service turned back en route will be paid as though they had completed the round trip, home terminal, distant terminal and return. Ref. pages 78, 108, 129.
Section II, Article 25, Calling, of the 1987, Agreement is hereby revised to read as follows:
Calling Employees in all classes of service not having a specified on-duty time will, be called two (2) hours in advance of the on-duty time; except, employees at the away-from-home terminals, not having a specified on-duty time, will be called one and one-half (1½) hours in advance of the on-duty time. Ref. page 152.
When other than regularly assigned employees are called for service for outlying points, they will be furnished information as to the type (e.g., work-train/helper) of such service and the probable length of time away from home terminal.
NOTE: Employees will be responsible for maintaining a telephone and for providing the carrier with telephone numbers where they can be called for service. Ref. page 140.
CALLED AND NOT USED
Employees who are called for service and report for duty, and are then released prior to performing service, will be paid four (4) hours at the applicable rate. Such employees will retain their first-out position. Ref. Page 107.
Employees called for service and released after having performed service, but before departing terminal will be paid eight (8) hours pay at the applicable rate in lieu of other pay, and retain their first-out position. Even though such employees are restored to their first-out position, they will not be called again until legally rested.
It is recognized that other employees may be called around them, without penalty, while first-out employee is obtaining rest.
Employees called for service between the hours of 9:00 p.m. and 8:00 a.m. and later notified before leaving their residence (or lodging facility), that the call is canceled, will be allowed two (2) hours pay and remain first-out. Employees called for service between 8:00 a.m. and 9:00 p.m. and later notified, before leaving their residence (lodging facility), will retain first-out position, with no payment due. Ref. page 132.
CALLED – USED OTHER SERVICE
In the event an employee is called for service for a particular run, and the call is changed to provide a different type of service (e.g. helper vs. local) or a different run, such employee shall be paid as follows:
If the call is changed within the first two (2) hours of the assignment, the employee shall be paid the higher of the service called for, or the service actually performed. If the call is changed after the first two (2) hours of the assignment, the employee shall be paid the service worked plus four (4) hours of the pro-rata rate of the higher of the service called for, or the service actually performed. Ref. pages 78, 80, 91.
PILOT SERVICE
In all cases, when foreign-line trains are detoured over the Montana Rail Link trackage, an Engineer shall be used as a pilot and paid the applicable rate for the service performed.
POINT FOR BEGINNING AND ENDING DAY
A. Employees shall have a designated point for going on and off duty. Ref. Sect II, Art 2, Paragraph , page 11 and page 136. D
B. When employees are relieved at other than the designated points, the Company shall provide safe transportation to the point of going on or off duty, and the employees' pay shall continue until they return to their designated on or off duty point. Ref. Sect II, Article 13, page 30.
A. Employees called to travel in the service of the Company, in combination with a service trip from one point to another, shall be paid actual time, on a minute basis, at the applicable pro-rata rate of the service for which traveling, with a minimum of four (4) hours, in addition to all other earnings.
Employees called to travel, not in combination with a service trip, will be paid actual time, on a minute basis, at the switcher rate of pay, with a minimum of four (4) hours and a maximum of eight (8) hours, in addition to all other earnings.
If not called for service within ten (10) hours after deadhead trip is completed, not less than eight (8) hours, at the switcher rate of pay, shall be paid for deadhead trip.
This ten (10) hour restriction does not apply for pool crews deadheaded from the away-from-home terminal to the home terminal of a run.
B. When traveling to or from any point in connection with a service trip, travel time shall be combined with service time in computing pay. Ref. page 85.
C. When an employee exercises seniority rights to displace another employee, no travel time shall be paid either employee, except as provided under Paragraph D, hereof.
D Subject to the limitations of Section II, Article 2, Paragraph D, , and 3 & 4, an employee called to fill a position at an outlying point shall be paid travel pay as provided under Paragraph A.
E. Employees willing and authorized to use their own personal automobile for travel shall be allowed twenty-five cents (25¢) per actual highway mile traveled, in addition to any and all other earnings paid for the trip or tour of duty. Ref. Sect. II, Art 3, paragraph , and page 139.
CREW ADMINISTRATION
Except as provided to the contrary herein, assignments, crew consists pools and extra boards may be established, adjusted, changed or abolished by the Company as needed. However, the Company and the Union, at negotiations under the Quality of Work Life Article, may set standards, criteria, guidelines, goals or timetables for the exercise of those rights.
Employees summoned for jury duty and required to lose time from their assignment as a result thereof, shall be paid for actual time lost with a maximum of one (1) basic day's pay at the pro-rata rate of their position for each day lost less the amount allowed them for jury service, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualifications, requirements, and limitations:
1.Employees shall furnish the Company 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 shall be paid is limited to a maximum of sixty (60) days of compensation in any calendar year.
3.No jury duty payments shall be allowed for any day or days for which the employee is scheduled and receives pay from his/her flexible time system.
4.Employees shall not be required to work on their assignments on days in which jury duty:
a. Ends within four (4) hours of the start of their assignments; or
b. Is scheduled to begin during the hours of their assignments or within four (4) hours of the beginning or ending of their assignments.
ATTENDING COURT
A. Employees attending court, giving depositions, and/or appearing before proper authorities in behalf of, or on instructions of the Company, shall be made whole for time lost from their assignments. If required to leave their home terminal, employees shall be allowed actual expenses incurred, with the understanding the employee shall furnish a written receipt for such expense before being reimbursed.
B. If expenses or fees are allowed by the court, the Company shall credit such amount from other payments.
A. An employee desiring to remain away from service shall obtain permission from the designated Company officer. Employees granted a leave of absence shall keep the designated Company officer and Union advised of their current mailing address.
B. When the requirements of the service permit, employees, on request, shall be granted leave of absence not to exceed thirty (30) days. Request for leaves of absence for a period in excess of thirty (30) days must be in writing. Initial request for leaves of absence for physical disability in excess of thirty (30) days, as well as extensions of such leaves, must be supported by a statement from the employees personal physician, which may be verified by an examination by the Company's physician, and if necessary, handled under Section II, Article 12.
C. Except in cases of illness, Union work, or as may be required by laws regarding military service, leave of absence in excess of ninety (90) days in a calendar year will not be granted except by agreement between the parties hereto. Employees will, upon request, be given the necessary leaves of absence for Union work, elective or appointive public office or exempt management positions with the Company without impairment of seniority.
D. Employees who fail to report for duty at the expiration of their leaves of absence shall be terminated and removed from the seniority roster, except where it is determined that failure to report is the result of an unavoidable delay, in which case, the leave of absence will be extended to include such delay.
UNION SHOP AGREEMENT
A. Subject to the terms and conditions hereinafter set forth, all employees of the Company, now or hereafter, subject to the Agreement between the parties hereto shall, as a condition of their continued employment subject to such Agreement, become members of the Union within sixty (60) calendar days of the date they first perform compensated service as such employees after the effective date of the Agreement, and thereafter shall maintain membership in good standing in the Union while subject to the rules and working conditions agreement between the parties; providing, however, that the foregoing requirement for membership in the Union shall not be applicable to:
1.Employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member, or
2.Employees to whom membership has been denied or terminated for any reason other than the failure of the employee to tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in the Union.
B. Employees who retain seniority under this Agreement, and who are assigned or transferred for a period of thirty (30) calendar days or more to employment not covered by such Agreement, or who are on leave of absence starting after the effective day of this Agreement for a period of thirty (30) calendar days or more, shall not be required to maintain membership as provided in Paragraph A, of this Article so long as they remain in such other employment, or on such leave of absence, but they may do so at their option. If and when such employees return to any service covered by the said rules and working conditions agreement, they shall, as a (30) calendar days of such return to service.
C. An employee whose membership in the Union is terminated while on furlough due to reduction in force, or while off duty on account of sickness or injury for a period of thirty (30) calendar days or more, and who is required to maintain membership under the provisions of Paragraph A, of this Article, shall be granted upon his/her return to service in any of the crafts or classes represented by the Union, a period of thirty (30) calendar days within which to comply with Paragraph A, of this Article.
D. Every employee required by the provisions of this Article to become and remain a member of the Union shall be considered by the Company to be a member of the Union, unless the Company is advised to the contrary in writing by the Union. The Union shall be responsible for initiating action to enforce the terms of this Article.
E. The Union shall furnish to the Company, in writing, in duplicate, the name and roster number of each employee whose seniority and employment the Union requests be terminated by reason of failure to comply with the membership requirements of this Rule.
1.In the event the Company wishes to dispute the correctness of the Union's position, it shall so notify the Union within ten (10) calendar days of receipt of the notice from the latter, stating the reasons therefore. If, 1, no such exception is taken by the Company, or 2, the Union does not withdraw its request within ten (10) calendar days from the date of the notice of exception, the Company shall transmit to the employee at his/her last known address, through registered United States Mail, return receipt requested, the original of the Union's request, accompanied by an explanatory letter, a copy of which shall be furnished the Union.
UNION DUES DEDUCTION
A. Deductions shall be limited to period Union dues, insurance premiums, initiation fees, and assessments (not including fines and penalties) which are uniformly required as a condition of acquiring and retaining membership.
B. No costs shall be charged against the Union or the affected employees in connection with the dues deduction provided for under this Article.
C. An appropriate written assignment form executed by the employee involved shall be in the hands of the designated Company officer at least thirty (30) days in advance of the first payroll deduction scheduled for that employee.
D. The Company shall determine the payroll period on which the deductions uniformly shall be made.
E. The dues deduction includes appropriate priorities in cases where the employee's pay check is insufficient to permit deduction of the full amounts specified on the deduction lists; federal, state, and municipal taxes; premiums on any life insurance, hospital-surgical insurance, or group accident or health insurance; other deductions required by law; such as garnishment and attachments; and amounts due the Company by the individual.
F. In the event there is insufficient earnings to permit the full amount of Union dues, no deduction shall be made.
G. The Company shall furnish deductions lists each month. Such lists shall include the employee's name, Social Security Number or payroll identification number, and the amount of Union dues deducted from the pay of each employee.
A. Employees may be required to take periodical medical and rules examinations. Medical examinations shall not be more frequent than one (1) each year, unless required for promotion, modification of conditions or return from furlough, Rule G compliance or leave of absence, or, if in the opinion of the supervisory Company officer the employee's health or condition is such that an examination should be made for the purpose of informing the employee of any disability.
NOTE: The Company shall pay the cost, if any, of such medical examinations. The Company shall also pay time lost at the straight time rate of the last service performed, by the employee when required to take examination. Such payments are not applicable to examinations required for promotion, modification of restrictions, or return from furlough or leave of absence.
Section III, Article 6 – Examinations of the Labor Agreement shall be revised as necessary to provide that the Company shall pay the cost of all examinations, including medical, hearing, vision and rules, associated with Engineer certification and recertification. In addition, Engineers shall be made whole for the time lost due to attending examinations for recertification.
B. Failure to pass a scheduled rules examination will require the employee to present him/herself a second time within thirty (30) days of such failure for re-examination. If a second failure occurs, the employee will be required to take the examination within thirty (30) days of such second failure. At such third examination he/she may be accompanied by his/her Union representative, who will be permitted to review the examination results should the employee fail to pass on the third examination. If a third failure occurs, the employee will be considered out of service and his/her name shall be removed from the seniority roster. It is understood that these consequences of failure to pass the required examinations do not require proceedings under the discipline rule unless such are requested by the employee. If employee fails to appear for re-examination as required the employee will be considered out of service and his/her name shall be removed from the seniority roster, unless evidence can be produced by the employee that such failure was due to illness, emergency, or conditions beyond his/her control.
ATTENDING RULES CLASSES
CERTIFICATION/RECERTIFICATION
Paragraphs A & B, of Section III, Article 7, Attending Rules Classes, of the 1987 and 1990 Agreements are hereby revised as follows:
A. Regular employees who are required to attend rule, rule re-certification, medical, or instruction classes on their own time, shall be paid time consumed, with a minimum of the equivalent of three (3) hours for each attendance, at the applicable rate of the position to which assigned.
B. Extra employees who are required to attend rule, rule re-certification, medical or instructional classes on their own time, shall be paid time consumed with a minimum of three (3) hours for each attendance, at the applicable rate for switcher service.
C. Employees who are required to attend rule, rule re-certification, medical, or instructional classes, shall be afforded an opportunity to take same without loss of work.
D. Employees (regular or extra) who lose time as a result of being required to attend rule, rule re-certification, medical, or instruction classes shall be paid for all time lost.
Note: Employees will be paid pursuant to Paragraphs A, and B, hereof only for the first rule or rule re-certification test. If an employee fails the first examination he/she will receive only one and one-half (1½) hours pay for the second examination and no payment will be made for the third examination.
Section III, Article 7 – Attending Rules Classes of the Labor Agreement shall be revised as necessary to provide that the Company shall pay the cost of all examinations, including medical, hearing, vision and rules, associated with engineer certification and recertification. In addition, engineers shall be made whole for the time lost due to attending examinations for recertification.
REDUCING FORCES
A. Except as provided under Paragraph B, hereof, when forces are reduced, employees shall be furloughed in reverse order of seniority.
B. When forces are reduced at a particular point, and an employee is unable to remain in service at that point, he/she may assume a furlough status rather than displace a junior employee at some other point.
C. When an employee is furloughed, it shall be his/her responsibility to file his/her telephone number and current mailing address with the appropriate Company officer and Union.
D. When forces are restored, employees shall be returned to service in seniority order. Recall letters shall be sent to the last known address by U.S. Postal Service, Certified Mail, Return Receipt Requested. An employee recalled to service shall be expected to respond as promptly as possible; failing to report within thirty days of the date of recall letter, or failing to give satisfactory reason to the Company for not doing so, shall terminate all seniority rights and employment relationship. An employee so terminated may request a fact-finding proceeding under the provisions of Section II, Article 10, of this Labor Agreement provided he/she makes written request therefore within thirty (30) days from the date of such termination.
NOTE: Referenced from page 13. Engineers, Assistant Engineers, Switch Foremen, and Switchmen shall not be forced between Missoula and Laurel zones except, if by not forcing, the company would be required to hire an employee in either zone.
CREW INFORMATION
At no cost to the employee, the Company will provide a means whereby employees may visually and/or by telephone determine their relative standing within their respective classes of service. It shall be the Company's responsibility to ensure that the information is timely, accurate and accessible to the employee.
The Company shall provide the Union with a list of employees who are hired, terminated, or furloughed; their home addresses; and Social Security numbers; ifavailable.
COPY OF AGREEMENT
The Company at its expense shall furnish each employee covered by this Agreement one copy of same, in booklet form, including any revisions thereto.
BULLETIN BOARDS AND EQUIPMENT
The Company shall provide bulletin boards for the posting of railroad information and separate bulletin boards for the posting of Union information and business at all terminals.
A. The Company shall provide adequate lockers for each employee, in a closed facility properly heated and cooled and equipped with washing and toilet accommodations at all terminals.
