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RULE
1 - SCOPE AND DEFINITIONS (a.) This Agreement will apply to the work or service of transporting passengers performed by the employees specified herein and governs the rates of pay, hours of service and working conditions of all such employees engaged in the operation of engines and any other motive power used in performing the work or services provided by Engineers and all other work generally recognized as the work of Engineers performed on main lines or branch lines, or within yard facilities, or in road, local or yard service. It is understood that the duties and responsibilities of Engineers will not be assigned to others and that the duties and responsibilities of other crafts effective December 31, 1982 will not be assigned to the Engineers. If a new type of locomotive or motive power is placed in service, Engineers will be instructed in the operation of the new type of locomotive power and used to operate it.
(b.) The Brotherhood of Locomotive Engineers, the certified
bargaining representative for the craft of Locomotive Engineers, Assistant
Engineers and Locomotive Engineer Trainees, shall have the exclusive right to
represent all Locomotive Engineers and Assistant Engineer in Company ‑
level grievance, claim and disciplinary proceedings. NOTE:
Attachment 1 to paragraph (b.)
201 Avenue"I" Matamoras, PA 18336 August 12, 1 996 Mr. William B. Murphy Assistant General Manager Labor Relations and Administration NJ TRANSIT One Penn Plaza East Newark, NJ 07105‑2246 Dear Mr. Murphy: Re: Exclusive Representation The following reflects the intent of the implementation of
the Memorandum of Understanding, Rule 1, 2‑ Scope and Definitions,
Sections I, II and III. United Transportation Union‑E (UTU‑E) members,
who by themselves or through a UTU‑E representative, who are desirous of
having their claims or grievances, processed in accordance with Rule(s) 45, 46
and 47 of the Brotherhood of Locomotive Engineers' (BLE's) Collective
Bargaining Agreement, will document each claim or grievance and submit it in
writing to any of the Local Chairmen of the BLE as listed in the Agreement. Very truly yours, (original signed by:) D. T. Abbott General Chairman I CONCUR: (original signed by:) William B. Murphy (c.) "Duly accredited representative," means the General Chairman of the Brotherhood of Locomotive Engineers having jurisdiction, Local Chairman, or any elected or appointed officer of the Brotherhood of Locomotive Engineers designated by the General Chairman. (d.) "Designated NJT Rail Official" means a person or persons designated by the Vice President and General Manager of NJT Rail. RULE
2 - CLASSIFICATIONS AND BASIS OF PAY (a.) 1. Effective July 1, 1992, a three
(3%) percent lump sum payment based upon an employee's actual yearly gross
earnings July 1, 1992, through June 30, 1993. Effective July 1, 1992 all current wage rates shall be increased by five percent (1%) Effective July 1, 1993 all current wage rates shall be increased by five percent (2%) Effective July 1, 1994 all current wage rates shall be increased by five percent (2%) Effective July 1, 1995 all current wage rates shall be increased by five percent (4%) 2. Engineer rates of pay are: Effective July 1, 1992 $19.43 per hour Effective July 1, 1993 $19.82 per hour Effective July 1, 1994
$20.22 per hour Effective July 1, 1995 $21.03 per hour · The wages payable due to the three (3%) percent lump sum effective July 1, 1992, through June 30, 1993, the $5.00 Certification Allowance effective July 1, 1994 through June 30, 1996, and the wage increases effective July 1, 1992 through July 1, 1995, will be paid in a lump sum on_____, 1996. · It is agreed that retired employees and employees who otherwise left the service (except for dismissal for cause, who, if reinstated will receive the increase due) will receive such payments due for all hours compensated during such periods. NOTE 1: February 7, 1989 Side Letter This letter is for the purpose of reflecting the intent of the parties with respect to the side letter of February 6, 1989 concerning Rule No. 2 of the agreement between the parties effective July 1, 1989. As we agreed, it is the sole intent that the number of regular or extra engineer assignments shall not be reduced or eliminated as a direct result of the expansion of the duties of Assistant Engineers. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. NOTE 2: February 7, 1989 Side Letter The following reflects the agreement of the parties concerning the utilization of qualified Assistant Engineers pursuant to Rule 2 of the agreement between the Brotherhood of Locomotive Engineers and NJ Transit Rail Operations for the period commencing July 1, 1989. In this regard, the parties agreed that as of the ratification date of this agreement, no Engineer will be placed in a worse position than prior to ratification with respect to wages, hours, or working conditions directly as a result of the January 27, 1989, Agreement of Understanding establishing the title of Assistant Engineer and Rule 2, establishing an increased rate of pay for Assistant Engineers qualified to perform additional tasks. