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RULE
11 - PERFORMANCE OF SERVICE BY ENGINEERS (a.) Engineers in passenger service shall perform all duties required in connection with the operation of trains scheduled to carry passengers or passenger extra trains and shall obey all rules applicable thereto. Engineers in passenger service also may be required by NJT Rail to perform the following as part of their regular duties without extra compensations: (i.) Passenger service engineers may be required to yard any trains at all terminals. (ii.) Passenger service engineers may be required to transfer any trains to and from all repair, service, and fueling facilities. (iii.) Passenger service engineers may be required to set out and pick up any defective cars at all terminals. (iv.) Passenger service engineers may be required to operate any trains through the washing machine. NOTE: February 12, 1988 Side Letter This will confirm our understanding that when NJ Transit Rail Operations Extra Engineers are called for an assignment that does not require the operation of MU's, such Engineers shall not be required to carry MU handles. It was further agreed that this in no way relieves such Engineers of their responsibility to operate MU's, if required to do so, during a tour of duty. Original signed by: R. W. Godwin - General Chairman Conrail for BLE Patricia Sebron - Assistant VP Human Resources for NJTRO (b.) Engineers in other than passenger service shall perform all duties required in connection with the operation of work trains, and trains in the yard, and shall obey all rules applicable thereto. Engineers in other than passenger service also may be required to operate revenue trains beyond switching or working limits as the needs of the service require without extra compensation. (c.) NJT Rail is not permitted to advertise regular assignments to work in Passenger Service and other than Passenger Service during the same tour of duty or on any regular basis. ·
See Appendix 10 - MMC Scope
of Work, page 74. (a.) The NJT Rail area of operations will constitute a single seniority district. The seniority ranking on NJT Rail for Engineers transferring pursuant to the Implementing Award of October 14, 1982, as amended, will be in accordance with the Order Selection List established pursuant to the Implementing Award, as amended. (b.) Engineers, without prior rights as defined in this Rule, who enter service in a classification covered by these work rules will establish seniority as of the time and date they first report to work. When two or more Engineers without prior rights start at the same time on the same day, they will be ranked in alphabetical order according to their last names. Furloughed Conrail Engineers who transfer to NJT Rail pursuant to the Implementing Award will establish seniority at NJT Rail as of the first day they perform service as Engineers for NJT Rail. The ranking of Engineers covered by this paragraph shall follow the ranking of all employees covered by paragraph "a". (c.) A roster showing seniority dates, promotion dates, prior rights (if any), and seniority standing will be posted in a conspicuous place at all terminals for the information of Engineers, with copies to the General Chairman. (d.) The roster will be revised and posted by March 1 of each year (except that in 1983, the roster will be posted no later than May 1) and will be open to protest by the Engineer or his duly accredited representative for a period of 60 calendar days from date of posting. Protests on seniority dates will be confined to names added or changes made since posting the previous rosters. Upon an employee's presentation of proof of error, such error will be corrected. Engineers who are off on leave of absence, vacation, sickness, disability or suspension at the time the rosters are posted will be given 60 calendar days from the date of their return to duty in which to protest. If no protest is made during this time, their seniority dates will be deemed correct. (e.) (1.) All vacant prior, prior or prior right Order Selection List Roster numbered slots that are vacant will be filled by the senior prior, prior or prior right engineer of their predecessor road. (2.) The Order Selection List will be updated as order selection slots become vacant and filled on a monthly basis, or in the event of prior prior or prior right engineers entering the service of New Jersey Transit under the terms of the Implementing Agreement of October 14, 1982 or other agreed to agreements. NOTE:
January 27, 1989 Side Letter established the following additions to Rule 12: (f.) Establishment of Seniority Date All Locomotive Engineer Trainees, as defined in the Locomotive Engineer Trainee Program Agreement (LETP) who enter service in a classification covered by these work rules, will establish seniority on the date the first day compensated as a Locomotive Engineer Trainee. (g.) Roster Placement (1.) First in each Locomotive Engineer Trainee class to be ranked on the Roster will be current NJTRO Assistant Engineers. These employees will be placed on the roster according to the employees earliest retained Assistant Engineer service date. (2.) Next to be ranked on the roster will be current NJTRO employees transferring from another position in the company. These employees will be placed on the roster according to the employees earliest retained NJTRO service date. Should two or more of these employees have the same NJTRO service date, or become promoted Engineers on the same date, they will be ranked on the roster in alphabetical order according to their last name. (3.) Employees hired from external sources having no prior NJTRO service date will be placed on the roster after all current employees have been ranked. These Trainees will be ranked on the roster in alphabetical order according to their last name. