RULE 16 - ANNULMENT OF ASSIGNMENTS (a.) When it is known that the assignment of a regular assigned Engineer, except the extra board, is to be annulled for one day or longer, the Engineer will be notified at least four hours in advance of reporting time (except when it is known that a regular yard assignment is to be annulled for one or more days, an Engineer filling such an assignment shall be notified at least sixteen (16) hours in advance of such annulment; if not known at or prior to sixteen (16) hours in advance Engineers shall be notified at least eight (8) hours in advance.) When a regular assignment is annulled for one day or more, exclusive of holidays, an employee holding the assignment may elect to hold the assignment for the period of annulment or exercise seniority to another assignment that has not been annulled. If he elects to exercise seniority to another assignment, he must do so within twenty-four (24) hours of the time he is notified of the annulment or completion of his trip or tour of duty preceding the date of annulment. (b.) Advance notice before annulling assignments is not required under emergency conditions such as flood, snow storm, hurricane, tornado, earthquake, fire, strike, or derailment, provided that such conditions result in suspension of NJT Rail's operation in whole or in part. Such emergency annulments will be confined solely to those work locations directly affected by any suspension of operation. Engineers who are affected by an emergency annulment and report for work without having been previously notified not to report, will receive three hours' pay at the applicable rate of their positions. If Engineers work any portion of the day, they will be a minimum day's pay. Upon termination of the emergency conditions and restoration of the service, all positions and incumbents thereof will be restored to the status prevailing prior to the emergency. Except as otherwise provided in this Agreement, deadhead shall be compensated as follows: (a.) When deadheading by train, actual time consumed from the home terminal to the on-duty point shall be compensated at the straight-time rate. (b.) If Engineers use their own personal transportation to deadhead to and from an on-duty point, employees shall be compensated at the straight-time rate for time according to the timetable schedule from the employee's home terminal to and from the on-duty point, not to exceed two (2) hours for each trip. In addition, employees who use their own personal transportation to deadhead shall be reimbursed at the mileage rate established from time to time by the Internal Revenue Service for actual miles traveled from their residence, not to exceed timetable distance from their home terminal to the on-duty point. (c.) Employees are not entitled to deadhead pay for traveling from one point to another in exercising seniority. (a.) An Engineer who is assigned to an extra board who is available for service during an entire weekly period and who does not layoff or miss a call will be guaranteed a money equivalent of 40 straight-time hours each weekly period. NJT Rail shall determine the location of and the number of Engineers assigned to an extra board. (b.) Engineers assigned to an extra board must be available and qualified to work any assignments which the extra board protects. Engineers assigned to an extra board will be called first in, first out, as registered on the extra board. (c.) Engineers assigned to an extra board must register on the extra board with the crew dispatcher immediately upon completion of their tour of duty as soon as phone service is available. (d.) Engineers assigned to an extra board who miss a call shall be held off the extra board for 24 hours and will be placed at the bottom of the extra board. (e.) Engineers assigned to an extra board will be called as nearly as possible three (3) hours before the time required to report for service or deadhead. Where local conditions warrant, the duly accredited representative and the designated NJT Rail official may agree to a different calling time, subject to the approval of the General Chairman and the highest appeals officer of NJT Rail. (f.) Engineers assigned to an extra board who do not have sufficient time under the Hours of Service Law to be called for service shall retain their standing on the extra board until they are called for service after their rest. (g.) Engineers assigned to an extra board who are not called in turn will be paid four (4) hours and will retain their place on the extra board. (h.) Engineers who are sent to outlying points in accordance with this Rule 18(h), will be called first in, first out on a daily basis. Deadhead payments in accordance with this Rule will be allowed only the first engineer for the going trip and the last engineer for the returning trip for each seven (7) day period of the vacancy. Travel allowance in accordance with the Rule will be allowed to each engineer called within the seven (7) day period of the vacancy. (i.) NJT Rail may, from time to time, establish extra boards at outlying points. Engineers assigned to such an extra board who are available for service during an entire weekly period and who do not layoff or miss a call will be guaranteed a money equivalent of 40 hours at the straight-time rate. 1. Engineers who bid to an extra board pursuant to this paragraph shall not be eligible for deadhead payment or any other reimbursement for travel. 