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. (b.) Eight (8) consecutive hours or less of work shall constitute a basic day for purposes of the Agreement. The basis of pay for Engineers shall be based on hourly rates, and shall be considered as payment for all the duties of an assignment within any territory, area, or location, and for any and all duties performed by the employee on the assignment, except as specifically noted in the Agreement. NOTE: April 29, 1983 Side Letter With regard to Rule 2 of the Collective Bargaining Agreement between NJTRO and the BLE, it is agreed that for the daily assignments that are advertised to work less than 8 hours, no segment of layover time will be deducted from such assignments in calculation of the earnings for such assignments. Original signed by: T. J. Cavan - General Chairman Conrail for BLE J. P. Carberry - Vice President BLE Martin E. Robin - Deputy Executive Director for NJTRO (c.) The term "work week" for regularly assigned Engineers will mean a week beginning on the first day on which an assignment is bulletined to work, and continuing for five consecutive days. For Engineers assigned to an extra board, the term "work week" will mean a period of seven consecutive days, starting with Monday. (d.) When pilots are required for engine service, they will come from the ranks of Engineers and will be paid the Engineer's rate of pay. (e.) An Engineer shall have a designated point within the terminal for going on and off duty and for a regularly assigned Engineer (except regular relief assignments) the designated point shall be at the same location for the duration of the work week. Time of Engineers shall begin when required to report for duty and shall continue until they are released at the designated point for going on and off duty. When an Engineer is released at other than the designated point for going on and off duty, he shall be afforded transportation to the designated point and shall continue on duty until he arrives at the designated point. For regularly assigned employees working regular relief assignments, NJT Rail shall, where practicable, bulletin such assignments to go on and off duty at the same designated point for the duration of the work week. In the event regular relief assignments must include more than one designated on and off duty point within a work week, where practicable, NJT Rail shall bulletin such jobs so that the same designated on and off duty point is assigned on two consecutive days. The On/Off duty times for all assignments on the Newark Division shall be as shown in Summary Superintendent's Notice S2-88, October 1, 1988. The On/Off duty times for all assignments on the Hoboken Division shall be as shown in Trainmaster's Bulletin No. 11 and Road Foreman's Bulletin No. 4, February 21, 1986. The On/Off duty times herein specified will remain in effect unless changes are mutually agreed to by NJT Rail and the B of LE. NOTE 1: ON AND OFF DUTY TIMES FOR ENGINEERS NEWARK DISTRICT Initial Initial Intermediate
Final Deadhead Terminal On On Off Off On Off New York 30 30 15 15 15 10 MMC * 45 60 35 30 - - Princeton 30 15 10 30 - - Trenton 30 15 10 15 15 10 County ** 30 15 10 30 15 10 Raritan *** 30 20 20 30 15 10 Long Branch 30 15 10 30 15 10 Bay Head **** 40 15 30 30 15 10 * Initial on and Final off
duty times apply to "MM" symbol assignments not "MC" symbol
yard assignments; Intermediate times are based on arrival and departure times
form Newark Penn Station. ** On and off duty times
should be taken from the arrival or departure time from Jersey Avenue Station
not County Yard. *** On and off duty times
should be taken from the arrival or departure time from Raritan Station, not
Raritan Yard. For those ticket
collectors whose assignment requires them to pick their train up at Raritan
station on duty time is 20 minutes and off duty time is 15 minutes. **** On and off duty times should be taken from the arrival or departure time from Bay Head Station, not Bay Head Yard. NOTE 2 : ON AND OFF DUTY TIMES FOR ENGINEERS HOBOKEN DISTRICT Initial Initial Intermediate
Final Deadhead Terminal On On Off Off On Off Dover 45 30 10 30 * 15 0 Gladstone 45 30 10 30 * 15 0 Hoboken 30 30 10 15 * 15 0 Port Jervis 45 30 10 30 * 15 0 Suffern 45 30 10 30 * 15 0 Waldwick 45 30 10 30 * 15 0 Woodbine 45 30 10 30 * 15 0 * The final off-duty times
indicated are maximum allowable times.