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. NOTE 1: January 27, 1989 Side Letter This is in reference to our discussions concerning the anomalous situation concerning the amendment to Rule 12 signed between the parties on January 27, 1989, and effective October 17, 1988. As we discussed, the parties have agreed that with respect to this amendment as it applies to the current Locomotive Engineer Training Programs, which commenced on June 6, 1988, and October 17, 1988, the following will apply: 1. Those members of the June 6, 1988 Locomotive Engineer Training Program who successfully complete such program and all attendant requirements, will establish Locomotive Engineer seniority on January 27, 1989. The relative standing of those individuals on the roster will be as provided in Paragraph "G" 1, 2, and 3 of the amended Rule 12 Seniority Agreement dated January 27, 1989. 2. Those members of the October 17, 1988, Locomotive Engineer Training Program who successfully complete such program and all attendant requirements, will establish Locomotive Engineer seniority on January 27, 1989, however, the first ranked engineer of this class shall be ranked on the roster immediately following the last locomotive engineer ranked on the roster from the June 6, 1988, Locomotive Engineer class. The relative standing of those individuals on the roster will be as provided in Paragraph "G" 1, 2, and 3 of the amended Rule 12 Seniority Agreement dated January 27, 1989. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. NOTE 2: February 8, 1989 Side Letter The following reflects the intent of the parties with respect to the amendment to Rule 12-Seniority entered into January 27, 1989, as it relates to the inclusion in the Locomotive Engineer Trainee Program of January 30, 1989, of those trainees who are currently being trained solely as Assistant Engineers. As we agreed, the above-referenced Assistant Engineer trainees will be accorded a seniority date of January 30, 1989 at such time as they complete the Locomotive Engineer Training Program in its entirety and fulfill any attendant requirements to become qualified Locomotive Engineers. As we also agreed, such individuals will be accorded a ranking immediately behind those successfully complete that training class and all attendant requirements to become fully qualified Locomotive Engineers at the conclusion of that class. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO NOTE 3: October 18, 1989
Side Letter The following reflects the intent of the parties with respect to the amendment to Rule 12 - Seniority entered into January 27,1989, as it relates to the inclusion of those trainees who are currently being trained solely as Assistant Engineers. As we agreed, the above reference Assistant Engineer trainees will be accorded a seniority date of August 14, 1989 at such as they complete the Locomotive Engineer Training Program in its entirety and fulfill any attendant requirements to become qualified Locomotive Engineer. As we also agree, such individuals will be accorded a ranking immediately behind those Locomotive Engineer trainees in the August 14, 1989, class who successfully complete that training class and all attendant requirements to become fully qualified Locomotive Engineers at the conclusion of that class. Original signed by: D. T. Abbott - General Chairman NJT for BLE W. B. Murphy - Director of Labor Relations for NJTRO ·
See Appendix 8 - Expanded
Seniority Rights, page 68. ·
See Appendix 9 -
Understanding on Free Flow, page 69. · See Appendix 14 - Establishment of Assistant Engineer Position, page 76. RULE
13 - ACCUMULATION OF SENIORITY (a.) Employees covered by this Agreement who have been or who are hereafter appointed to a position at NJT Rail shall retain and continue to accumulate seniority while occupying such position; provided that each employee who is appointed to a position at NJT Rail after January 2, 1983 will continue to accumulate seniority only upon his agreement to continue to pay union dues while occupying such position. (b.) Employees appointed to positions at NJT Rail who return to the ranks of operating craft employees may, within five (5) working days, exercise seniority over any junior employee in their craft. Other employees displaced as a result thereof may exercise their seniority in accordance with the provisions of this Agreement. RULE