B. Such facilities shall be maintained in good order and sanitary condition.
A. Subject to the following provisions, newly hired or re-hired employees establishing a seniority date, after the date of this Agreement, shall be paid as follows: Ref. Section III, Article 15.
First Year – Eighty (80%) percent
Second Year – Ninety (90%) percent
Engineers with valid Locomotive Engineer Certificates will not be subject to the entry rates set forth in paragraph A.
B. Movement of employees from one Company position to another, or from one seniority roster to another, shall not disqualify employees from receiving the full amount described in Section I, Article 4. New employees who have had prior railroad experience and are hired in a similar position with the Company shall receive credit for the qualifying times described in Paragraph A, hereof, provided such employees are hired within one year of such prior railroad employment. The terms of this Article may be changed by mutual agreement between the parties to provide full rate for new employees.
C. An employee's seniority date shall govern in application of Paragraph A, hereof.
Section III, Article 15, Probationary Period, of the 1987, and 1990, Agreement, is hereby revised to read as follows:
A. Employees establishing seniority on or after December 31, 1990, may have their applications for employment rejected at any time, for any reason, within one hundred and eighty (180) days after a seniority date is established, without application of other provisions of this Agreement. Applications rejected by the Company will be declined in writing to the applicant. After the one hundred and eighty (180) day period, an employee will not be terminated or disciplined by the Company for furnishing incorrect information in connection with an application or employment, or for withholding information there from, unless the information involved was of such a nature that the employee would not have been hired if the carrier had timely knowledge of it.
B. Employees shall establish seniority by date and time of hire under this Agreement. If date and time are the same, the employees shall be ranked as follows:
1. Current MRL employees will be ranked ahead of persons having no current service connection with MRL. If MRL, employment date is the same, current employees will be ranked by date of birth, oldest being first;
2.Persons without a current service connection with MRL, will be ranked next according to experience in engine and/or train service. If one or more employees have identical previous experience in engine and/or train service, they will be ranked by the date of birth, oldest being first, behind those in (1) above;
3.Persons having no current service connection and no previous engine and/or train service experience will be ranked by date of birth, oldest being first, behind those in (1) and (2) above.
Employees shall be retired from active service of the MRL not later than the last day of the month during which they attain seventy (70) years of age. The birth date on file with the Railroad Retirement Board shall govern in all cases.
TERMINATION AND RETENTION OF SENIORITY
A. Termination of Seniority-Retirement (Age)
1.Seniority rights of employees who attain the age of seventy (70) years shall be terminated on the last day of the month in which they attain seventy (70) years of age.
2.In the application of the foregoing, it is understood that an employee whose seniority is to be terminated will be permitted to complete a tour of duty, job or assignment started prior to the date on which his/her seniority is to be terminated under Paragraph A, above.
Employees covered by this Agreement shall be reimbursed for:
A. the cost of prescription safety eyeglasses, a maximum of once each calendar year; and
B. fifty percent (50%) of the cost (up to a maximum of $40.00 reimbursement) of form fitted hearing protection devices once every three (3) years.
Section IV, Article 1, Engineer Training and Switch Foremen Training of the 1987, and 1990, Agreements and subsequent related training provisions are superseded and the terms of this Section IV, Article 1, will apply.
A. Purpose:
The purpose of this Agreement is to provide a program(s) for the training and qualifying of Locomotive Engineers and Switch Foremen which may be applied where necessary to insure the immediate and continuing needs of the carrier. The BLE and the carrier will cooperate in the formulation and operation of this program.
B. Locomotive Engineer Training Program (LETP):
1.The Locomotive Engineer Training Program shall consist of classroom instruction and work experience as determined by the carrier and the BLE. As necessary, classroom, books and materials, and instructors shall be furnished by the carrier. The training program and any intended substantial changes therein shall be reviewed from time to time by the BLE and the carrier.
2.The BLE will provide the carrier with a list of qualified Engineers from which the carrier will elect, one or more, as instructors to be used in all classroom and on-the-job-training, in conjunction with such carrier officer(s) as the carrier may deem necessary to operate the training program.
3.Engineers used as instructors will be paid the same as the working Engineer on the assignment where the on-the-job-training occurs. Engineer instructors, while involved in classroom instruction, will be paid switcher rate of pay.
4.Trainees shall be paid as Switch Foremen while involved in classroom and on-the-job-training. Exception: trainees who, by their seniority, hold an Assistant Engineer position during the on-the-job-training portion will be paid at the appropriate rate for Assistant Engineer. Ref. pages 122, 126, 153.
5.A trainee accompanying a Locomotive Engineer on a road service tour of duty shall receive whatever lodging accommodations or allowance and whatever meal allowances to which that Locomotive Engineer is entitled.
6.A trainee will be reimbursed for actual, reasonable and necessary travel, lodging and meal expenses incurred while engaged in the classroom session if the employee is at points beyond reasonable commuting distance from his/her home, during such periods.
7.The General Chairman, BLE, shall be furnished the name of each trainee and the date he/she is placed in training.
C. Instructions By Engineers:
When trainees are required to receive on-the-job-training, the Engineer on the job will acquaint the trainee with the responsibilities and functions of Engineers under actual working conditions and the following will apply:
1.The Engineer will permit the trainee to operate the locomotive and perform other functions of an Engineer, and Assistant Engineer, under his/her direction.
2.While the Engineer cannot be relieved from his/her responsibility for the safe operation of his/her train and locomotive, such Engineer will not be held responsible for broken knuckles, damaged drawbars or rough handling when the locomotive is operated by a trainee. Ref. page 124.
3.The presence of a trainee will not affect the rate of pay for the Engineer.
REPORTS: Instructor Engineers will be required to complete progress reports on trainees assigned to them, as may be directed. Incompetence, lack of judgment, or other detrimental traits or attitudes will be reported.
D. Health And Welfare And Other Benefits:
Engineer trainees under this training program will be subject to the Health and Welfare Plan, Off-Track Vehicle Insurance and Vacation Agreements.
E. Training:
1.Although it is the intent of the parties that employees will be offered promotion in seniority order, circumstances may dictate that employees recognized as having prior experience and/or training as a Locomotive Engineer may be promoted in other than seniority order. In the event a junior employee is promoted to Engineer ahead of a senior employee, the junior employee, upon successful completion of the Locomotive Engineer Training Program and having made a service trip as a qualified, promoted Locomotive Engineer, will establish a seniority date for all employees his/her senior, in their respective order, on the date of such first service of the junior employee, provided such senior employees satisfy the requirements contained herein, when first offered.
2.Minimum Requirements:
a. Prior to being offered promotion examination employees will meet a minimum requirement of ninety (90) days training, consisting of the required classroom and/or on-the-job-training.
b. Employees will be promoted to Engineer upon successful completion of the above and upon passing each of the examinations relative to the various sections or segments, i.e. operating rules, air brake and train handling, mechanical, and having been deemed qualified for the actual operation of train(s) and engine(s). Final promotion must be approved by the designated training program representatives of MRL and BLE. Upon successful completion of the training program, a trainee shall be certified as a qualified Locomotive Engineer and shall be awarded a certificate so stating and shall acquire and maintain seniority in accordance with all applicable rules and agreements. NOTE: In addition to the minimum requirements, the Locomotive Engineer Training Program is designed to provide group and individual instruction as necessary.
c. Trainees failing any segment(s). identified in 2,b, above, will within thirty (30) days, be given the opportunity to be re-examined on the segment(s) failed. If unable to successfully complete the particular segment(s) at this time the trainee will be considered as having failed promotion and will not again be offered promotion until one (1) year from the date of final failure. The time frame in which any or all of above must be completed shall be 279 days dating from the date of employee's entrance into the Locomotive Engineer Training Program. Employees who successfully complete the Locomotive Engineer Training Program will be paid a bonus of $40.00 for each day the trainee reduces the 279 day training period, with a maximum bonus payment of $2,500. Ref. page 122.
The bonus pay shall begin no later than three (3) business days (i.e., Monday through Friday) after the designated Company Officer receives written notification that the trainee has satisfactorily completed his/her check ride with the BLE designated training program representative, provided the trainee subsequently passes the companies check ride on the initial opportunity.
d. Employees failing to successfully complete the Locomotive Engineer Training Program or withdrawing from the Locomotive Engineer Training Program after entrance will be afforded only one more opportunity to participate in the Locomotive Engineer Training Program. Those employees opting to re-enter the Locomotive Engineer Training Program for a second and final opportunity must submit written notice to the carrier of their intent to re-enter the program forty-five (45) days in advance of the session they desire to enter. The Company will provide forms to be used for such notification. Ref. page 111. Employees failing to comply with these provisions will not be considered for re-entrance into the Locomotive Engineer Training Program. It is further understood that eligibility for the second opportunity will date from the date of declination to enter, voluntary withdrawal, or failure. Eligibility will be one year from the afore-mentioned date.
e. An employee's right to voluntarily decline entrance into the Locomotive Engineer Training Program or voluntarily withdraw there from is recognized herein. It is, however, understood that an employee voluntarily declining entrance into, or withdrawing from, the Locomotive Engineer Training Program will retain his/her seniority standing on the Switchmen roster, but will, upon successful completion of the Locomotive Engineer Training Program, stand behind any employees on the Engineer's roster who successfully complete the Locomotive Engineer Training Program during the aforementioned one (1) year period or prior to such employee's re-entrance.
F. Engineer Trainee Manning Provisions:
1.The Locomotive Engineer Training Program will be divided into three basic sections, such sections being: (1) the classroom segment, (2) the Engineer trainee segment, and (3) the Assistant Engineer/Engineer trainee segment. Ref. page 81.
2.Upon notification to attend the Locomotive Engineer Training Program, an employee will have seven (7) days in which to respond whether or not he/she intends to enter the program. Notification will be mailed thirty (30) days prior to the date of the next training class, and in the event that declinations force shorter notification, employees will be provided as much notice as possible.
The employee will be considered enrolled in the training program on the date written response is received by the Company and the time period of the program will commence effective with the first day of classroom instruction.
3.The classroom phase of training will consist of a minimum of three weeks of intensive instruction on locomotives, air brake equipment, train handling rules and operating rules. This phase will count as part of the total training period.
4.The second phase is that of Engineer trainee. Engineer trainees will be called in addition to train crews on trains for a period of sixty (60) days. If after sixty (60) days it is determined that the trainee lacks sufficient train handling skills, an additional forty-five (45) days will be provided. Another thirty (30) days will also be provided on an individual basis if again determined necessary. Ref. page 122.
NOTE: It is understood that the Locomotive Engineer or Engineers designated as trainers shall report to the Locomotive Engineers Training Program instructors, if in the trainer's opinion, an individual needs additional training.
5.Following completion of the second phase of the training program, Engineer trainees will be placed on pool crews and will perform the duties of an Assistant Engineer for the duration of the training period, if the trainee's seniority permits.
G. Training Commitment:
1.In calendar year 1996, the Company will place a minimum of sixty (60) employees in the Locomotive Engineer Training Program. In 1997, and succeeding years, the Company will place a sufficient number of employees into the Locomotive Engineer Training Program to maintain a surplus of forty qualified engineers over and above the number required to fill all engineer and assistant engineer position.
2.Determination of the surplus will be made each December by using the average number of surplus engineers in September and October of the applicable calendar year. In the event the average surplus for these two months is less than forty (40), a sufficient number of employees will be placed in the Locomotive Engineer Training Programs in the next calendar year to attend the required surplus. In December, if it is determined that additional locomotive training programs are necessary to attain the required surplus, the first of such Programs will be established on or about February 1, of the next calendar year.
SWITCH FOREMAN TRAINING
The purpose of this Article is to provide a program for the training and qualifying of Switch Foreman which may be applied where necessary to insure the immediate and continuing needs of the carrier. The BLE and the carrier will cooperate in the formulation and operation of this program.
B. Switch Foreman:
1.A trainee Switch Foreman shall be any person selected by the carrier to enter the program of training for the purpose of employment as a qualified Switch Foreman. In the selection of trainees, consideration shall be given employees with prior experience in train and/or yard service.
2.The training program may consist of classroom instruction and work experience as determined by the carrier and the BLE. As necessary, classrooms, books and materials, and instructors shall be furnished by the carrier.
3.The BLE will provide the carrier with a list of qualified Switch Foremen from which the carrier will select, one or more, as instructors to be used in all classroom and on-the-job-training, in conjunction with such carrier officer(s) as the carrier may deem necessary to operate the training program.
4.The training program, and any intended substantial changes thereto, shall be reviewed from time to time by the BLE and the carrier.
5.A trainee will be reimbursed for actual, reasonable and necessary travel, lodging and meal expenses incurred while engaged in classroom sessions if the employee is at points beyond reasonable commuting distances from his/her home during such period.
C. Instructions By Switch Foreman:
When trainees are required to receive on-the-job-training, Switch Foreman on the job selected will acquaint the trainee with the responsibilities and functions of his/her duties under actual working conditions.
1.For each shift or tour of duty performed as an emergency Switch Foreman, the trainee will receive the same rate of pay for that tour of duty or shift as would the incumbent Switch Foreman.
D. Instructors:
1.Instructors will be required to complete progress reports on trainees assigned to them, as may be directed. Incompetence, lack of judgment, or other detrimental traits or attitudes will be reported.
2.The presence of a trainee will not affect the Instructor's rate of pay.
E. Qualifying Switch Foreman:
Upon successful completion of the training program, a trainee shall be certified as a qualified Switch Foreman.
F. Health And Welfare And Other Benefits:
A trainee under this training program will be subject to the Health and Welfare Plan, Off-Track Vehicle Insurance and Vacation Agreements.
G. Training:
1.Switch Foremen used as instructors will be paid as Switch Foreman on the assignment where the on-the-job-training occurs. Switch Foreman instructors while involved in classroom instruction will be paid Switch Foreman rate of pay.
2.Switch Foreman trainee shall be paid as Switchman (Switchmen), while involved in classroom and on-the-job-training.
PROFIT PARTICIPATION PLAN
Montana Rail Link, Inc. will establish a Profit Participation Plan whereby a portion of the Company's profits will be paid to its employees. The purpose of the program is:
1.To motivate employees to become profit-oriented in their actions;
2.To share with the employees the risks and rewards of the business, and;
3.To provide additional compensation to be used to supplement the 401(K) savings and railroad retirement plans and/or to enhance current life style. Key Elements Of The Plan Are:
Amount: 8% of net income, before tax and profit participation.
Allocation: Pro-rate to all eligible employees based on compensation.
Eligible Any employee who has worked over 1,000 hours in the Employee: calendar year: However, it is understood that an employee will be credited as having worked the number of hours for which compensated.
Compensation: All base pay, including overtime and 401(K) contributions, but excluding bonuses. When Paid:30 to 90 days after the calendar year end.
How Paid: Lump sum.