This time will be calculated from the arrival of a train at its final
station stop. Listed below are Assignments which will be allowed (15) minutes for the final off-duty time: Assignment Terminal 65 Suffern 162 (Sun. only) Dover 164 (Sat. & Sun. only) Dover 165 Dover 166 Dover 168 Dover 183 (Sat. only) Dover 131 (Sat. & Sun. only) Gladstone 134 (Sat. only) Gladstone 135 Gladstone 140 Gladstone 183 (Sat. & Sun. only) Gladstone & Dover (f.) 1. Assistant Engineers working Engineers' Assignments will receive the Engineer's Rate of Pay. 2. Engineers working Assistant Engineers' Assignments on a non-regular basis will receive the Engineer's Rate of Pay. 3. Engineers who by exercise of their seniority as outlined in Item (6) of the January 27, 1989 Agreement (page 90) will receive the Assistant Engineer's Rate of Pay. ·
See Appendix 7 - 10.4%
Differential Agreement, page 67. ·
See Appendix 11 - Itemized
Statement Agreement, pages 75. ·
See Appendix 16 - Sunnyside
Agreement, page 80. ·
(a.) "Employees in passenger service shall be paid overtime for all time in any day actually on duty, or held for duty, in excess of eight (8) hours, except that an employee shall not be paid for the largest segment of time (calculated on an actual minute basis) held for duty, but not on duty, provided that the amount of unpaid time held for duty, but not on duty or in service, shall not be less than 15 minutes or exceed one hour." Examples: 1. Crew making several turns from 7:00 a.m. to 4:00 p.m. (nine (9) hours) is released for 14 minutes at some period during the day. This 14 minutes is not deducted from the 9 hours and the crew is entitled to one (1) hour overtime. 2. Crew's day begins at 6:00 a.m., relieved at 9:00 a.m., again goes on duty at 3:00 p.m., and is finally released at 8:00 p.m. This crew is on duty or held for duty for fourteen (14) hours. The largest single segment of time held for duty but not on duty is more than one (1) hour, the crew will be paid for thirteen (13) hours of which five (5) hours is at the overtime rate. (b.) Engineers in other than passenger service shall be paid overtime for all time in any day actually on duty, or held for duty, in excess of eight (8) hours. (c.) Engineers shall be paid on an actual minute basis for overtime service at the time-and-one-half rate. (d.) Overtime shall be paid for service on the sixth or seventh day of service in any work week provided the employee has performed service or has been compensated for five (5) days during such work week." (a.) A full-time employee who is eligible for vacation because of continuous years of service with NJT Rail (including, for an employee transferred from the Consolidated Rail Corporation, any years of compensation service worked for Conrail, as calculated pursuant to the implementing Award to which NJT Rail and the Union are parties) shall be entitled to vacation leave as provided in the National Vacation Agreement of April 29, 1949 as amended in effect December 31, 1982. The parties shall modify the provisions of the National agreement to the extent that employees will be paid 1/52 of the previous year's earnings or the rate of the last assignment worked, not to exceed five days pay, whichever is greater. (b.) NJT Rail will recognize vacation time earned in service to the Consolidated Rail Corporation or predecessor railroads by an employee transferred to NJT Rail under the implementing Award to which NJT Rail and the Union are parties. Vacations earned under two or more agreements or under service performed with Conrail shall not be combined so as to create a vacation of more than the maximum number of days provided for in any of the individual agreements. Vacations earned in 1982 by an employee transferred to NJT Rail under the implementing Award will be provided in accordance with the implementing Award. (c.) An advertisement for vacation assignment for the following year will be posted not later than October 15. Written bids for vacation assignment will be accepted until November 15. (d.) The Carrier will establish the maximum number of engineers to be assigned vacation periods in each week consistent with the requirements of the service, and at its discretion this allocation will be made on a system-wide division or location basis. (e.) Engineers will be assigned to vacation periods in accordance with their earliest retained seniority date in engine service as shown on the New Jersey Transit Engineers Order Selection List Seniority Roster. If other than system wide allocation is used, the bidders work location on date of bid will be used to determine his vacation assignment. (f.) The Local Chairman(men) of the Brotherhood of Locomotive Engineers and the designated officer of the Carrier will