14 - BULLETINS AND ASSIGNMENTS (a.) New assignments, assignments subject to readvertisement, extra board assignments and vacancies which NJT Rail intends to fill will be advertised every Monday. The advertising period will close 11:59 p.m. the following Thursday, and assignments will be made effective 12:01 a.m. the following Monday. It is the responsibility of the crew dispatcher to notify Engineers of any assignments they are awarded. Notwithstanding the above provision and/or the manner in which it has been applied to date, when 20% or more of the assignments, on any division, are scheduled to change on a day other than Monday, NJT Rail may post a bulletin advertising those assignments for five (5) days and award them within two (2) days of the close of the bulletin. The General Chairman must be notified in advance of such special bulletin and provided with a copy of such two (2) days in advance of the posting of such special bulletin. (b.) Vacancies caused by sickness, temporary disability, suspension or leave of absence, when it is known that the Engineer will be off for a period of 30 or more days or when such Engineer will have been off duty for a period of 30 days, will be advertised in accordance with paragraph "a" of this Rule. (c.) For regular assigned service, the advertisement will show the designated on and off duty point; turnaround or layover point; days on which the assignment is scheduled to work; assigned reporting time; and train or crew numbers. NOTE:
Unless otherwise agreed to by the General Chairman and the Manager-Labor
Relations, the reporting and the relieving point for any assignment will be the
same point. (d.) An Engineer who bids for and is awarded another assignment will not be permitted to bid for his former position until it has been filled and again advertised, unless the position has been materially changed. He will be permitted to exercise his seniority to his former assignment if he is displaced from the position to which he bid. (e.) An Engineer who is occupying a regular assignment which is readvertised in accordance with the provisions of this Rule may elect to exercise his seniority to another assignment within 48 hours after the effective date and time of the change causing the readvertisement. An Engineer who does not elect to exercise his seniority to another assignment is considered an automatic bidder for his regular assignment after the advertisement is closed and the assignment has been made. If he is not assigned to any job as the result of that advertisement, he will immediately leave the assignment he has been holding, and will be allowed 24 hours in which to exercise his seniority. (f.) An Engineer returning to duty after being absent less than 30 days by reason of sickness, temporary disability, suspension, vacation or leave of absence, will be permitted to exercise his seniority on an assignment advertised and filled during his absence, provided he exercises such right before he performs any service. An Engineer absent because of a reason listed in this paragraph for a period of 30 days or more, upon his return to duty, may exercise his seniority on any assignment. (g.) Regular assignments will be readvertised when any of the following permanent changes are made in such assignments: (i.) Changing the designated point for going on and off duty, layover, or turnaround point; or any train of the assignment. (ii.) Changing advertised starting time at the designated point for going on and off duty or arrival time at the end of the assignment, 30 minutes or more. (iii.) Changing the assigned rest days. (iv.) Both regular and extra employees will be notified immediately of their displacement, if practicable, but in no event less than four (4) hours before the reporting time of their assignment. Should an employee be displaced and he or she report for duty without having been notified of the displacement, they will be paid the earnings of the assignment that they were displaced from and be granted immediate displacement rights. (h.) Assignments will be made to Engineers in seniority order from written bids submitted to the officer of NJT Rail designated in the advertisement notice prior to the close of an advertisement period. Engineers will be given a receipt for bids submitted to the designated officer of NJT Rail. (i.) If a permanent vacancy(s) develop for an Engineer(s) for which no valid applications are received, the Junior Engineer(s) on the Extra List(s) in the Division will be force assigned to fill the vacancy(s). The Senior Engineer of the Engineers to be force assigned will have his or her choice of the assignments to be filled including Extra List(s). NOTE: February 7, 1989 Side Letter This will confirm the parties understanding during negotiation of the agreement effective upon ratification of the Collective Bargaining Agreement dated January 27, 1989, to reclassify Hostlers as Assistant Engineers, and to top and bottom the Assistant Engineers and Engineers rosters. This will confirm that there was no intent on the part of the parties to utilize the above-referenced agreement to force assign either regularly assigned or extra engineers to Assistant Engineer positions either permanently or on a daily basis. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO (j.) When an extra board is to be increased, the required number of Engineers may be added to the board during the advertisement and assignment period with the understanding that they are bidders for the board. The senior engineer of the engineers to be force assigned will have his or her choice of the assignments to be filled. (k.) Regular runs will be rearranged at the discretion of the designated NJT Rail officials by consultation with the interested local chairmen. (l.) An Engineer entitled to exercise his seniority may exercise his seniority to a vacant assignment that is subject to advertisement or under advertisement, provided he does so before the assignment is to be made. An Engineer's exercise of seniority to such an assignment shall be considered as his bid for the assignment. If when the assignment is awarded he is not the successful bidder, he must exercise his seniority. An Engineer who exercises his seniority to a vacant assignment in accordance with this paragraph is subject to displacement by a senior engineer entitled to exercise his seniority, provided the displacement takes place before the assignment is to be made, and the displacement to the assignment shall be considered as his bid for the assignment. If when the assignment is made he is not the successful bidder, he must exercise his seniority. NOTE 1: February 27, 1989