401 (K) SAVINGS PLAN
Type of Plan: Section 401(K) salary reduction program.
Participation: All employees.
Compensation: All direct compensation.
EmployeeVoluntary, up to 15% of pay, pre-tax, $9,500 maximum.
Contribution: Employer50% match on first 4% of pay.
Contribution: Vesting:100% immediate vesting.
Distribution: Paid out at retirement (early (55), or normal (65) ), death, permanent disability, Company separation.
Forfeiture: None.
Taxes: Employee deferral not included in W-2 pay. No Federal or State income tax. Subject to Social Security Tax.
Enrollment: November 1, 1987, within 30 days of enrollment or annually on each January 1. Changes allowed each January 1, or July
1. Suspension of contributions permitted with two weeks notice and can re-enter next January 1, or July 1.
Plan Year: Calendar year.
Account Participants will receive yearly statement of contributions
Valuation: and investment earnings.
A. The Company shall provide each employee and their eligible dependents a level of hospital, surgical, medical, prescription, life, and dental benefits as provided, under a group plan. The elements of the plan are set out in Exhibit A, hereto. The benefits provided under the plan shall become effective on the date the Company commences operation.
B. The Company shall furnish each employee a booklet outlining the benefits under the Plan at no cost to the employee.
C. The carrier shall remit necessary premiums to the Insurance Carrier as may be required to maintain the plan with the exception that each employee shall be required to make a maximum contribution to the plan as provided in Exhibit A, hereof until the end of the first calendar year following the year in which operations commence. In succeeding years the per month charge shall be indexed upward or downward by percentage increase or decreases per participant cost of the Plan. In no event shall the employee contribution be greater than the ten (10%) percent from the preceding year of the amount set out in exhibit A, hereof.
D. The Company shall provide the medical benefits equivalent to those described in this Article in the case of on-duty injuries. Such benefits will be subject to the terms, conditions and guidelines described in the Group Plan applicable to off-duty injuries, and shall or be construed as wages or compensation to the injured employee. The parties to this Agreement agree that the cost of these benefits shall satisfy any right of recovery against the Company for such benefits to the extent of the benefits so provided in any suit brought by an employee under the terms of the Federal Employers Liability Act and that evidence of such benefits and the provision whereof by the Company may be introduced at trial by the Company in any litigation under such act. When injured on duty, the employee must notify his/her immediate supervisor of the injury within forty-eight (48) hours of occurrence or of the employee's knowledge of such occurrence and the parties further agree that employees injured on-duty may be required to participate in a "wellness" program, and accept alternate work assignments in positions not identified as the exclusive work of employees of the Company under other collective bargaining agreements, as a condition of the provision of these benefits. These assignments will be subject to any medical limitations as defined by the attending physician. The Company will have the right to have a physician of its choice examine the employee as needed to determine the extent of the injury and the limitations restricting work.
E. Section IV, Article 5 – Health and Welfare of the Labor Agreement shall be amended as follows (1996):
Upon the effective date of this Agreement or as soon as practicable thereafter, the level of hospital, surgical, medical, prescription and dental benefits prescribed by paragraph (A) of Article 5, as described in Exhibit A, thereto, shall be amended to adopt the Schedule of Benefits attached hereto as Attachment A. Such Schedule provides for the establishment of Preferred Provider Networks and the following enhanced or additional benefits. (As illustrated on following pages in bold print.)
MEDICAL, DENTAL, LIFE, AD & D AND DISABILITY
Type of Plan: Comprehensive Medical.
Hospital Room Paid at 80% after deductible. & Board:
Convalescent Paid at 80% after deductible.
Supplemental$300.00. Accident:
Annual Individual $200.00, family aggregate $400.00. Deductible:
1.Immunization serum or supplies, including Benefits: vaccines for polio, measles,: diphtheria, tuberculosis, mumps and flu and other serums prescribed by an M.D. that are not experimental.
2.Routine mammograms to be covered as follows: Over age 40: once every two (2) years Over age 50: once every year If a physician recommends a mammogram be performed due to a patient's family history, these will be covered regardless of age.
3.Routine PAP tests and related lab handling charges will be covered once a year.
4.Well-child care will be covered from birth up to age four (4). This coverage includes well-child examinations and lab tests recommended for well-child care.
5.Prostate examinations will be covered for persons over age forty (40). Covered services are digital examination, immunoassay for tumor antigen and prostate specific antigen (PSA).
Employees utilizing providers in the Preferred Provider Networks shall receive benefits as set forth in the Plan. Employees failing to utilize providers in the Preferred Provider Networks shall be responsible for the difference between the benefit levels established in the Network and the charges incurred, unless there are no Network Providers offering the required service within a thirty (30) mile radius of the employee's home terminal or headquarters point. In such instances, benefits will be provided at the usual, reasonable and customary rates, subject to applicable deductibles and co-payments. Co-insurance:80%; 100% after $ 5,000 of covered expenses (excluding deductible).
Outpatient Payable at 50% of the applicable charge (up to a Psychiatric: maximum of $50.00 per treatment) with a $1,000 maximum benefit per year.
Alcoholism,50%, up to $5000.00 per year, twice in lifetime. Substance and Abuse Treatment: Lifetime$1,000,000.00. Maximum: Employee Paid on a pre-tax basis:
Contributions: Employee: $5/ per week Employee +1: $10/per week Employee +2 or more: $15/ per week.
Cost Pre- certification of In Patient hospital stays.
Containment Features:
Vision: 80% to a maximum of $100 per year under medical coverage.
Type of Plan: Comprehensive.
Annual$35.00, but waived for diagnostic and preventative
Deductible: services. Co-insurance:80% for diagnostic, preventative, restorative, and therapeutic expenses. 60% for prosthodontic expenses.
Orthodontia: Not covered. Ref. page 151.
Cost Required treatment plan for expenses over $300.
Annual$1,000.
Life2 x base pay, rounded to the nearest thousand (or $150,000,
Insurance: whichever is greater). AD & D Same as life benefit.
Dependent Spouse $2, 000
Life Child(ren) $1,000
Insurance: Children up to 6 mos. $100.
SHORT TERM DISABILITY PLAN
Type of Plan: Salary Continuation. Waiting30 days. Period:
Benefit: 80% of pay less deductible benefits. Duration:22 weeks or eligible for LTD.
LONG TERM DISABILITY
Benefit:60% of pay.
Minimum: 100.00 per month.
Maximum: 5,000 per month.
Offsets: Primary railroad retirement benefits, and similar income.
Begin: 6 months.
End: Age 65 (later if disabled after age 60 ).
In case of injury, sickness, death or disability for which an employee who is eligible for employee benefits under this Plan and may have the right of recovery against the Company, benefits will be provided under the Plan subject to the provisions set forth herein. The parties hereto do not intend that the benefits provided under the Plan will duplicate, in whole or in part, any amount recovered from the Company for hospital, surgical, medical, dental, disability, death or related expenses or payments of any kind specified in the Plan. The parties intend that benefits provided under the Plan will satisfy any right of recovery against the Company for such benefits to the extent of the benefits so provided. Accordingly, benefits provided under the Plan will be offset against any recovery the employee may have against the Company for hospital, surgical, medical, dental, disability, death or related expenses or payments of any kind specified in the Plan.
SWITCH FOREMAN AND SWITCHMAN
All references to Lead Utility Operating Employees and Utility Operating Employees in switcher service in the 1987, Agreement and subsequent applicable agreements shall hereafter be referred as Switch Foremen and Switchmen, respectively.
EFFECTIVE DATE AND MORATORIUM
TERM AND EFFECT OF AGREEMENT
A. This Agreement shall be effective November 1, 1996, except as otherwise noted herein, and shall remain in effect until changed in accordance with the provisions of the Railway Labor Act, as amended.
Except as modified herein, all previous agreements remain in full force and effect.
B. The parties signatory hereto shall not serve nor progress prior to October 1, 2000, (not to become effective before April 1, 2001) any notice or proposal for the purpose of changing any provision of this Agreement and the 1987, and 1990, Agreements, as modified herein, and all matters contained therein, and any pending notices which propose such matters hereby withdrawn.
C. This article will not bar the Company and the Union from agreeing upon any subject of mutual interest.
SIGNED AT MISSOULA, MONTANA, THIS DAY OF , 1996.
FOR THE BROTHERHOOD OF FOR MONTANA RAIL LINK, INC.
s/ Dale L. McPherson
General Chairman s/ William H. Brodsky
s/ Steven J. Bratka
Vice General Chairman
s/ Don M. Hahs
Vice President-BLE
IMPLEMENTING AGREEMENT
This Agreement, by and between Montana Rail Link, Inc. ("the Company" or "MRL") and the Brotherhood of Locomotive Engineers (the Union), is dated as of October 31, 1987. This Agreement is intended to implement certain aspects of the Agreement between the Company and the Union dated September 12, 1987, (the Labor Agreement). Provisions hereof shall be subject to the provisions of the Labor Agreement.
A. Prior to commencement of operations and within sixty (60) days thereof, the Company shall offer preferential hiring in seniority order, as such seniority is stated on the current applicable Burlington Northern (BN) seniority district rosters, as specifically provided herein. The Union shall provide the Company with lists of BN employees reflecting such seniority (BN Seniority Lists).
B. Locomotive Engineers, holding seniority as such, on the BN Seniority List, provided to the Company specified in Paragraph (A) hereof, who are hired by MRL prior to commencement of operations or within sixty days (60) thereof shall establish seniority as Engineers on MRL according to their standing on the applicable BN Seniority List. Engineers hired by MRL shall also establish seniority as Switchmen to rank in order immediately behind the junior Switchmen hired prior to December 15, 1987.
1.Although it is the intention of the parties signatory hereto to provide preferential hiring to employees currently on BN seniority rosters, as specified herein, it is recognized that the Company has the right to hire sufficient numbers of Engineers to fill its minimum operating requirements, and that upon failing to fill these requirements from existing BN rosters, the Company may hire qualified Engineers from other sources. The seniority of such Engineers shall rank behind Engineers hired from applicable BN seniority rosters prior to commencement of operation or within sixty (60) days thereof. However, it is understood that the hiring of such Engineers may eliminate or reduce job openings for otherwise qualified BN employees during such sixty (60) day period.
C. Fireman and/or hostlers holding seniority as such on BN seniority districts who, as of time of hiring are promoted to Engineer, and who are hired by MRL prior to commencement of operation or within sixty (60) days thereof shall establish seniority as Engineers immediately behind former BN Engineers according to their standing on the applicable BN Seniority List. Fireman and/or hostlers holding seniority as such on BN seniority districts, who have rights thereon to promotion to Engineer, who are hired by MRL prior to commencement of operations or within sixty (60) days thereof shall establish seniority as Switchmen with MRL according to their standing on the applicable BN Seniority List. Fireman and/or hostlers without qualifying BN seniority shall rank in order immediately behind former BN Locomotive Engineers on the Switchmen roster in accordance with Paragraph B. hereof. Firemen and/or hostler with qualifying BN seniority shall retain preexisting promotional rights. Upon successful completion of Locomotive Engineer Training Program, such employees will then be promoted to Engineer and shall be given seniority dates on the Engineers' roster in the same respective order and shall rank in that order behind previously qualified Engineers.
D. BN train service employees (i.e., brakeman, switchmen, conductors) presently holding seniority as such on BN seniority districts who are hired by MRL prior to commencement of operations or within sixty (60) days thereof shall establish seniority with MRL as Switchmen according to their standing on the BN Seniority List. Their rights to promotion in seniority order to Engineers and Switch Foremen is recognized and provided herein. Upon successful completion of the Locomotive Engineers Training Program, such employees shall be given seniority dates on the Company's Engineer roster in the same respective order and shall rank in that order behind previously qualified, promoted Engineers.
1.Although it is the intention of the parties signatory hereto to provide preferential hiring to employees currently on BN seniority rosters, as specified herein, it is recognized that the Company has the right to hire sufficient numbers of Switchmen to fill its minimum operating requirements, and that upon failing to fill these requirements from existing BN rosters, the Company may hire qualified Switchmen from other sources. The seniority of such Switchmen shall rank behind Switchmen hired from applicable BN seniority roster prior to commencement of operations or within sixty (60) days thereof. However, it is understood that the hiring of such Switchmen may eliminate or reduce job openings for otherwise qualified BN employees during such sixty (60) days period.
2.Previously qualified conductors and/or yard foremen will be recognized as promoted Switch Foremen by the Company. Train service employees hired as Switchmen, that have not been previously qualified as conductors and/or yard foremen, will, upon successful completion of Switch Foremen training program, be promoted to Switch Foremen.
E. Switchmen who fail to successfully complete Locomotive Engineer Training Program will retain their seniority standing as Switchmen on that roster. Such employees will not again be considered eligible for promotion to Engineer for a period of one (1) year. It is recognized that during this one (1) year period, junior Switchmen may be promoted and establish Engineer seniority as provided above, and will stand ahead of those who failed the promotion. Ref. page 153.
F. The Montana Rail Link, Inc. seniority date of former Burlington Northern employees hired prior to commencement of operations or within sixty (60) days thereof shall be deemed to be the day the Company first commences operations. For such employees, on each applicable seniority roster subject to this Agreement, the employee with the earliest Burlington Northern seniority date on the applicable BN Seniority List shall receive a seniority time and date of 12:01 A. M., date of commencement of operations. The employee with the next earliest BN seniority date shall receive a seniority time and date of 12:02 A. M., commencement of operations. The employee with the next earliest BN seniority date shall receive a seniority time and date of 12:03 A. M., commencement of operations date, and so forth.
Employees without qualifying Burlington Northern seniority hired prior to commencement of operations shall be awarded a seniority time and date with the Company following that of former Burlington Northern employees, based on the date and time of first service performed of such employees.
NOTE: Engineers: In the event more than one (1) employee is hired the same date and performs service at the same time such employees shall rank in seniority order in the order of their original date of promotion to Engineer on their original road.
NOTE: Switchmen: In the event more than one (1) Switchmen is hired the same date and performs service at the same time such employees shall rank in order according to the order of their date of hire on their previous road.
G. It is recognized that the Company may use promoted or un-promoted Switchmen in the position Assistant Engineer without having established seniority as such, for the purpose of training and/or if promoted Engineers are not available. However, Switchmen used in this manner will not establish seniority as Engineer or Assistant Engineer until they have successfully completed the Engineer Training Program.
H. It is understood that as specified in Paragraph (D) hereof, employees currently holding seniority on applicable BN seniority rosters as conductors/brakeman or switchman and hired by the Company as Switchmen may decline promotion to Engineer. Such employees will retain their seniority standing as Switch Foremen and/or Switchmen. Such employees will not again be considered eligible for promotion to Engineer for a period of one (1) year. It is recognized that during this one (1) year period, junior Switchmen may be promoted and establish Engineer seniority as provided above, and will stand ahead of those who declined the promotion.