assign vacations, including engineers who do not make sufficient choices to obtain an open vacation period. It is understood the lack of participation by Local Chairman will not be cause to delay making assignments. (g.) Changes in assigned vacation periods will only be made by agreement between the appropriate Local Chairman of the Brotherhood of Locomotive Engineers and the designated Carrier officer. (h.) Rule 48 will not be applicable for participation in vacation assignments for required changes. (i.) During a transition year, Engineers service anniversary date for computing vacation entitlement will be January 1 of that year, provided the Engineers transition anniversary date falls on any day during that year. (j.) Engineers, who are otherwise eligible for vacation, are permitted to commence vacation in one calendar year and remain on vacation into the subsequent calendar year. (k.) B of LE Local Chairmen are permitted to take up to a maximum of (10) single vacation days. (a.) With respect to hospital, surgical and medical benefits, and life and accidental death and dismemberment insurance benefits for active employees covered by this Agreement, NJT Rail shall provide under a NJT Rail sponsored plan substantively comparable benefits to those provided active employees of Conrail effective December 31, 1982 under the Health and Welfare Plan of the National Railroad and Railway Labor Organizations Traveler's Group Policy Ga 23000. NOTE: March 13, 1989 Side Letter Pursuant to the terms of the Agreement between New Jersey Transit Rail Operations and The Brotherhood of Locomotive Engineers which was ratified February 27, 1989, it is our understanding that the Health and Welfare proposal to be implemented is the plan adopted by the fourteen (14) other unions. Therefore, with respect to hospital, surgical, and medical benefits for active employees covered by this agreement, effective, July 1, 1989, Rule 5 will be modified to reflect the following Health and Welfare Program and Cost Containment measures. (See Appendix 1 - Medical Benefits Summary, page 59.) (a.) All Hospital Room and Board if pre-certified will be paid at 100%. Those days not pre-certified will be paid at 50%. (b.) There will be Continued Stay Review on all hospital confinements. (c.) Case Management Review will be performed on all long-term hospital stays. (d.) Out-patient surgery will be paid at 100%. (e.) There will be mandatory Second Surgical Opinion. If surgery is not authorized, benefits will be paid at 50%. (f.) Hospital charges for non-emergency weekend admissions will not be paid. (g.) Alcohol and Substance Abuse charges will be paid as presently covered under the National Plan (GA23000). (h.) The following procedures: - Hospital charges - Emergency accidents - Doctor's visit - X-ray and lab - In-patient surgery and the procedures set forth in Exhibit " A", (This schedule lists only a few procedures. A more complete surgical schedule is shown in the policy) shall be paid at 80% after the deductible under the major medical portion of the plan. (i.) Annual deductibles will be $100/individual, $300/family. (j.) Annual out-of-pocket cost will be $1,000/individual and $3,000/family. (k.) Health Maintenance Organizations (HMO's) will be offered to employees, with the company paying the cost of the indemnified plan and the employee paying the balance through payroll deductions. (l.) Prescription drug card to be provided to each employee with $4.50 co-pay. Co-pay $2.50 for mail order prescriptions. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. (b.) With respect to dental benefits for active employees covered by this Agreement, NJT Rail shall provide under a NJT Rail sponsored plan substantively comparable benefits to those provided active employees of Conrail effective December 31, 1982 under the Railroad Employees National Dental Plan, Aetna Policy GP 12000. (See Appendix 2 - Dental Benefits, page 65.) (c.) With respect to hospital, surgical, and medical benefits for NJT Rail employees who retire from active service, NJT Rail will provide under a NJT Rail sponsored plan substantively comparable benefits provided retired employees of Conrail effective December 31, 1982 under the National Railroad and Railway Labor Organizations Travelers Group Policy GA 46000. (See Appendix 3 - Summary of Retirement Medical Plan Options, page 66.) (d.) There
shall be no lapse of benefits under this Rule as a result of transfer of
Engineers to NJT Rail on January 1, 1983 or as a result of any transfer from
Conrail or Amtrak pursuant to the terms of any transfer arrangement between NJT
Rail, Conrail, Amtrak and the Union. NOTE: See Engineers Appendix 3a page 61
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