Side Letter All Engineers and Assistant Engineers except those who have been assigned under the provisions of Rule 14, Paragraph (i), may elect to make an optional displacement to an assignment held by a junior Engineer. The application for an optional displacement must be submitted in writing and in accordance with Rule 14 (a) on the first bidding period prior to the first Monday of April and October and shall become effective 12:01 a.m. on the 1st Monday of April and the 1st Monday of October. Engineers who are to be displaced as a result of an optional displacement shall be notified as soon as possible and have 48 hours from the time they are notified to exercise their seniority against a junior Engineer. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO NOTE 2: September 20, 1989 Side Letter Example of Optional Displacement (Roll
Over)
1. Engineers and Assistant Engineers must submit written bids beginning at 12:01 A.M. Monday, September 25, 1989, until 11:59 P.M. Thursday, September 28, 1989, if they wish to exercise their seniority against a Junior Engineer or Assistant Engineer who is the owner of a regular assignment or the Extra List. 2. Engineers and Assistant Engineers must make sufficient selections on their bid sheets indicating, by numerical order, preference which assignment they wish to displace to, and if they are combining their bids for optional displacement with their bids for assignments that are under advertisement on the current Engineers or Assistant Engineers Bulletin Advertisement, they must clearly indicate in the following manner: Engineers who are automatic bidders for assignments under Advertisement on the current Bulletin to be awarded Friday, September 29, l989 will be awarded their automatic bid as their last choice. Engineers and Assistant Engineers who are successful bidders will remain on their current assignment until 12:O1 A.M. Monday, October 2, 1989, and at that time will be placed on the assignment they were awarded. Engineers and Assistant Engineers who are displaced because of the roll over will not vacate their assignment until 12:01 A.M. Monday, October 2, 1989. Engineers and Assistant Engineers who make application to the roll over but are outbid by a Senior Employee will not receive displacement rights and will remain on their assignment, however, if these employees are displaced as a result of the roll over, they will have displacement rights of 48 hours from when they are notified after the awards are made on Friday, September 29, 1989. Engineers and Assistant Engineers who do not elect to change assignments on the roll over but are displaced as a result of the roll over will have the same displacement rights and will have 48 hours from when they are notified after the assignments are made on Friday, September 29, 1989. 3. Engineers and Assistant Engineers who are notified on Friday, September 29, 1989, or thereafter that they have been displaced as a result of the roll over may use their displacement rights to displace a Junior Employee or displace to a vacant assignment which is under advertisement or subject to advertisement with the understanding that they will be the automatic bidder for that assignment when it is subsequently advertised. These Engineers or Assistant Engineers who use these displacement rights may not cover the assignment they displace to until 12:01 A.M. Monday, October 2, 1989. 4. Engineers and Assistant Engineers may not make written application to assignment(s) that they feel may be vacated on the roll over by a Senior Employee. Assignment(s) vacated by Engineers and Assistant Engineers on the roll over will be advertised on the next advertisement bulletin of September 29, 1989 so as to give all employees the opportunity to bid for these vacancies. 5. Engineers who are on Forced Assigned Assignments may not make application for the roll over, however, they may bid for assignments on the Engineers Bulletin Advertisement and they will have full displacement rights if they are displaced as a result of the roll over. 6. Engineers and Assistant Engineers who are awarded assignments on Friday September 29, l989 will be considered the owners of those assignments on that date and anyone with displacement rights which resulted from the roll over will be displacing those employees who in turn will follow the same sequence, neither can leave or mark up on those assignments until 12:O1 A.M. Monday, October 2, 1989. NOTE: Side Letter December 18, 1989