2. If no bids are received for an extra board established pursuant to this paragraph, the junior Engineer shall be force assigned to fill the vacancy. The man so assigned will not be permitted to take temporary vacancies or otherwise vacate the job until such time as a Junior Engineer becomes available, at which time, upon request, he will be released with displacement rights. (j.) An Engineer assigned to an extra board who lays off or misses a call will have his weekly guarantee reduced by the earnings of the assignment he was called for, or would have been called for, but did not work. (k.) An Engineer assigned to an extra board who is otherwise available for service during an entire weekly period may request additional rest over that which he is entitled by the Hours of Service Law, up to a maximum of two hours. An Engineer who is granted permission for additional rest who otherwise would have been called during this additional rest period shall retain his position on the extra board but shall have his weekly guarantee reduced in accordance with paragraph "j" of this Rule. (l.) Rest days: Ten (10) percent of the employees on the extra lists for any division (with a minimum of one) will be permitted to mark off for one day on any given day in any work week. An employee on the extra lists will only be allowed to exercise this right to mark off once during the work week. This rule will become effective March 1, 1989 or earlier if practicable. (m.) Assignments known to be vacant for more than five (5) days may be taken and filled on the first day or thereafter by the senior employee making application in writing. Such employee shall not be eligible for deadhead payment or any other reimbursement for travel for such assignment. The following clarifies and interprets Rule 18,
Paragraph m. Question: 1. Does paragraph (m), Rule 18, Extra Board, apply to both regular employees and extra employees who make application for assignments known to be vacant for more than five days? Answer: No. This Rule applies to extra employees only. Question: 2. When an employee applies for and is awarded an assignment known to be vacant for more than five days pursuant to paragraph (m) of Rule 18, Extra Board, how long must the employee remain on the vacancy? Answer: The following paragraphs are intended to clarify the specific operation of Rule 18(m). a. An employee awarded a vacancy under paragraph (m) must remain on the vacancy until (i) the regular employee returns to the position, (ii) the employee is displaced by a senior extra employee, or (iii) the vacancy is advertised and awarded in accordance with Rule 14(b). b. An Employee awarded a temporary vacancy pursuant to paragraph (m) of Rule 18 will not be permitted to displace to or make application for another temporary vacancy. c. An employee awarded a temporary vacancy pursuant to paragraph (m) of Rule 18 who bids for and is awarded a permanent assignment pursuant to Rule 14 must vacate the vacancy within five (5) calendar days and work the permanent assignment. Employees must notify the crew caller not less than four hours in advance of reporting time of the assignment. d. Engineers who are working temporary vacancies who are displaced or who must surrender a temporary vacancy because the incumbent Engineer has resumed or for any other reason which would render them back to the Extra List, will be placed on the Extra List at the time they are so notified by the Crew Dispatcher, unless at that time they choose to take another temporary vacancy through verbal communication with the Crew Dispatcher. e. Vacation vacancies of one week or more, whether created by the regular assigned Engineer or a Temporary Engineer may be taken on the first day of the scheduled vacation or thereafter by the Senior Qualified Engineer making application by verbal communication with the Crew Dispatcher. Vacancy's may not be taken within four hours of the on duty time of the assignment, and vacancy's may not be taken in advance of twenty-four hours of the on duty time of the assignment. f. Extra Engineers who are working a temporary vacancy who may be absent from that temporary vacancy for reasons other than vacation and by doing so create a vacancy, will be filled from the appropriate Extra List in accordance with Rule 18(h), including the interpretation, and understanding, of March 18, 1985, application of Rule 18. NOTE:
March 18, 1985 Side Letter This Letter of Understanding dated this 18th day of March, 1985 between the employees represented by the Brotherhood of Locomotive Engineers and New Jersey Transit Rail Operations, Inc. (NJTRO) sets forth the application, interpretation, and understanding of Rule 18 of the agreement effective January 1, 1983. It is agreed: 1. When an extra list is exhausted, the crew caller will go to the next nearest extra list established by Time Table miles within the district. a. Engineers called from the first manned nearest extra list to supplement another manned list within the district will be called first in, first out on a daily basis and deadhead payments will be allowed on a daily basis. b. Engineers called from the first manned nearest extra list to supplement another unmanned list within the district will be called first in, first out on a daily basis and deadhead payments will be allowed only the first engineer for the going trip and the last engineer for the returning trip for each seven (7) day period of the vacancy. Travel allowance in accordance with the Rule will be allowed to each engineer called within the seven (7) day period of the vacancy. c. In the event that the first manned nearest extra list is exhausted and the next nearest extra list is utilized, the engineer called in this situation will be allowed deadhead pay and travel allowance to and from the assignment on a daily basis. 2. Engineers assigned to an extra list who are called to supplement another extra list within the District who layoff or miss a call will have their weekly guarantee reduced by the earnings of the assignment called for or would have been called for but did not work. Original signed by: D. F. Riley - General Chairman Conrail for BLE J. S. Baker - Director of Labor Relations for NJTRO _______________________________________________________________ ·
The original paragraph 1. of this
Agreement replaced Rule 18(h), and the original paragraph 2. changed call time in Rule
18(e) from a two (2) hour call to a three (3) hour call to report for deadhead. These changes are in place in Rules 18(e) and (h). (a.) Regular Engineers who desire to work on the relief days of their assignments after the Guaranteed Extra Board at a location is exhausted shall so indicate in writing to the Crew Dispatcher at least 48 hours prior to the commencement of the relief days of his assignment. There shall be a separate relief day list at any location where a Guaranteed Extra Board is established. An Engineer may work upon the Relief Day List at the location where his regular assignment starts and finishes. If there is no Relief Day List at that location, he may mark up on the Relief Day List at the nearest location where such a list is maintained. The Engineer will provide a copy of any such request to the BLE Local Chairman having jurisdiction. (b.) If two or more Engineers request to mark upon a Relief Day List at the same time, seniority will establish the order of mark-up. (c.) An Engineer will be called from a Relief Day List when no Engineers on the Guaranteed Extra Board protecting the assignment are available. An Engineer called in accordance with this paragraph (c) must fulfill the assignment for which called. An Engineer, however, will not be given an assignment that will prevent him from covering his regular assignment the following day due to lack of rest, but he will retain his relative standing on the Relief Day List. (d.) Calls from a Relief Day List shall be made in the same manner as a Guaranteed Extra Board, except that an Engineer who misses a call off a Relief Day List will be held off such list for the remainder of his rest days in that work week and then shall be marked up at the bottom of the list. (e.) Except when they are on assigned vacation or authorized to be absent from duty, Engineers who are marked up on a Relief Day List and miss two successive calls shall have their names removed from the list. They shall not be permitted to make written application again for a Relief Day List for thirty (30) days. (f.) Engineers who perform service on their regular relief days will be paid for time on duty at one and one-half times the regularly applicable rate, provided they have performed service on five (5) consecutive days prior to the inception of their relief days or, in the event of a change in assignments, provided they have performed service on five (5) consecutive days during the last work week of their former assignment. If an Engineer is compensated for reporting at the direction of NJT Rail or for a holiday during the work week, it will be considered a work day for the purpose of being eligible for payment at the rate of time and one-half on relief days. Engineers absent on account of sickness or absent with permission will not be considered as fulfilling the five (5) days requirement. RULE 20 - DEFERRED STARTING TIME When Engineers normally report for duty without being called, and it is desired on any day to defer the reporting time, at least three hours advance notice will be given before the usual reporting time of the assignment. The advance notice will specify the new reporting time, and the Engineers' trip or tour of duty will not begin until that time. If not so notified, the reporting time will be as provided in the assignment. An Engineer may have his starting time deferred only once for each trip or tour of duty. RULE 21 - REPORTING OFF DUTY WITH