I. Employees hired pursuant to Article 1, hereof shall be paid the full pay rates for applicable service as described in Section III, Article 14, to the Labor Agreement, without respect to the provisions of Article 14, of such Labor Agreement.
ENTRY RATE
Employees hired pursuant to Article 1, hereof shall be paid the full pay rates for applicable service as described in Section III, Article 14, to the Labor Agreement, without respect to the provisions of Article 14, of such Labor Agreement.
TIME SYSTEM CREDIT
A. For former Burlington Northern employees hired pursuant to Article 1, hereof, qualifying service at Burlington Northern shall be counted in calculating qualifying service pursuant to Paragraph C, of Section II, Article 7.
B. Former Burlington Northern employees hired pursuant to Paragraph A, of Article 1, hereof and eligible under applicable Burlington Northern agreements for four (4) or five (5) weeks of vacation shall be afforded five (5) additional days for time system purposes pursuant to Section II, to Article 7.
A. Employees hired in accordance with Article 1, hereof may have their applications for employment rejected and employment terminated at any time within six (6) months after commencement operation for any reason, without application of other provisions of the Agreement. Applications rejected by the Company will be declined in writing to the applicant. After the expiration of the six (6) month period as outlined herein, Section III, Article 15, of the MRL-BLE Agreement become effective.
SIDE LETTERS OF AGREEMENT BETWEEN
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
(Listed chronologically)
October 31, 1987 File: MRL 1987 Agmt.
Mr. W. H. Brodsky, President
201 International Way
Dear Mr. Brodsky:
This is in reference to our recent discussion in regard to relieving crews whose time has expired under the Hours of Service Law. It was our understanding that in such instances assigned or extra crews in switcher service would be used to bring the trains in whenever practicable.
If no switcher crews, assigned or extra, are available, the first-out crew in the same pool as the crew tied up under the Hours of Service will be used. The crew so used will be paid as a switcher (rates and time) with a minimum of one (1) day at switcher rate. Upon completion of the aforementioned service the pool crew will be used on their normal assignment, subject to having sufficient time to do so. If, however, the crew has insufficient time to continue the subsequent trip, the crew will be tied up and placed first-out in their respective pool to be called as needed following sufficient rest.
Further, it was understood that crews at the away-from-home terminal may be used for a second tour in dogcatch service only if other crews who had not been used to dogcatch during their round trip were not available. No run-around payment shall accrue to crews run-around because of having made one dogcatch in such instances.
Crews so used will be returned to the position on the board from which called, e.g.: First-out crew used to dogcatch, returns to first-out position. Second out crew used to dogcatch, returns to second out position. Third out crew used to dogcatch, returns to third out position and so on.
It was also understood that pool crews used as specified herein will be subject to restoration of turn in accordance with the schedule provisions.
If the foregoing sets forth your understanding of our discussion relative to this matter, please indicate your concurrence in the space provided. Ref. page 129.
-s- W. H. Brodsky,
President/MRL
-s- R. E. Dean,
Vice President/BLE
File: MRL 1987 Agmt. Sec. II, Art. 23
In reference to our recent discussion relative to Section II, Article 23, RUN-AROUNDS, and consistent with our understanding that crews in pool service will run first in first-out, it was understood the following would apply:
Employees in pool service who are not called in proper order will be left first-out in their respective service and paid as though they made the trip, home terminal to distant terminal, for each run-around. If, however, the crew (employee) run-around is not called prior to the return and tie-up of the crew used in their stead, such crew will be paid the round trip – home terminal to distant terminal and return for each time run-around.
An un-rested pool Engineer will not be considered run-around (i.e., not called in proper turn at an away-from-home terminal) if he/she does not have sufficient time remaining under the Hours of Service Law to protect the service. If the Company does not believe he/she has sufficient time to protect the service, it will use another Engineer, leave the un-rested Engineer first-out and then determine if he/she actually would have had sufficient time. If he/she would have had sufficient time, he/she would be allowed the equivalent of the one way trip.
The determining factor will be the actual on-duty time of the Engineer who was used to perform the service.
If you concur with the foregoing please so indicate by signing in the space provided.
-s- R. E. Dean
-s- W. H. Brodsky
DLM/mp
File: MRL
Because of the confusion which occurred during MRL's commencement of operations, i.e. inadequate records, necessary deadheading, insufficient numbers of persons, etc., and to provide an equitable means for determining the seniority standing of Engineers without BN qualifying seniority, we agreed to the following:
The first thirty-three (33) Engineers hired without qualifying BN seniority which we have previously identified and who, in some cases entered service on the same date and time, shall be placed on the Engineers' Seniority Roster following hired qualified BN Engineers in order of their original date of promotion to Engineer. Non BN
qualified Engineers hired, after those identified above, shall rank as provided in the Agreement.
If you concur with the foregoing, please so indicate by signing in the space provided.
For Montana Rail Link, Inc.
DLM/pp
To: Jim Watkins
From: John L. Grewell
SUBJECT: BLE/MRL Discussions
I agreed to pay time and one-half to assigned employees called in ahead of their starting time. They will receive time and a half for all time prior to their assigned start and then go back on straight time for nine (9) hours. (Overtime to be applied according to the present contract provisions.)
Ref. Sect. I, Art. 4, paragraph D, 2
I agreed to pay one meal after four (4) hours and one meal after each additional eight (8) hour period. (One after four (4), another after twelve (12), another after twenty (20), then twenty-eight (28), and so on.)
I agreed that if Switchmen are not called prior to twenty-eight (28) hours at the away-from-home terminal, they will be called for the first train on duty after twenty-eight (28) hours and sent home. This would be one Switchman per train.
cc: Dale McPherson
AGREED UPON INTERPRETATION
Classes of Service
Helpers will not be used to perform switching. Helpers may be used to handle bad orders or repaired bad order cars on line into terminal. Helpers used to perform switching will be paid for actual time spent switching with a minimum of four (4) hours at switcher rate in addition to all other earnings for the trip. Ref. page 146.
Helper crews may be used to retrieve trains tied up under the Hours of Service if available.
Pool crews will be used straight-away from terminal to terminal. If returned to the terminal of their run, a new day will commence at the time of subsequent departure unless their return is because of equipment failure.
Ref., Sect 2, Article 24, page 108 and page 129.
Switchers used in helper service over five (5) miles from the on-duty point, will be paid a minimum of four (4) hours at helper rate in addition to all other earnings for the trip.
Pool crews or local crews may be used to push or pull disabled trains if there are no helper crews on duty.
Pool crews used to perform work and construction (perform historical work-train work) en route will be paid actual time with a minimum of two (2) hours at the switcher rate of pay in addition to all other earnings for the trip or tour of duty.
J. L. Grewell
Supt. MRL W. C. Keppen
Gen. Chairman BLE
Signed: July 6, 1988
SWITCHERS IN HELPER SERVICE
W. C. Keppen
General Chairman, BLE
333 Sibley Street, Suite 410
St. Paul, MN. 55101
Dear Mr. Keppen,
Reference our discussion of the claim of Engineer L. Goeble and crew, Jim Mulcahy and G. W. Moffet, dated May 7, 1988, claiming four (4) hours at pro rata rate for helper service performed while in switcher service.
It was mutually agreed that the claimants will be paid four (4) hours at helper rate. It is also agreed that analogous claims of record will be settled on the same basis, including claims involving crews in helper service used to perform switching service.
AGREED UPON INTERPRETATIONS
It is interpreted in the Letter of Understanding dated October 31, 1987, concerning Hours of Service relief, switcher service and helper service will be interchangeable with regard to their use to effect Hours of Service relief. It is further understood, employees in local service will be used to affect hours of service relief only in the direction they are running and on their assigned territories.
Ref. pages, 93, 128, 129, 144.
John L. Grewell Dale McPherson
Date 7/7/1988 Brotherhood of
ENGINEER TRAINEE MANNING PROVISIONS
A. The Engineer Training Program will be divided into three basic sections; such sections being:
1.The classroom segment,
2.The Engineer trainee segment, and
3.The Assistant Engineer/ Engineer trainee segment.
B. Upon notification to attend the Engineer Training Program, an employee will have seven (7) days in which to respond whether or not he/she intends to enter the program.
Notification will be mailed thirty (30) days prior to the date of the next training class, and in the event that declinations force shorter notification, employees will be provided as much notice as possible.
The employee will be considered enrolled in the training program on the date written response is received by the Company and the time period of the program will commence effective with the first day of classroom training.
C. The classroom phase of training will consist of three (3) weeks of intensive instruction on locomotives, air brake equipment, train handling rules and operating rules. This phase will count as fifteen days of the total training period.
D. The second phase is that of Engineer trainee. Engineer trainees will be called in addition to train crews on trains for a period of sixty (60) days. If after sixty (60) days it is determined that the trainee lacks sufficient train handling skills, an additional forty-five (45) days will be provided. Another thirty (30) days will also be provided on an individual basis if again determined necessary.
NOTE: It is understood that the Locomotive Engineer or Engineers designated as trainers shall report to the Locomotive Engineer Training Program instructors if, in the trainer's opinion, an individual needs additional instruction.
E. Following completion of the second phase of the training program, Engineer trainees will be placed on pool crews with an Engineer trainer/instructor and will perform the duties and responsibilities of an Assistant Engineer for the duration of the training period if the trainee's seniority permits……end….
Ref. pages 122 and 153.
HELPER GUARANTEE
333 Sibley St., Suite 410
During our discussion regarding helper service, it was agreed the following options are available to employees regularly assigned in helper service:
Option 1: A regular employee in helper service may, at his/her option, be guaranteed the money equivalent of pay at helper rate corresponding to the number of days in the month. An employee desiring this option must advise the Crew Office in writing on or before the 25th day of the month preceding the month in which this option is desired. Employees who request, and are allowed to lay off while utilizing this option, will have their guarantee amount reduced by one basic day on a one-for-one basis for each twenty-four (24) hour period the employee is not available for service.
Option 2: A regular employee in helper service may, at his/her option, be guaranteed the money equivalent of twenty-four (24) pay slips at helper rate. An employee desiring this option must advise the Crew Office in writing on or before the 25th day of the month preceding the month in which this option is desired. Under this Option two (2), employees will be assigned one (1) day off per week. The day off will commence upon the employees tie up on the day assigned as the off day and should be for a twenty-four (24) hour period.
It is further understood that for each time slip submitted for service performed in helper service, one basic day payment only will be used to offset guarantee payment due.
If this accurately sets forth our discussion and understanding, please indicate your concurrence in the space provided below.
John L. Grewell W. C. Keppen
Montana Rail Link Gen. Chairman BLE
Mr. Dale McPherson
Vice General Chairman, BLE
Suite 410, 333 Sibley St.
Mr. McPherson:
In reference to claims progressed under Section II, Article 13, Paragraph D, of the BLE/MRL Contract which were discussed in conference July 19, 1988.
During this conference, in reference to the claim of T. D. Hynes and D. Sloan, time slip 2-21 of February 22, 1988, it is agreed that, although the contract does not provide for payment at the time and one-half rate for time in excess of twelve hours resulting from a trip involving travel time (Sec. II, 30), payment for time in excess of twelve hours will be made in these circumstances.
However, in these circumstances where a crew handles a train from home terminal to the distant terminal and is then called short of legal rest to handle a train back to the home terminal, the crew will be paid time and one-half for all time commencing one (1) hour after time has expired under the Hours of Service Law until relieved at the terminal.
It was further agreed that all claims of record would be allowed as submitted.
Claims arising, hereafter, will be settled on the basis of the above understanding.
Ref. page 145.
Mr. J. L. Grewell
Superintendent MRL
Laurel, MT 59044
Dear Mr. Grewell
In regard to Section II, Article 4, to be effective September 15, 1989. It is understood that qualified, promoted Engineers will not be forced to another zone to fill Assistant Engineer positions as long as Assistant Engineer positions are manned by non-qualified, non-promoted employees (Switchmen) in their then existing home zone.
If this sets forth your understanding, please indicate your concurrence in the space provided.
Very truly yours I concur;
Gen. Chairman BLE J. L. Grewell
Supt. MRL
Mr. W. C. Keppen
Brotherhood of Loco. Engrs.
333 on Sibley St., Suite 410
Dear Sir;
During our conference of March 30, 1989, in St. Paul, Minnesota, various claims of travel time (deadhead) were discussed. To eliminate the evident confusion with regard to circumstances where travel time (deadhead) payments are due, the following examples clarify the intended application of Section II, Article 30, (Travel Time). Future claims and claims of record shall be resolved accordingly. Example No. 1:Crew relieved under Hours of Service Law is transported to the tie-up point.
Crew to receive pay for the service position of the trip plus any overtime applicable pursuant to letter of understanding dated July 19, 1988. No deadhead (Article 30) payment applicable. Ref. page 83.
Example No. 2:Crew called as regular or extra switcher, or regular or extra helper is transported to relieve crew tied up under Hours of Service Law.
Crew to receive pay for the service portion of the trip at switcher or helper rate, whichever is applicable, plus any overtime accruing pursuant to Section I, Article 4. No deadhead (Article 30) payment applicable.
Example No. 3:Crew is transported from on-duty point to the location of the train consuming one (1) hour, work job assignment for eight (8) hours, then is transported back to the original on-duty point, consuming one (1) hour and is tied up thereat. Crew is to receive ten (10) hours pay at the rate (class and craft) applicable to the service position of the trip. No deadhead (Article 30) payment applicable.
Example No. 4:Crew deadheads from on-duty point to headquarters point of an outlying job/assignment consuming two (2) hours, then without tie-up works eight (8) hours on outlying job/assignment and is tied up at the headquarters point which is not the terminal from which called initially.
Crew to receive four (4) hours at switcher rate plus any pay at the class and craft applicable to the service performed.
Example No. 5:Crew deadheads Missoula to Spokane consuming less than four (4) hours then ties up at Spokane for less than ten (10) hours then called and works Spokane to Missoula.
Crew to receive four (4) hours at switcher rate plus pay at the class and craft worked on the service portion for the trip.
Example No. 6:Crew in Example No. 5, is tied up more than ten (10) hours before being called for a succeeding trip.
Crew to receive eight (8) hours pay at switcher rate for the deadhead portion of the trip.
Example No. 7:Crew deadheads from Missoula to Helena consuming six (6) hours and twenty (20) minutes, then is tied up for less than ten (10) hours, then works Helena to Missoula.
Crew to receive six (6) hours twenty (20) minutes at switcher rate plus pay applicable to class and craft of the service worked.
Example No. 8:Crew in Example 7, is tied up for more than ten (10) hours before being called on duty at headquarters point.
In all cases involving payments made under Article 30, (Travel Time) such payment are to be at the straight time rate.
If you agree this accurately sets forth our understanding. please signify your concurrence in the space provided.
Ref. Sect II, Article 30, and page 139.
It is agreed that the following will apply in the application of Section II, Article 24 (Restoration of Turn):
1.The regular Engineer on the turn will make the decision to restore the turn or not restore the turn.