The Following Clarifies and Interprets Rule 14 (a.) Whenever regular assignments are to be rearranged pursuant to the provisions of Rule 14(k) and subsequently advertised in accordance with Rule 14(a),NJ Transit Rail Operations will make every effort to arrange to make schedule changes on a Monday, and the assignment(s) so changed will be placed under advertisement on the current advertisement bulletin effective the Monday of the advertisement. An Engineer who is occupying a regular assignment which is advertised in accordance with these conditions will have 48 hours from 12:01 a.m., Monday of the posting of the Bulletin to exercise their seniority, or they may elect to stay on their changed assignment, and by so doing, they will be the automatic bidder for that assignment. Engineer(s) electing to exercise their seniority to an assignment which is subject to advertisement or under advertisement will be the automatic bidder for that assignment. Whenever regular assignments are to be rearranged as outlined herein for the purpose of rearranging Holiday assignments, NJTRO will notify each affected Engineer verbally so as to insure that said Engineer(s) are fully informed that their holiday assignment(s) are rearranged,and their displacement rights are effective starting at 12:01 a.m. on the Monday that the rearranged holiday assignments first appear on the Engineer's advertisement bulletin. It should be clearly understood that additional displacement rights will not be given when the affected holiday(s) become due. (b.) When regular assignments are to be rearranged due to conditions which preclude NJTRO from adhering to a Monday advertisement as outlined in Paragraph (a), NJTRO will, by verbal communication and/or written notice, by the crew dispatcher, notify the owners of the assignment(s) at least eight (8) hours in advance of the reporting time of the changed assignment and when so notified the Engineer will have 48 hours from the time of said notification to exercise their seniority, or they may elect to stay on their changed assignment(s), and by so doing, they will be considered the automatic bidder for that assignment. Engineer(s) electing to exercise their seniority to an assignment which is subject to advertisement or under advertisement will be the automatic bidder for that assignment. NJ Transit Rail Operations will advertise the changed assignment(s) on the Engineer's advertisement bulletin immediately following the effective date and time of change causing the readvertisement and when so advertised it will be understood that the Engineer(s) whose positions were changed and were given the 48 hours to exercise their seniority or those who chose to stay on their changed assignments will not be given additional displacement rights when the assignments appear on the Engineer's advertisement bulletin on the following Monday. (c.) In all cases as outlined in par. (a) and (b) above, Engineer(s) who exercise their seniority, will be allowed to bid for other Engineers positions on the current bulletin with the understanding that if they are an automatic bidder for an assignment and they bid on other assignments on that bulletin, their automatic bid will be their last choice. Engineer(s) who are automatic bidders for an assignment and who do not elect to bid any other assignment(s) on the bulletin that they are automatic bidders for, do not have to make written bid for that assignment and if no senior Engineer bids for that assignment, they will be automatically awarded that assignment. Original Signed by: D. T. Abbott - General Chairman NJT for BLE W. B. Murphy - Director of Labor Relations for NJTRO RULE
15 - REDUCING AND INCREASING FORCES (a.) In reducing forces, seniority in the order of selection list will govern. Engineers affected by a reduction of force or abolishment of positions will be given five-calendar days advance notice. A copy of such notice will be posted on bulletin boards, with a copy to the duly accredited representative. Engineers whose positions are abolished may exercise their seniority rights to displace junior Engineers within 48 hours after the date of notification of abolishment. Engineers displaced may exercise their seniority in the same manner within 48 hours after the date of notification of displacement. Engineers who are able to but fail to exercise their displacement rights within the prescribed time will, if seniority allows, revert to the extra board. Engineers not possessing sufficient seniority to displace any Engineers will be placed in furlough status. Engineers exercising displacement rights under this Rule must meet all the qualifications required of the assignment to which they displace before being permitted to work. A displaced Engineer is not to be considered displaced until the displacing Engineer covers the assignment. (b.) Engineers will promptly notify NJT Rail in writing, by certified mail, return receipt requested, of any change of name or address, and provide a copy to the duly accredited representative. (c.) When forces are increased or vacancies occur, furloughed Engineers will be notified by certified mail or telegram, sent to the last address given, with a copy provided to the duly accredited representative, and will be recalled to service in seniority order. (d.) Furloughed Engineers who fail to return to service within 30 calendar days after being notified in accordance with paragraph "c" of this Rule will be considered as having resigned, unless they present sufficient proof that circumstances beyond their control prevented their return.
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