PERMISSION (a.) Extra Engineers must request permission to be absent from duty prior to the time they are called and regularly assigned Engineers must request permission to be absent from duty prior to the established calling time for their assignment. (b.) Employees who have been authorized permission by NJT Rail to be absent from duty will be marked up for duty at the time they notify the crew dispatcher. (c.) Extra engineers who have been authorized permission by NJTRO to be absent from duty in accordance with Rule-21 must be off a minimum of twelve (12) hours from the time they notify the crew caller and are allowed time off with permission. (d.) Regular assigned engineers who have been authorized permission by NJTRO to be absent from duty in accordance with Rule-21 must report for their assignment a minimum of four (4) hours prior to the established on-duty time for their assignment. (a.) Engineers called, or required to report without being called, and released without having performed service will be paid for actual time held with a minimum of four hours at the straight-time rate and, in the case of Engineers assigned to the extra board, will remain first out on the extra board; if held over two hours and released without having performed service, they will be paid eight hours at the straight-time rate and, in the case of Engineers assigned to an extra board, will be placed at the bottom of the extra board. (b.) An Engineer shall not be entitled to the compensation provided in this Rule if he is notified after having been called, but before leaving his calling place, that his call has been cancelled. (c.) Engineers who are called in an emergency situation after having already performed compensated service on the day involved will be paid for actual time worked, with a minimum of three hours at the straight-time rate. NOTE:
The term emergency as used in this paragraph is defined as a situation that: (i.) Involves or may cause delay to traffic because all tracks are blocked. (ii.) Involves delay to a passenger train or trains. (iii.) Involves violation of laws or local ordinances. (iv.) Involves injury to person requiring prompt treatment or removal to hospital. (v.) Any situation which may arise may not be called an "emergency" situation" if NJT Rail makes arrangements to perform such services more than three (3) hours in advance of such service being performed. In this case NJT Rail will call Engineer(s) to perform such service from the appropriate Extra List(s), providing an Engineer is available. RULE 23 - NOT USED ON REGULAR ASSIGNMENT Engineers working Regular Passenger Assignments will not be used on any other assignment than their own except in a case of emergency. The term "emergency" is defined as a situation that: (I) Involves or may cause delay to traffic because all tracks are blocked. (II) Involves delay to a passenger train or trains. (III) Involves violation of laws or local ordinances. (IV) Involves injury to person(s) requiring prompt treatment or removal to hospital. If an Engineer is taken from his regular assignment and used account of any of the above conditions, the Engineer will be paid the rate of his regular assignment if it results in more compensation than the position to which he is moved. RULE
24 - CALLED AHEAD OF TIME In case of emergency, as defined in Rule 22-Calls, Engineers may be required to report ahead of their assigned time and will be compensated on a continuous time basis from the time they report for duty. Engineers who are called and report for duty as required by this rule will not receive less than their regular earnings. RULE
25 - CUT OFF UNDER HOURS OF SERVICE (a.) Engineers will not be released from duty before arriving at their advertised designated on and off point or turnaround point, unless it is apparent that the trip cannot be completed under the laws limiting the hours on duty. Engineers will be released from duty under this Rule only upon instructions from proper officer of NJT Rail. (b.) Engineers will not be cut off for rest pursuant this Rule, except at location where food and lodging are available. (c.) Engineers cut off under the law limiting the hours on duty who then deadhead into their designated on and off point or turnaround point will be paid continuous time unless released at their relieving point. (d.) Hours of Service - Rest periods shall be regulated in accordance with Federal Hours of Service Law. (e.) When an Engineer is unable to work his/her assignment due to not having sufficient rest under the Hours of Service Act, they will be paid one basic day's pay. Additionally, such Engineer may make themselves available for duty. In these circumstances, the earning of the assignment worked, and not the basic day would be paid.
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