2.If the regular Engineer is off, the regular Assistant Engineer on the turn will make the decision to restore the turn or not restore the turn.
3.If the regular Engineer and Assistant Engineer are off, the turn will be restored.
It is agreed the following will be added to the April 10, 1989, letter of understanding which addresses Section II, Article 5, (Extra boards):
Ref. page 121. K. Extra board employees laying off, or missing call, will remain off for a minimum of twenty-four (24) hours. Such employees may be used before the expiration of twenty-four (24) hours if no other employees are available
I agree with the above and signify by signing.
Supt. MRL L. Spear
L. C. Division 232G. T. Hagemo
LC Division 262
FIVE SIDE LETTERS OF AGREEMENT
ADOPTED NOVEMBER 1, 1989
SIDE LETTER – Number 1
General Chairman
Dear Mr. Keppen:
This will confirm our understandings, reached during negotiations of the November 1, 1990, Agreement, that if ratification and approval of the November 1, 1990, Agreement between the parties occurs on or prior to December 31, 1990, the Company will pay a Signing Bonus. If ratification and approval does not occur by such date, no Signing Bonus will be paid.
Such Signing Bonus will be equal to three (3%) percent of all Montana Rail Link, Inc. wages, overtime, other wages and profit sharing earned in a position or positions under the Agreement between the Company and the Union during the period from January 1, 1990, to December 31, 1990. Payment of the Signing Bonus will be on or before April 1, 1991, (payment date). In order to be eligible for the Signing Bonus, an employment relationship (active, furloughed, flex time or approved leave of absence) under the BLE Agreements must have existed between the employee and the Company as of October 31, 1990.
William H. Brodsky
President, Montana Rail Link W. C. Keppen
This will confirm our understanding reached during negotiations of the November 1, 1990, Agreement, and to modify Section 2, Article 23, of the BLE Agreement, as follows:
When circumstances dictate, crews may be deadheaded, out of turn, from the-away-from-home terminal, without penalty.
This Agreement will be in effect for a minimum of six (6) months. After the six (6) month trial period this Agreement may be canceled by either party, signatory hereto, upon seventy-two (72) hours written notification.
It is understood that the first-out crews will still be deadheaded if the remaining crews can protect projected trains without delay.
The purpose of this letter Agreement is to improve quality of life for pool crews by increasing time at home, while decreasing unnecessary time at the away-from-home terminal.
The intent is to deadhead crews home as soon as possible, out of turn, without penalty, if they are not needed at the away-from-home terminal and would be deadheaded home at a later time.
ASSISTING OTHER CREWS
This will confirm our understandings reached during negotiations of the November 1, 1990, Agreement, wherein it was agreed that Engineers and Switchmen in helper service bulletined jobs, pools or extra service shall assist the crews of through or local assignments using helpers in any tasks that may be performed by such crews.
This will confirm our understandings reached during negotiations of the November 1, 1990, Agreement, that the parties will negotiate a local agreement establishing uniform criteria for the calling of extra local and switcher assignments. Ref.page 93.
To :Superintendent Grewell – MRL
From: BLE Div. #232 and #262
RE: Extra Switch vs. Extra Local
In side letter number 4, attached to the recently signed MRL-BLE contract, it states that we should enter into a local agreement establishing uniform criteria for the calling of extra locals and extra switcher assignments.
It is our desire to have the most qualified crew in place to do the required work.
Therefore the following will apply:
EXTRA SWITCH:
1.All extras called for extra yard switch work (classifying cars, etc.) will be called as an extra switch.
2.All extras called for transferring cars between Laurel and Billings yards will be called as an extra switch.
3.All extras called to relieve a switch crew, either due to Hours of Service relief or assigned day(s) off will be called as an extra switch.
4.All extras called to relieve crews due to Hours of Service, except as noted below will be called as the contract directs, i.e. as an extra switch.
EXTRA LOCAL:
1.All extras called for traditional local work (service industries on line) will be called as an extra locals.
2.All extras called for traditional work train work will be called as an extra local.
3.All extras called to do any duty that requires two (2) qualified Engineers will be called as an extra local (e.g. Loading coal at Huntley, loading rock at McQuarrie).
4.All extras called to relieve a local crew due to Hours of Service relief will be called as an extra local if said extra will be expected to perform service other than simply "dog catching" the assigned crew. (e.g. If you expect the extra to finish servicing industries then it will be an extra local.)
5.All extra's called to relieve a local crew due to assigned day(s) off will be called as an extra local.
In all cases it is our intention to get the best qualified crews to perform the work needed.
Also, in all cases it is intended that extra work will be filled from the applicable extra boards.
Bob Speare
LC BLE 232 Ted Hagemo
LC BLE 232
I concur:
Superintendent/ MRL
This will confirm our understandings reached during negotiations of the November 1, 1990, Agreement, that a Benefits Committee shall be established for the purpose of reviewing the effectiveness of, and suggesting modifications to, the health and welfare programs of the Company. The Benefits Committee shall include representatives of the Company and the Union and shall meet periodically as determined by the members of such Committee.
Local Side Letters Of Agreement Between
And Its Employees Represented By
The Brotherhood Of Locomotive Engineers
All reprints are in chronological order of implementation. All are subject to cancellation by written notice of either party signatory.
LIVINGSTON EXTRA BOARD
Robert L. Speare
Local Committee Chairman/BLE
Sir:
It is our desire to establish an Engineer and Switchmen extra board at Livingston per Section II, Article 5, of BLE/MRL Agreement. These positions will be bulletined per Section II, Article 2, and 4, and if no bids are received the bulletins will be canceled.
The extra boards may be supplemented on an as-needed basis from the Laurel extra boards. The employee called to supplement the Livingston extra board will be filling a temporary vacancy on the Livingston Extra Board per section II, Article 3,
Paragraph C & D, and may request relief after seven (7) days as provided in Article 3. The supplemental employees from Laurel will not be held at Livingston unless a visible vacancy exists for each extra man within the next calendar day. The supplemental employees from the Laurel extra board will receive away-from-home expenses per Section II, Article 21, Paragraph D.
Ref. pages 123, 125 and 130.
This Agreement may be canceled upon ten (10) days notification in writing from either party.
John L Grewell
Superintendent/MRL Robert L. Speare
HELENA EXTRA BOARD
Duane M. Parker
Local Chairman, BLE Div. 262
Mr. John Grewell
Superintendent/MRL
It is our desire to establish an Engineer and Switchmen extra board at Helena per section II, Article 5, of the BLE/MRL Agreement. These positions will be bulletined per Section II, Article 2, and 4, and if no bids are received the bulletins will be canceled.
The extra boards may be supplemented on an as- needed basis from the Missoula extra boards. The Employee called to supplement the Helena extra board will be filling a temporary vacancy on the Helena extra board per Section II Article 3, Paragraph C & D, and may request relief after seven (7) days as provided in Article 3. The supplemental employees from Missoula will not be held at Helena unless a visible vacancy exists for each extra man within the next calendar day. The supplemental employees from the Missoula extra board will receive away-from-home expenses per Section II, Article 21, Paragraph D.
Superintendent/MRL M. Parker
LC-BLE 262
Mr. R. L. Speare
Local Chairman – BLE Mr. G. T. Hagemo
Local Chairman – BLE
Livingston, MT 59047 Lolo, MT 59847
Dear Local Chairman:
SUBJECT: BLE Agreement Additive – Article 5, Sec II, (Extra Board).
During recent discussions you have proposed an addition to Article 5, Section II, (Extra Boards). Following is that proposal with one (1) sentence I have added which is underlined.
1.Extra employees, laying off on call, or not available at call time, for an outlying job/assignment will, upon mark up, be sent to relieve the individual that was called instead to fill the position at the outlying point, provided; the individual sent, has requested to be relieved.
This will be accomplished with no travel time payment to either individuals involved except one over and one back.
G. When two (2) extra Engineers are called for the same time but on different jobs/assignments, the Engineer standing first-out will be given choice of jobs/assignments.
H. When two (2) extra Engineers are needed for the same crew, the senior of the two (2) will be given choice of positions (Engineer or Assistant Engineer). The two (2) extra Engineers thus called will be placed back on the board in the same order as when called.
1.Placement of extra employees shall be governed by "arrival time" when returning to the board from use on jobs without scheduled start times. "Tie-up" time shall govern placement for extra employees used on jobs with scheduled start times.
I. When two (2) Switchmen are called from the extra board for the same time but on different jobs/assignments, the Switchmen standing first-out will be given choice of jobs/assignments.
J. When two (2) Switchmen are called from the extra board for the same crew, the senior will be given choice of positions, provided such employee meets qualifications necessary. The two (2) Switchmen thus called will be placed back on the board in the same order as when called.
NOTE: Placement of extra Switchmen on the Switchman's extra board shall be in accordance with Paragraph H, Subparagraph 1. above.
If you concur with the addition of this language to contract Section II, Article 5, please signify in the space provided.
John L. Grewell
JLG:smh
I concur I concur
R. L. Speare
Local Chairman/BLE
Livingston, MT G. T. Hagemo
This refers to our Prevention Program, Companion Agreement for employees covered by your organization working for Montana Rail Link.
It is my understanding the course of treatment outlined in these two sections will include attendance by the party involved at six (6) Alcoholics Anonymous and/or Narcotics Anonymous meetings, whichever is applicable, per month during the twelve (12) month period outlined unless the EAP counselor has strong objections, he/she can articulate for a particular individual. It is further my understanding the EAP Counselor and/or MRL management, in the case of an in service probationary employee, will have full authority to determine the appropriate monitoring procedures during the twelve (12) month probationary period.
If this accurately sets forth our discussion of this matter, please signify your concurrence in the space provided.
Superintendent/MRL W. C. Keppen
In reference to our recent discussion relative to Rule G, Bypass Agreement, and consistent without our understanding that an alcohol and drug free environment is an essential element in maintaining a safe work place, and further that recognizing the importance of the rehabilitation and education process in dealing with problems which arise from alcohol and/or drug use, it was understood the following would apply:
To encourage employees with suspected alcohol and/or drug abuse problems to voluntarily, on a self referral basis, contact the EAP counselor for evaluation and/or treatment if necessary, Montana Rail Link will absorb the portion of the cost of said rehabilitative treatment not covered by the Company health and welfare insurance plan.
Further, in order to remove any hesitation or reluctance on the part of co-workers, the above terms will apply in instances of a co-worker referral.
If you concur with the foregoing, please so indicate by signing in space provided
JR. E. Dean
Vice President / B. of L. E W. H. Brodsky
President, MRL
Rule G By-Pass Agreement
In a joint effort to provide a safe working environment and as an alternative method of administering Rule G on the Montana Rail Link,
1.If any member(s) of a crew believe another member may be in violation of Rule G and that crew member(s) is uncooperative a Company supervisor must be contacted immediately. If, upon investigation, the Company supervisor determines there is an apparent violation of Rule G, the employee shall be removed from service.
The Company supervisor and the employee (and/or the employee's duly authorized representative) will document the circumstances which contributed to the removal from service on the prescribed form(s) within twelve (12) hours of the incident (form attached).
Transportation at the Company's expense will be furnished to the employee's home terminal when a removal from service occurs.
2.An employee relieved from service, under Paragraph 1, above, must contact the designated Employee Assistance Program (EAP) Counselor within five (5) days of the removal from service. If the employee contacts the EAP Counselor and accepts counseling, the employee will be paid for the full tour of duty or trip lost (one way) as a result of his/her removal from service.
3.If the employee complies with the requirements set forth in Paragraph 2, and the EAP Counselor determines the employee is not in need of counseling, the employee will be returned to service immediately. There will be no claim progressed for any time lost as a result of the removal from service other than as provided in Paragraph 2.
4.In the event the EAP Counselor determines the employee is in need of counseling, the employee will be returned to service upon recommendation by the EAP Counselor. There will be no claim progressed for any time loss as a result of the removal from service other than provided in Paragraph 2.
5.If the employee does not contact the EAP Counselor within five (5) days, or following contact, does not accept counseling as provided in Paragraph 4, above, the employee will be furnished a notice of a fact-finding session.
Such notice will be furnished not later than seven (7) calendar days from the date of notification advising that the employee refused counseling.
Reasonable requests for postponement of the fact-finding session will be granted upon such request by the employee or the duly authorized representative. Should the employee request a formal fact-finding session, the employee(s) who originated the action as provided in Paragraph 1. will not be required to attend as a witness.
6.This Agreement shall apply two (2) times only, to each employee covered by this Agreement. Thereafter, all regular rules and agreements shall apply.
7.This Agreement is effective, June 1, 1989, and may be terminated by either party upon service of thirty (30) days written notice upon the other party.
Prevention Program Companion Agreement
Montana Rail Link and the Brotherhood of Locomotive Engineers, jointly recognize that safety is the paramount concern and, further, that an alcohol and drug free environment is an essential element in maintaining a safe work place.
The parties recognize the importance of the rehabilitation and education process in dealing with problems which arise from alcohol and/or drug use. Therefore, it is mutually agreed that the following will govern in situations where an employee fails to take advantage of the provisions of the Rule G By-Pass Agreement or in instances where the Rule G By-Pass Agreement does not apply.
The provisions of the Rule G By-Pass Agreement will not apply in circumstances where a Company supervisor identifies the individual who is in violation of Rule G without a referral by the individual's co-worker.
1.An employee who has been dismissed from service as a result of violating Rule G may elect to participate in the Rule G Rehabilitation/ Education Program (Rule G R/E Program), provided: the incident giving rise to the dismissal did not involve major rule violations other than Rule G, and it is the employee's first Rule G violation on MRL.
2.A letter, notifying the employee of the availability of the R/E Program and containing a request form to be completed by the employee, shall be attached to the Notice of Dismissal served on the employee.
3.The employee may elect to participate in the R/E Program by completing and returning the request form to the Company supervisor who signed the Notice of Dismissal within ten (10) days of receipt of the notice.
4.Thereafter, the employee must contact the Employee Assistance Program (EAP) Counselor within three (3) days of electing to participate in the R/E Program.
5.Participation in the R/E Program shall continue for a period of twelve (12) months unless the employee elects to withdraw from the Program or fails to follow the course of treatment established by the EAP Counselor.
6.After being contacted, the EAP Counselor shall evaluate the employee to determine whether or not the employee may safely be returned to service and the course of treatment, if any, which the employee should follow.
7.If the evaluation indicates the employee may safely be returned to service, the employee will be returned to service on a probationary basis, with all seniority unimpaired. Following return to service, the employee must follow the course of treatment, if any, established by the counselor during the remainder of the twelve (12) month program.
8.If the evaluation indicates the employee cannot safely be returned to service, said employee shall continue in the status of a dismissed employee until subsequent evaluation(s) indicate that it is safe to return the employee to service, on a probationary basis. The employee must follow the course of treatment established by the counselor, while out of service, and after return to service, during the remainder of the twelve (12) month Program. Ref. page 101.
9.If, at any time during the twelve (12) month period referred to in Paragraph 5 above, the employee fails to follow the course of treatment established by the counselor, and the counselor so notifies the carrier, in writing, the Company may remove the employee from the Program. Should such failure occur after the employee returns to service and during the twelve (12) month probationary period, the carrier may, without necessity of disciplinary procedures remove the employee from service. An employee removed pursuant to this Paragraph 9, will be considered dismissed with the following exception: A second, and final, twelve (12) month probationary period may, upon recommendation from the EAP Counselor, be available to the employee within ten (10) days from the date employee was removed from the program or service, whichever occurs later.
NOTE: Recognizing the importance of confidentiality, the Company will designate the supervisor of its choosing to receive information and correspondence from the EAP Counselor(s). The Company shall notify the representatives of the Brotherhood of Locomotive Engineers the name of the Supervisor designated.
10.Any employee who voluntarily removes him /herself from the program prior to completion shall be considered dismissed without necessity of disciplinary proceedings.
11.If the employee successfully completes the R/E Program a notation to that effect shall be placed on the employee's Personal Record. The employee's probationary status shall terminate and all seniority and other rights shall be restored.
12.No claims shall be progressed by or on behalf of the employee based on time lost as a result of the incident leading to the employee's participating in the R/E Program.
13.This Agreement is effective June 15, 1989, and may be terminated by either party upon service of thirty (30) days written notice upon the other party.
1923 Shannon Rd.
Laurel, Mt. 59044
SPLIT REST
Dear Mr. Grewell,
During recent conversation it was agreed that the following will apply: Employees in any class of service will not be called short of legal rest at their home terminal unless the board is exhausted. (This to include either split rest or continuous time service.) Ref. page 137.
Extra Board employees called to deadhead to an outlying terminal to supplement an extra board may be used short of legal rest (this to include either split rest or continuous service) only on the first tour of duty at the outlying terminal.
If you concur with the foregoing please indicate so by signing in the space provided.
LC – BLE 232 G. T. Hagemo
LC – BLE 262
-s- Bill Keppen
GC – BLE
I concur,
-s- John L. Grewell
Superintendent – MRL
During recent conversation it was agreed that Section 2, Article 24, RESTORATION OF TURN, would be modified and that the following will apply:
Employees in pool service who are run-around at the initial terminal, en route, or at the final terminal will be restored to their proper position in the pool upon arrival at the distant terminal of that run, if the crew so desires. If the crew is in conflict as to restoration, the Engineer will make the decision as to restoration.
If not restored at the away-from-home terminal, the employee(s) will be restored to the proper position at the home terminal, if the crew so desires. It shall be the responsibility of the employees(s) run-around to notify the appropriate crew office personnel of the desire to be restored; such notification must be given within thirty (30) minutes of relief from duty for the trip in which the run-around occurred. An employee(s) failing to notify the crew office upon tie-up will forfeit eligibility for restoration for that particular run-around.
Employees in pool service turned back en route will be paid as though they had completed the round trip, home terminal-distant terminal and return.
Ted Hagemo
LC – BLE 262 Bob Speare
-s- J. L. Grewell
OFFICE OF SUPERINTENDENT October 27, 1989
Mr. D. L. McPherson
333 Sibley St. – Suite 410
St. Paul. MN 55101
Dear Mr. McPherson:
SUBJECT: Local Agreement : Extra Board
Reference your letter October 23, 1989.
File: MRL Sec. II, Art. 5.
Attached is the signed original local agreement consenting to additions of the extra boards operating on a first in first-out basis. Those parties signatory to the Agreement are copies with this cover letter.
Mr. John Grewell October 13, 1989
1923 Shannon Road
Laurel Mt. 59044
In reference to our past discussion relative to Section 2, Article 5, EXTRA BOARDS, and consistent with our understanding that all extra boards shall operate on a first in, first-out basis, it was understood that the following additions would apply:
An extra employee laying off must be laid off for a twenty-four hour period. After that time limit, said employee can place him/herself at the end of the applicable extra board and mark up for work.
Ref. page 87, and page 140. K
It is noted that Montana Rail Link may have to bypass this twenty-four hour rule when manpower situations so dictate. It is understood that these additions may be canceled by either party with ten (10) days written notice.
If you concur with the aforestated please so indicate by signing the space provided.
-s- W. C. Keppen
ADDENDUM TO
MRL-BLE AGREEMENT
LOCOMOTIVE ENGINEER TRAINING PROGRAM
Employees who have by-passed their opportunity to enter the Locomotive Engineer Training Program (LETP), have voluntarily withdrawn from the Locomotive Engineer Training Program, or who have failed the Locomotive Engineer Training Program must submit written notice to the carrier of their intent to re-enter the program forty five days in advance of the session they desire to enter. Employees failing to comply with these provisions will not be considered for re-entrance into the Locomotive Engineer Training Program. The carrier will provide forms designed for this purpose.
It is further understood that future eligibility will date from the date of declination to enter, voluntary withdrawal, or failure. Future eligibility will be one year from the aforementioned date in line with the provisions of the prevailing MRL-BLE Locomotive Engineer Training Agreement.
This addendum only modifies the provisions of Section IV, Article 1, (Locomotive Engineer Training Program) of the MRL-BLE Agreement as expressly stated. This addendum may be canceled by either party signatory with ten days written notice.
-s- J. Grewell,
MRL Supt.
-s- T. Hagemo,
BLE 262 LC
-s- R.L. Speare,
Dated January 17, 1990
Mr. Robert Speare
B. of L. E. Local Chairman
In the case where so called "set up" crews are used out of the home terminal, they will be called at the away-from-home terminal in the following fashion:
1.They will not be held away from home, while pool crews who were called behind them at the home terminal are restored ahead of them away from home.
2.They will be run out of the away from home terminal in the same sequence that they were called from the home terminal
(*Example: If the set up crew is called out of Laurel on the third train of the day, and through normal pool restoration the pool crew that were called behind drops in the calling order at the away from home terminal, the set up crew will be called on the third train out of the away-from-home terminal.)
If you concur, please signify by signing in the space provided below.
-s- D. S. Swanson
Mgr. Crew Ops.
I concur with the above, and agree that this Agreement may be canceled with a ten day written notice by either party signatory,
LC – BLE 232 J. L. Grewell
In the situation where the Engineers extra board is exhausted, and Assistant Engineers have been used to fill Engineers vacancies, we would like to come to an understanding on their further use.
In the above case, we would like to use the Engineer called from a "flow-back" position to protect further vacancies at that location. In essence, the flow-back Engineer would remain first-out subject to call until his/her pool turn returns. The employee will at his/her option remain first-out for the next vacancy (unless men on the Engineers extra board become rested). This option must be exercised upon tying up from the first job from which they were called off their turn.
It seems to me that this option would allow those employees to recoup lost earnings (if any) and prevent other employees from being called in accordance with the contract and loose their pool turn on that occasion.
Employees must understand they are subject to call until their pool turn is rested in their home terminal.
If you concur with the above please signify by signing in the space provided below.
-s- Dave Swanson
I concur with the above and agree that this Agreement may be canceled with a ten
day written notice by either party signatory.
MONTANA RAIL LINK, INCORPORATED
For the purpose of establishing a special adjustment board under Section III, Second, of the Railway Labor Act, as amended; by Public Law 89-456, IT IS AGREED:
A. There shall be established a special adjustment board which shall be known as Public Law Board No______, hereinafter referred to as the "Board."
B. Such Board shall have jurisdiction only of the claims and grievances submitted to it under this Agreement, arising out of the interpretation of agreements governing rates of pay, rules or working conditions, including discipline. Said claims and grievances shall be only those on which a decision has been rendered by the highest officer designated to handle such claims or grievances. The Board shall not have jurisdiction of disputes growing out of requests for changes in rates of pay, rules or working conditions nor have authority to change existing agreements or establish new rules.
C. The Board shall consist of three members. One member shall be selected by the Montana Rail Link, Inc. (hereinafter referred to as the "Company") and shall be known as the Company Member. Another member shall be selected by the Brotherhood of Locomotive Engineers (hereinafter referred to as the "Organization") and shall be known as the Employee Member. A third member, who shall be Chairman of the Board, shall be a neutral person, unbiased as between the parties, and shall be selected as provided in Paragraph (D) hereof. Party members of the Board may be changed from time to time, or at any time, by the respective parties designating them.
Notices of such changes shall be made to the other party in written form.
The Company member of this Board shall be for Montana Rail Link, Incorporated.
The Employee Member of this Board shall be for The Brotherhood of Locomotive Engineers
D. The Company Member and the Employee Member shall meet at a time and place acceptable to both parties within thirty (30) days after execution of this Agreement for the purpose of selecting the Neutral Member of the Board. If the party members can agree upon the Neutral Member and the person so selected accepts the appointment, then such person shall serve as Neutral Member and Chairman of the Board. If, within ten (10) days after such first meeting, the party members are unable to agree upon the Neutral Member, either member of the Board may request the National Mediation
Board to appoint the Neutral Member and Chairman. In case of a permanent or temporary vacancy on the Board, with respect to either party member or neutral, the vacancy shall be filled in the same manner as the original selection.
E. The compensation and expenses of the Company Member shall be borne by the Company. The compensation and expenses of the Employee Member shall be borne by the Organization. The compensation and expenses of the Neutral Member and Chairman shall be fixed and paid by the National Mediation Board. However, the compensation and expenses of the Neutral Member may, by mutual Agreement, be borne equally between the Company and Organization.
F. The Board shall meet at ___________, as soon as practical and at regularly stated times thereafter until all matters submitted to it under this Agreement are disposed of.
G. The Board shall hold hearings on each claim or grievance submitted to it. Due notice of such hearing shall be given the parties. At such hearings, the parties may be heard in person, or by other authorized representatives as they may elect. The parties may present, either orally or in writing, statements of facts, supporting evidence and data and argument as to their position with regard to each case being considered by the Board. The Board shall have the authority to request the production of additional evidence from either party.
H. A determination that a third party may have an interest in a dispute shall be made by the Board. Where it is determined that a third party may have an interest in a dispute, such party shall be notified by the Board of the dispute.
Such third party shall be, together with a copy of the claim and a copy of this Agreement, given reasonable notice of the time and date the dispute it to be heard by the Board and an opportunity shall be afforded said third party to appear before the Board on such date and present its cases to the Board in a manner consistent with the rules and procedures adopted by the Board, including the right to appear at any executive session of the Board convened for the purpose of considering and adopting any proposed award involving third parties. The Neutral Member of the Board shall be one of the two or more members of the Board rendering an award in a dispute where notice of hearings has been given to third parties.
I. The board shall make findings of fact and render an award on each case submitted to it, within sixty (60) days after the close of the hearings of each claim, with the exception of such case or cases as may be withdrawn from the Board by the party submitting the case. No case may be withdrawn after hearing thereon has begun, except by mutual agreement of the parties. Such findings and award shall be in writing and copies furnished to each of the parties to the dispute, and if in favor of the petitioner, shall direct the other party to comply therewith on or before thirty (30) days after the decision is rendered. Each member of the Board shall have one vote and any two members of the Board shall be competent to render an award and to make any decision which the Board is empowered to make by statute or agreement, except as provided in Paragraph H.
J. Awards of the Board shall be final and binding on the parties subject to the provisions of the Railway Labor act, as amended by Public Law 89-456. No awards shall be rendered in a dispute involving third or additional parties unless it is resolved as to all parties involved. If, in a judicial proceeding, an award is held not binding on one or more of the parties to the dispute, including third or additional parties, for failure to conform or be confined to matters within the scope of the Board's jurisdiction or for fraud or corruption by a member of the Board making the award, the award shall be deemed not binding on any of the parties.
K. In case a dispute arises involving an interpretation or application of an award, while the Board is in existence or upon recall within sixty (60) days thereafter, the Board, upon request of either party, shall interpret the award in light of the dispute.
L. The Board hereby established shall continue in existence until it has disposed of all claims and grievances submitted to it under this Agreement, after which it will cease to exist, except for interpretation of its awards as above provided.
This Agreement signed at ______________ this __ day of __________, _______.
FOR MONTANA
RAIL LINK INC. FOR THE
BROTHERHOOD OF
LOCOMOTIVE ENGINEERS:
John L. Grewell General Chairman
SENIORITY EXTRA BOARD
It is the desire to establish a seniority extra board for the purpose of filling overtime shifts in the yard and it is the desire to establish a seniority extra board for vacancies on the road that cannot be otherwise filled. The following will be the application of filling such vacancies:
1.For vacant positions (Engineer, Switch Foreman and Switchman) employees will be called and used on their assigned days off in seniority order and returned to the board in their seniority standing.
2.Employees will not be subject to miss calls on the Seniority Extra Board.
3.In yard service, any work performed on assigned days off will be compensated at time and one-half of the pro-rata rate and will not include the loss of a scheduled assignment if such should occur.
4.In other than yard service, work performed will be at the current pro-rata rate and will not include the employee's scheduled assignment if such a cost should occur.
5.Employees rejecting a service offer under this Agreement will be held from further call consideration for a period of thirty (30) days without penalty to the carrier.
6.Written notice to get on or off the board is to be made by crew check day (Monday after pay day).
Cancellation of this Agreement may be made by any person signatory with seventy-two (72) hours advance written notice.
If you agree with the proposed, please signify by signing below:
G. T. Hagemo R. L. Speare,
Division 262 Division 232
MRL Superintendent
HOG BOARD
John Grewell
Dear John,
During a recent discussion we agreed that section II, Article 3, Paragraph D, would be modified to the extent that Engineers on the Seniority Extra Board (Hog board) would be called to fill temporary vacancies ahead of the last out rested Assistant Engineer.
-s- John Grewell
Montana Rail Link., Supt.
Laurel, MT
In reference to our past discussion relative to Section II, Article 2, Paragraph E, (1) and Section II, Article 4, Paragraph 1,(a), concerning the filling of vacancies in the pool, it was understood that the following would apply:
An employee placing into the pool due to a permanent vacancy awarded through the job selection process, due to an employee exercising his/her seniority (Bump); or due to an employee placing due to seniority flow-back, will be allowed to exercise their seniority to place in accordance with their seniority date on the applicable Seniority Roster.
It is understood that these alterations may be canceled by either party with ten (10) days written notice. Cancellation of these alterations will cause the original sections of the contract to become once again in effect.
If you concur with the above stated please so indicate by signing on the space provided.
-s- J. L. Grewell –
PERTINENT CORRESPONDENCE
The following are not signed agreements, rather they are mutually agreed upon policy or procedural requests by either the Union or the Carrier.
DIVISION 232
Mr. Dave Swanson
Manager Crew Operations
Dear Mr. Swanson;
At the Sept., 1989, meeting our Division asked that the restoration rule dated July 6, 1989, once again be modified in the following way:
ANY AND ALL RESTORATION WILL BE AUTOMATIC UNLESS THE CREW ASKS THAT RESTORATION NOT BE MADE.
Since that time, while we have communicated this wish to you verbally, apparently we have not followed through in writing. While we continue to check this matter out between your office, Division #262, and our records, Division #232, would like to go on record as asking that restoration in our zone be as noted above. If there are any problems with this, please inform us of them at your convenience.
Ref. page 87.
cc:G. T. Hagemo – #262
LETP
DATE:March 29, 1991
TO: Locomotive Engineer Trainees
FROM: John Grewell
SUBJECT: LETP Compensation and Bonus Allowances
To clarify Section IV, Article 1, Paragraph B4, of the 1990, BLE contract which states:
"Trainees shall be paid as Switch Foremen while involved in classroom and on the job training. Exceptions: Trainees who, by their seniority, hold an assistant Engineer position during on the job training portion will be paid at the appropriate rate for Assistant Engineers." and Section IV, Article 1, Paragraph E,2,c which states in part: "Employees who successfully complete the Locomotive Engineer Training Program will be paid a bonus of $40.00 for each day the employee reduces the 279 day training period with a maximum bonus payment of $2500.00."
The following will apply:
If a junior employee is working as an Assistant Engineer in the same zone while a trainee is engaged in the first sixty days of on the job training (OJT) as a 3rd man, the trainee will be paid at the appropriate rate for Assistant Engineers. To qualify for this rate, the name of the junior employee working as an Assistant Engineer must be included in the "Remarks" section of the trainee's time slip. (Note: The switch foreman rate will be applied to an extension(s) granted in accordance with Section IV, Art 1, Para.F,4.
Trainees who work as an Assistant Engineer after the initial 60 day OJT period (and extension[s] if any) will be paid at the appropriate rate for Assistant Engineers. Each shift or trip so compensated will result in a $40.00 deduction in the daily bonus provided by Section IV, Article 1, Paragraph E,2,c, up to a maximum of $2500.00.
Trainees who are able to hold a position of Assistant Engineer in their zone at the conclusion of the initial 60 day OJT period (and extension[s] if any), must place themselves on such position at that time.
bph:fjr.
MEMBERS OF BLE #232 please read
Recently we have had a problem filling the Engineers extra board in Livingston.
Due to some miscommunication, we were operating under the assumption that no one could be forced to this outlying board. An old (1988) local agreement calls for the jobs to be canceled if no one bids them. After that, the new job preference and flow-back articles were adopted in 1989, and they allowed for filling these jobs. In effect, they say all Engineers jobs must be filled before anyone can flow back to an Assistant Engineer.
Because of this, I will direct the Crew Office to deny flow-back to several members of the youngest Assistant Engineers in the zone. Those members will have time to fill out new job preference sheets as per the contract. The result will be some bumping and the eventual filling of one or two of the positions and/or an increase in the Laurel extra board.
As a Division, we must decide how we will take care of these positions. I believe we have three choices in this matter:
1.Abide by Flow back and force the youngest Engineer in the zone to fill the job(s).
2.Change or cancel Flow back; fill the jobs off the Laurel extra board.
3.Cancel the Livingston extra board and fill all vacancies off the Laurel extra board.
This will be decided at the next Divisional meeting – Jan. 13, 1992. We need your opinion and input. Please try to attend. Thanks, and see you there.
L. C. # 232
(Choice #1 by Divisional vote)
File MRL/FRA
333 Sibley St.
A question has been posed relative to the FRA requirements for certification of Locomotive Engineer Supervisors. Specifically, in the case of one certified supervisor of Engineers qualifying another individual wherein the prospective Engineer supervisor is to operate a locomotive.
It is my position that in any case where a Locomotive Engineer is requested and expected to allow a prospective engineer supervisor to operate a locomotive and/or train under the supervision and direction of a certified supervisor of Locomotive Engineers, the engineer supervisor and Certified Supervisor of Locomotive Engineers will be responsible for the locomotive and/or train handling (including speed and signal compliance) while he or she is operating the locomotive controls.
This does not relieve the Locomotive Engineer from his/her other responsibilities connected with their train. This, of course, will not serve to affect the earnings of such locomotive engineers.
Also, it should be clearly understood that no engineer(s) would be expected or requested to relinquish control of a locomotive or train, except for purposes of certification of Supervisors of Locomotive Engineers as contemplated and/or required by FRA regulations. No other circumstances except those expressed in this letter are contemplated hereby.
If you concur with the foregoing, please so indicate by signing in the space provided below.
J. L. Grewell D. L. McPherson
Superintendent MRL General Chairman BLE
Mr. D. S. Swanson
As a result of action taken at the regular BLE Division #232 January, 1992, meeting, we now ask that the following be instituted by your office:
WHEN NECESSARY TO FILL ANY MUST FILL POSITION IN THE ZONE, WE ASK THAT SECTION II, ARTICLE 4 OF THE BLE-MRL CONTRACT BE FOLLOWED. SPECIFICALLY, IF NO ONE BIDS A MUST FILL POSITION IN OUR ZONE, SECTION II, ARTICLE 4, PARAGRAPHS (B), THROUGH , 25 WILL APPLY.
In the above, a must fill position would be an Engineers position. Further, no position will be exempt from this. Specifically, an outlying extra board position is a must fill position and should be filled accordingly. It is asked however, that before a man is forced to an outlying extra board position you consult with the local chairman to determine if that position is needed.
If you concur with the above, please inform me at your earliest convenience. Thank you and I remain,
-s- R. L. Speare
cc: T. A. Bankston
D. L. McPherson
333 on Sibley St.
Subject: Claim, 04-25-92; Engineer trainee Overtime
BLE file: M/232 XII., 1991 Agmt.
Dear Chairman McPherson
I believe the intent of the Agreement when negotiated was to replace the Assistant Engineers rate for trainees who could not hold the assistant's position with the Switch Foreman rate. Further, a bonus system was established to induce trainees to work hard to accomplish their training in the least reasonable time.
I do not believe the intent was to pay overtime in addition to the bonus payment.
Having said that, the language as written leaves me hard pressed to not pay overtime to trainees in situations where the trainee is on a job which pays overtime.
Because of the language in the contract I am willing to settle these and future claims by paying trainees the overtime rate on switch and helper jobs which receive overtime pay for the overtime they work.
This would be claims:
R. D. Perkins Slip17
19 4-20-92
4-22-92 1 hr, 40 min.
3 hr, 30 min.
R. L. Halverson 418 4-18-92 1 hr, 15 min.
R. L. Mill 42492
42692 4-24-92
4-26-92 30 min.
1 hr.,00 min.
AGREEMENTS,
1996 REVISIONS,
LETTERS OF UNDERSTANDING
inserted as part of the 1996, revision.
File:M MofA 7-7-88 CB,RF 881006
Mr. J.L. Grewell
Laurel, Montana 59044
Dear Mr. Grewell:
This refers to the claim of Engineer C. Barnette and Switchman R. Fuller per their-timeslip dated 10-6-88.
During our conference of February 1, 1989, this claim was discussed and it was agreed that the intent of the understanding signed 7-7-1988, was to provide that a local eastbound could be used to effect hours of service relief (dogcatch) of an eastbound crew without penalty likewise a westbound local could be used to effect hours of service relief of a westbound crew without penalty.
In-this regard; when a local (crew) is operating in one direction and then is required to relieve a crew and handle the relieved crews train in another direction, such crew is considered in other than local service. Payment, therefore, of actual time involved in dogcatching, with a minimum of four (4)hours will be made in addition to all other earnings for the trip or tour of duty.
Ref. pages 80, 129 and 144.
The claims above and all future analogous claims will be settled accordingly.
If you concur, please signify by signing in the space provided.
Very truly yours I concur
W.C. Keppen
General Chairman J.L. Grewell,
Supt./MRL
OFFICE OF SUPERINTENDENT
Mr. G. W. Harper March 31, 1989
Mr. I. J, Gjersing
r. R. C. Bateman
Mr. T. A. Jones
Mr. M. R. Lemm
Mr. R. L. Strending
Mr. K. A. Kautzman
SUBJECT: 3-29-89 Meeting with BLE – Interpretations
Attached are interpretations by example of how travel time is applied which should help clarify when it is or is not payable. Some other things which came up in recent discussions with General Chairman McPherson are as follows:
1.When dogcatching with local crews, it must be done in the direction they are running. You cannot send them backwards to get a train at a point they have already passed without a four hour payment.
2.Pool crews cannot be used in any turnaround service with the exception of "being used to dogcatch. Use an extra board crew. Pool crews have to go terminal to terminal unless used as extra switch to dogcatch.
3.If people are sent from one extra board to augment another, they are entitled to away from home expenses. If it is a long term thing, you should increase the extra board you need more people on and force assign to them. It then becomes those people's home and no expenses are incurred.
Ref. pages 97 and 98.
JLG: smh
cc: W. H. Brodsky – -For your information.
A. Dupuis – attachment -for your fire-proof BLE Agreements.
Mr.R. L Speare Mr.G. T. Hagemo
Livingston, MT 59047 Local Chairman – BLE
Lolo, MT 59847
Dear Local Chairman
SUBJECT: BLE Agreement-Extra Board at Helena and Livingston
In March of 1988, at the organizations request and by local agreements, extra boards were established at Helena and Livingston, Montana. However, the agreements fail to provide information as to what these boards are to protect.
It is my understanding the extra boards at these two locations would protect vacancies and extra Jobs originating at Helena and Livingston, respectively.
Further it is my understanding crews made up from these extra boards can be utilized to effect hours of service relief of other crews when the carrier determines it is the most expeditious manner of relief.
I would further point out both agreements have a ten (10) day cancellation clause.
If you concur with my understanding please signify in the space provided on this
letter.
-s- John L Grewell
cc. D. L. McPherson
R D O's
Instruct Local Committee of Adjustment, Div. 262, to Approach crew office about only excluding designated MRL holidays: (Christmas Eve, Christmas Day, New Year's Day, Memorial Day, Labor Day, Thanksgiving, Day after Thanksgiving, and July 4th) as days extra boards will not be allowed requested days off
(RDO's). All other days should be allowed as days off, with a minimum of two extra board employees off per day, regardless of company prerogative of local social events (i.e., football games, concerts, company picnics, etc.)
-s- Perry T. Smith L.C. Div 262
-s- Denice Rogers – Mngr Crew Oper
Dear Superintendent Grewell,
In reference to our recent discussion relative to Section II, Article 26, paragraph three of the BLE – MRL contract as it applies to calls being canceled, it was understood that the following would apply:
The first sentence of the 3rd paragraph of this article will be changed by striking the words "… between the hours of 9:00 p.m. and 8:00 a.m….".
The last sentence of the 3rd paragraph of this article will be deleted.
The new 3rd paragraph of this article will read as follows: Employees called for service and later notified before leaving their residence (or lodging facility) that the call is canceled, will be allowed two (2) hours pay and remain first out.
It is understood that said two hours pay will be at the applicable rate, consistent with the rest of Article 26.
It is further understood that the above may be canceled by either party with seventy-two (72) hours written notice.
If you agree with the above stated please so indicate by signing the space provided.
Mr.R. L Speare Perry Smith
BLE #232 L.C. BLE #262
-s- J.L. Grewell – Supt. MRL
In reference to our recent discussion relative to Section II, Article 3, paragraph F, of the BLE – MRL contract as it applies to switchman temporary vacancies on mountain helper assignments headquartered at Helena and Livingston, it was understood that the following would apply:
In order to fill a helper switchman temporary vacancy. If no switchman is available to work said vacancy from the applicable switchmen's extra board(s), and if no other switchman is available to work said vacancy at straight time, MRL will call, in seniority order, the rested, available switchman at that home terminal to work his or her rest days at time and one-half before calling an engineer or an engineer trainee to fill that vacancy.
It is understood that the above may be canceled by either party with seventy-two (72) hours written notice.
Mr. R.L. Speare April 19, 1993
Mr. P.T. Smith Jr.
SUBJECT: Section II – Article 23. Run-arounds
Dear Sirs:
Per our recent negotiations on Article 23, of Section II, Run-arounds, the following will apply:
"Section II, Article 23, Run-arounds is changed to read:
Employees who are run-around or left unplaced through no fault of their own shall be allowed all time lost or a penalty payment of one hour at the straight time rate of their otherwise applicable rate whichever is greater for each run-around. However, it is the responsibility of the employee to notify the company or his representative of this fact as soon as the employee discovers that a run-around has occurred.'
This agreement may be canceled by either party upon seventy-two (72) hours written notice.
If you agree please signify in the space provided.
Sincerely I AGREE I AGREE
J. L. Grewell R. L Speare P.T. Smith Jr.
Superintendent BLE #232 L.C. BLE #262
General Chairman – BLE
Union Depot Place – Ste 3
4214 East Fourth St
May12, 1993
SUBJECT: Locomotive Armrests
Dear Chairman McPherson:
You recently appealed a claim concerning the lack of armrests on foreign power operated on Montana Rail Link.
I have no control over how other railroads equip their locomotives or what power Burlington Northern elects to furnish on their bridge trains.
I am, however, willing to agree that in circumstances where MRL units are in the consist with foreign line power and the crew desires the MRL power will be switched to the head end, thereby, providing armrests.
If you concur with this agreement and its treatment of the problem, please concur in the space provided.
Sincerely I CONCUR:
Superintendent D. L. McPherson
If you are forced to work in a seat without armrests you will be paid one hour.
EXAMPLE: Armrest on the Engineers side only with one qualified Engineer.
Engineer doesn't get paid the penalty.
Armrest on Engineers side only with two qualified Engineers.
Both are paid the penalty.
If there isn't a seat with armrests available for you, you will be expected to ask the mechanical force to provide one. If there is a seat in the engine with armrests that could be moved to avoid this penalty you will be expected to move it or ask the mechanical force to move it.
In reference to our recent discussion concerning the bulletining of locals, switchers or other assignments, headquartered away from normal crew points, for the purpose of performing traditional work train work, it was understood that the following would apply:
The company will have the option of posting bulletins of assignments without the requirements of specifying on and off duty points and starting times as required under Section II, Article 2, Part D, when the company elects to pay for lodging and meals for such crews.
Additionally, under this option, mileage would be paid one crew member to and from the duty site following or going on rest days.
If mileage occurs during the work week as a result of tying up at different locations, mileage will be paid for crew members moving their autos to the new location. Crew members may elect to claim reverse lodging.
If you agree with the above stated, please so indicate by signing the space provided.
Bob Speare Perry Smith
L.C. BLE #232 L.C. BLE #262
TEN (10) HOUR REST RULE
It is agreed that a crew desiring ten (10) hours rest may do so: upon request at tie up time, as long as the company has another crew to handle the traffic.
In requesting ten (10) hours rest there will be no penalty payments due for run-arounds, held away, meals, etc. other than those which would be due had the crew not elected this option.
This option does not apply after dead heading to the away from home terminal.
I concur with the above and agree that this agreement may be canceled with a seventy two (72) hour written notice by either party signatory.
CLARIFICATION ON TEMPORARY VACANCIES AND JOB
DISPLACEMENTS:
Upon markup of the regularly assigned employee to his/her job, the job is no longer considered a temporary vacancy. The employee that held the temporary vacancy is released to his/her permanent job assignment per Section II, Article 3, Paragraph K, of the BLE Agreement.
When an employee is displaced (bumped) from his permanent assignment, the employee holds no further rights to that assignment and must place according to provisions in the BLE Agreement. The only exception would be; when a senior employee bumps onto a job and then immediately marks to a temporary vacancy.
In this case the junior employee would be allowed to remain on the job.
-s- Perry Smith, LC, BLE
-s- Bob Speare, LC, BLE
-s- Denice Rogers, MRL.
J.L Grewell September 13, 1993
Superintendent MRL File: Fear of Flying
This is in reference to the claim of Engineer D.T. Walker of April 19, 1993, wherein Mr. Walker claimed lost earnings, account, due to a fear of flying, he was forced to decline a deadhead trip to Spokane by air.
This Organization cannot condone a policy whereby an employee who has a fear of flying, is required to do just that to protect his employment. Neither can we condone a policy by which an employee could enhance his/her earnings at the expense of another employee by declining service for which he/she properly stood.
Therefore to resolve this issue, we propose the following: Should the first out employee (Employee A) decline a deadhead by air due to a fear of flying, said employee will not be required to deadhead by air but will remain first out.
The next out employee who does not have an aversion to flying, will be used to perform the service (deadhead) which Employee A has declined. Employee A, when called for service, will be allowed only those earnings commensurate with the service (deadhead) trip which he chose to decline.
The employee who actually performs the deadhead will be allowed earnings of the trip which he/she would have worked, had the first out employee not declined to deadhead.
If you concur with this proposal will you please advise.
Sincerely I concur
D.L. McPherson J.L. Grewell
General Chairman Superintendent (9/17/93)
Mrs. Denice Rogers
Crew Office
Missoula, MT.
Dear Mrs. Rogers,
We would like to add the following exception to the rule referred to in our side letter agreement dated October 13, 1989, where it is stated that an extra employee must be laid off for a twenty-four hour period when laying off, unless manpower situations make it impossible for the company to comply.
EXCEPTION: When it can be determined by the crew office in a timely manner that the extra employee's phone is out of service, the employee be left first out with no penalty.
This exception covers technical problems only and will have to be verified by the crew office through the telephone company.
-s- Perry T. Smith Jr.
Local Chairman
BLE Div. 262
-s- Denice Rogers
P.O. Box 54,
In reference to Section II, Article 20, paragraphs B. of the BLE – MRL contract as it applies to Held – Away – From Home – Terminal pay, we ask that the following local agreement supersede portions of the aforestated contract paragraph:
Amend paragraph B. to read:
Should an employee be called for service or ordered to travel (deadhead) after pay begins, the held – away – from – home terminal time shall cease at the time pay begins for such service, or when deadheading, at the time the train leaves the terminal. If deadheading by public carrier (e.g. airplane or bus), held away pay will continue until the scheduled departure time of that carrier. In no event shall there be duplication of payment for deadhead time and held – away – from – home terminal time except as noted above.
If you agree with the above stated amendment please so indicate by, signing the space provided.
Mrs. Jay Barnes
Manager of Crew Operations
Dear Mrs. Barnes; .
At our last scheduled Union meeting, Div. 262 voted to change the hours in which RDO's are assigned per Section II, Article 5,paragraph E, of the BLE-MRL contract.
Presently, they are assigned from midnight, through midnight.
It is requested that the twenty four to forty eight hour period be assigned from 1201 hrs (noon) through 1201 hrs (noon).
When a particular day is requested for an RDO, said RDO would now begin at 1201 hrs (noon) that day and end at 1201 hrs (noon) the following day,
All other applications to the agreement will still apply.
BLE .Div. 262
J.L. Grewell
P.C. Box 547
RE: Claims generated by the fact that a vacancy occurs during a shift and rather than calling the appropriate extra man to fill such vacancy it is either not filled or filled in some other manner.
During our conference of this date in Saint Paul, Minnesota, various claims resulting from the aforementioned were discussed. At that time it was agreed that in any and all cases, where a regularly assigned employee vacates a position within three (3) hours after the starting time, the appropriate extra employee who is available will be called to fill the vacancy. If not called to fill the vacancy, the appropriate extra employee will be compensated a basic day.
In the cases where a regularly assigned employee vacates a position more that three (3) hours after the start time of the assignment the vacancy may be left unfilled without penalty.
All pending and future claims will be allowed as outlined above.
D.L. McPherson J. L. Grewell
General Chairman Superintendent – MRL
P.O. Box S47
RE: Contract page 80, Side letter dated July 7, 1988.
During our conference of this date in Saint Paul, Minnesota, various claims resulting from the aforementioned side letter were discussed.
As a result of these discussions it was agreed that in any and all claims, wherein a direction of travel has been established and a change in direction can clearly be shown, payment will be allowed pursuant to Section II, Article 27, of the Agreement.
J.L. Grewell March 20, 1996
RE: Contract pages 83, Side letter dated July 19, 1988.
During our conference this date in Saint Paul, Minnesota, various claims resulting from the aforementioned side letter were discussed. To eliminate the evident confusion with regard to this side letter, the following is to apply:
1 On trips from one point to another which involve travel time, payment for all time in excess of twelve hours on such trip(s) will be made at time and one half rate. (in the same manner as if travel time were not involved).
2.On trips where a crew handles a train from one terminal to another terminal, and is then used short of legal rest to handle a train to return to the first terminal, payment for all time in excess of thirteen hours (twelve hours plus one hour after expiration of hours of service) will be made at time and one half rate.
It was further agreed that all pending claims which satisfy these requirements would be allowed as submitted.
RE: Claims generated by the helper crews being required to perform switching while engaged in hours of service relief.
During our conference of this date in Saint Paul, Minnesota, various claims resulting from the above were discussed. At that time it was agreed that in any and all cases where a helper crew performs switching those payments as prescribed in the Agreed Upon Interpretations Letter of July 6, 1988, (Agreement page 78) will. apply.
It is further understood, that making a straight setout and/or a straight pickup at a station or stations, either from the head end or from behind other cars in the train, will not be considered to be switching.
Side Letter No. 1
Mr. Dale L. McPherson
East Fifth Street
St. Paul, MN 55101- 1637
This will confirm our understanding reached during negotiation of our Agreement, that if this Agreement is ratified and approved by November 1, 1996, the four (4) percent general wage increase contained in Article 4, would be retroactive to January 1, 1996.
We further understood that even though the four (4) percent general wage increase does not apply to the new rates established for local freight service pursuant to Article 4, of our Agreement, employees in Local Service will receive back pay equal to four (4) percent of their earnings for the period dating from January 1, 1996, up to the effective date of the agreement. Payment of the back pay resultant from these understandings shall be made within sixty (60) days of the date on which the Company is notified of the approval of the agreement by the BLE.
Finally, we understood that the understandings contained above were contingent upon the proposed agreement being ratified on or before November 1, 1996.
Please indicate your concurrence with these understandings by signing your name in the space provided below.
William H. Brodsky Dale L. McPherson
Montana Rail Link, Inc. General Chairman – BLE
190 East Fifth Street
St. Paul, MN 55101 – 1637
This will confirm our understanding reached during negotiation of our November 1, 1996, Agreement, concerning the anticipated implementation of new passenger assignments. Service flexibility beyond that contemplated in the existing agreement may be necessary to implement the passenger assignments. Therefore, it is agreed that in the event the Company desires to bulletin regular passenger assignments, the parties will meet to determine the appropriate rates of pay, route structures, assignment limits, terminals, manning requirements, etc., applicable to such service, and the moratorium provisions of Section IV, Article 7, of our November 1, 1996, Agreement shall not apply to such matters. This will not preclude the Company from operating through freight trains or locals containing passenger equipment from, to or between existing terminals for such service.
Please indicate your concurrence with this understanding by signing you name in the space provided below:
This will confirm our understanding reached during negotiation of our November 1, 1996, Agreement, concerning the parties' desire to examine possible alternatives to existing schedule agreement rules and federal regulations concerning employee rest. It is agreed that the parties will meet to discuss and possibly, establish alternative rest options with the intent to provide better rest opportunities for employees. Examination of rest options may include, but not be limited to, train scheduling, "windows" in which employees will protect service and alternatives to the existing Hours of Service Act which are approved by the Federal Railroad Administration. Moreover, it is understood that the moratorium provisions of Section IV, Article 7, of our November 1, 1996, Agreement shall not apply to such matters.
Please indicate your concurrence with this understanding by signing your name in the space provided below:
St. Paul MN 55101 – 1637
This will confirm our understanding reached during negotiation of our November 1, 1996, Agreement, concerning the Organization's desire to provide requested days off (RDO's) for all employees. The Company agreed that it would be receptive to doing so provided adequate manpower was available at all times. The Organization agreed to provide a proposal addressing the issue that would establish appropriate priorities in granting RDO's. It is understood that the moratorium provisions of Section IV, Article 7, of our November 1, 1996,
Agreement shall not apply to such matters.
This will confirm our understanding reached during negotiation of our November 1, 1996, Agreement, concerning the Organization's desire to establish coverage for orthodontia and TMJ under the existing health and welfare benefit plan. Montana Rail Link ("MRL") advised that the Washington Companies Benefits Committee is currently considering the addition of such coverage(s) for benefit of all employees of the Companies, including MRL. MRL has agreed that if, during the life of our November 1, 1996, Agreement, the Washington Companies Benefits Committee adds orthodontia and/or TMJ coverage to its health and welfare benefit plan, such coverage(s) shall concurrently be made part of the Company's health and welfare benefit plan covering employees represented by the Organization.
Please indicate your concurrence with this understanding by signing your name in the place provided below.
Mr. Dale McPherson November 1, 1996
Dear Mr. McPherson :
This will confirm our understanding reached during negotiation of our November 1, 1996, Agreement, concerning the Organization's desire to provide employees subject to call at Spokane, Washington, with a two (2) hour call in advance of their on-duty time. It was agreed that the one and one-half hour (1 ½) call required by Section II, Article 25, – Calling of the Labor Agreement would remain in effect. However, the Company will endeavor to give such employees a call two (2) hours in advance of their on-duty time.
Please indicate your concurrence with this understanding by signing your name in the space provided below.
Laurel. MT 59044
Dear Superintendent Lemm:
Recent action has been taken by the membership of BLE Divisions 232 in Laurel and 262 in Missoula which calls for modification of the BLE/MRL contract as provided in Section II, Article 4, Paragraph 3, A, Filling of Permanent Assignments, by the addition of the following paragraph:
In the event an engineer trainee is working a job that pays lead switchman rate, he or she will have preference over any switchman who has previously passed up or failed the LETP to work as an assistant engineer under provisions of the preceding paragraph. This provision will not apply to assistant engineer positions on locals.
This agreement may be canceled by either party, with written seventy-two (72) hour notice.
If you agree with the above stated addition, please so indicate by signing the space provided.
G. W. Dibble, Perry T. Smith
LC BLE Div. 232 LC BLE Div. 262
-s- M. R. Lemm, Superintendent – MRL
To be implemented Sept. 15, 1993, per John Grewell.
During the first seven (7) days, switch foreman temporary vacancies will be filled in the following order:
1.By the first-out qualified person on the switch person's extra board at the source of supply.
2.By the qualified person on the job/assignment.
3.By the senior qualified switch foreman not working as foreman. This person will not be entitled to lost wages.
4.By the qualified person on the switch person's superboards(s) at time and a half.
5.By the qualified person on the engineer's superboards(s) at time and a half.
6.By the qualified switch person in seniority order on rest days at time and one half.
7.By the qualified engineer in seniority order on rest days at time and one half.
CLARIFICATION OF EXTRA BOARD GUARANTEES
Because of past confusion, all extra board employees will be governed accordingly when claiming guarantees:
1An RDO taken will not count against your guarantee, if marked up within 24 hours of layoff time.
2.All other layoffs and missed calls will deduct the guarantee by one tenth (1/10) each occurrence.
3.If you enter the extra board at other than the beginning of the pay period, each 24 hour period you protect the board will be counted as one twelfth (1 /1 2) of the guarantee. Protecting the board for less than 24 hours will not constitute a day of guarantee.
4.All guarantees should be claimed at the end of the pay period on a timeslip.
5.All RDO's must be applied for as called for in the BLE contract. (See Section 11 Article 5, Paragraph E). If you are not on the board five days prior to the beginning of a month in which you wish to claim RDO's, contact the crew office and they may allow you to apply for RDO's for the month when you enter the extra board. Two RDO's may be granted per pay period.
6.Any time you leave the extra board for markup to an assigned job (includes temporary markups), you will lose your RDO's for the month and lose guarantee for the day on which you left the board.
7.If manpower allows, you may be able to layoff the day prior to your RDO, as long as you markup within 24 hours of your layoff. You will lose one tenth (1 /1 0) of your guarantee if you have not protected the board for the 24 hours prior to this layoff.
8.Any flex time taken during a guarantee period will be counted as earnings, and the total guarantee shall be reduced by this amount.
9.The only pay that will be excluded when figuring guarantees is meals.
Denice Rogers
CHIEFS MISOULA
DEADHEADING FROM AWAY FROM HOME TERMINAL
Crew(s) may be called at tie up time to deadhead on arrival without receiving an hour and half call.
Effort will be made to avoid deadheading when the arrival time at the home terminal will be later than 0100 or on duty earlier than 0600 at the away from home terminal.
Every effort will be made to avoid holding crews on duty longer than the hour and half standard call for deadheads to the home terminal. When the transportation is not available within the standard call time the crew will be tied up for (4) four hours or more.
When crew(s) have been on duty twelve hours or more when called to deadhead home they will be given the option of transporting at that time or getting a room for their own convenience and rest. The room will be provided by the company.
The transportation will be provided by the company at the crews convenience (no earlier than 0600, and no later than 1000 the following morning) if transportation is available and the crew(s) are still not needed. All crew members and all crews involved in a deadhead must agree to the same option. Transportation is defined as highway or air.
Pixley has placed a van and driver in Spokane. It is in our best interest to utilize this service (or lose it)! When transporting three or more crew members it is cost effective to use Pixley. Airline tickets have increased to $97.00.
This provision is for the crew(s) convenience, therefore monies or penalties that could be argued will be disallowed account this provision. (meals, held time or run-arounds, etc.)
D.R. Smith, G.W. Dibble P.T. Smith, Jr.,
DTM BLE Rep.
Division 232 BLE Rep. Division 262
(4/9/97)