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When an Engineer's actual earnings are short one day or more, adjustment will be made and the Engineer will be paid upon request at the pay location. (a.) Regularly assigned Engineers engaged in switching and classification service will each have a fixed starting time which will not be changed without at least 48 hours advance notice. (b.) Where three eight-hour shifts are worked in continuous service, the time for an assignment on the first shift to begin work will be between 6:00 a.m. and 10:00 a.m., the second shift, 2:00 p.m. and 6:00 p.m., and the third shift, 10:00 p.m. and 2:00 a.m. (c.) Where two shifts are worked in continuous service, the time for an assignment on the first shift to begin work will be any one of the periods named in paragraph "b". (d.) Where two shifts are not worked in continuous service, the time for an assignment on the first shift to begin work will be between the hours of 6:00 a.m. and 11:00 a.m., and on the second shift, not later than 2:00 a.m. (e.) At points where there is only one regular yard assignment, the assignment may be started at any time subject to paragraph "a". (f.) Where an independent assignment is worked regularly, the assignment may be started during one of the periods provided for in paragraph "b" or "d". (g.) An extra yard assignment may be started at any time provided for in paragraphs "b" or "d". (h.) If an Engineer is started at a time other than provided for in paragraph "b" or "d", except as provided in paragraph "g", he will be paid from the last permissible starting time until released from duty. (a.) Engineers engaged in switching and classification service will be allowed 20 minutes for lunch without deduction in pay. The lunch period must be given and completed within four and one-half and six hours after starting work. In the event conditions do not allow the lunch period to be taken between four and one-half and six hours after starting work, Engineers in switching and classification service will be paid an additional 30 minutes at the straight-time rate and will be allowed a 20 minute lunch period as soon as conditions permit. (b.) Engineers in passenger service, in work, wire, wreck, construction and snow plow service will be given a reasonable time to eat during their trip or tour of duty. (a.) Employees shall be required to take and pass examinations connected with their duties. Such examinations shall be written or oral and include promotion examinations, physical examinations, territorial qualification examination, and service examination (on the Operating Rules,Safety Rules, and air brake and other equipment rules). (b.) To the extent practicable, NJT Rail shall schedule required examinations other than physical examination so employees may arrange to take them without loss of time. Unless otherwise specified by NJT Rail, employees shall arrange to schedule their own physical examinations. (c.) Subject to the exceptions listed below, for which no compensation will be paid. Engineers required to attend a training class or an examination will be compensated for time engaged in such training or examination. If required to lose time, Engineers will be paid an amount not less than they would have earned on the assignment they would have worked. If no time is lost, compensation will be for the actual time consumed in such training class or examination, at the straight-time hourly rate, with a minimum of eight hours. Exceptions: (i.) Examinations during the first year of employment. (ii.) Promotion examinations. (iii.) Physical examinations, including vision and hearing examinations. RULE
30 - PHYSICAL EXAMINATION (a.) Engineers will be subject to periodic medical examinations in accordance with NJT Rail policy. (b.) When it is obvious that an Engineer is medically (physically or mentally) impaired in a way that affects his service, NJT Rail may hold that Engineer out of service pending the outcome of a medical examination. Engineers held out of service by NJT Rail because they are medically unable to perform service may have an examination by a doctor of their own choosing without expense to NJT Rail. In case of disagreement on the Engineer's fitness to work, the two doctors will select a third doctor, who is a specialist in the medical area involved, and the decision of the majority of the three as to the Engineer's fitness will be final. The expense of the third doctor will be shared equally by the parties. If it is determined that the Engineer's condition does not warrant being held out of service, such Engineer will be returned to service, and if it is determined that the Engineer was medically fit to perform service at the time he was held out of service, the Engineer will be paid for each day lost at a basic day's pay. When an Engineer is disqualified as a result of a medical examination by a Company physician, a copy of the medical report upon which the disqualification was based shall be furnished to that Engineer. (c.) An Engineer who has accepted medical disqualification or who was found to be properly disqualified by a neutral physician may, if there has been a change in his medical condition as evidenced by a report of his personal physician, request a reexamination. There will be no claim for time lost in such case, unless NJT Rail refuses to grant the reexamination or there is unreasonable delay in applying the terms of this paragraph. (d.) Where an indoor test discloses a deficiency of vision, color perception or hearing, the Engineer will, on request, be granted a field test, the result of which will determine his physical qualification for service. In case of a failure to pass a vision test when examined without corrective lenses, the Engineer will be given the opportunity for a reexamination with corrective lenses.
RULE
31 - PLACEMENT OF PHYSICALLY RESTRICTED ENGINEERS In the event a physically restricted Engineer is unable to displace on an assignment consistent with his restriction, the Local Chairman may place him on an assignment held by a senior Engineer provided that the senior Engineer does not have to leave NJT Rail territory. RULE
32 - QUALIFYING ON PHYSICAL CHARACTERISTICS (a.) When an Engineer exercises seniority to an Engineer assignment which requires him to operate over territory in which he has not been qualified on the physical characteristics, he shall become qualified for service over such territory without expense to NJT Rail. (b.) When an Engineer with a seniority date prior to January 1, 1983 is force assigned to an Engineer's assignment for which no bids were received or is set up on an extra list which requires him to operate over territory in which he has not been qualified on the physical characteristics, he shall become qualified for service over such territory and shall be compensated in accordance with Paragraphs "c" and "d" of this Rule. (c.) Engineers engaged in qualifying pursuant to Paragraph "b" shall be compensated eight hours at the straight-time rate. NOTE: April 29, 1983 Side Letter This is to confirm the understanding reached during negotiation of the Agreement of December 30, 1982 between New Jersey Transit Rail Operations, Inc. and the Brotherhood of Locomotive Engineers that engineers who transfer from Conrail to NJT Rail on January 1, 1983 will be compensated for qualifying on the physical characteristics for his first assignment at NJT Rail. The Engineer shall be compensated pursuant to Rule 32 (c) on Qualifying on Physical Characteristics of the Agreement between NJT Rail and the Brotherhood of Locomotive Engineers. If an Engineer is unable at any time to exercise his seniority to hold a position on his former prior right territory or on an assignment where he is otherwise qualified on the physical characteristics of the territory, he will be allowed a maximum of three basic days pay (8 hours at straight-time rate each day) in order to qualify on the physical characteristics of the territory covered by the assignment. Original signed by: J. P. Carberry - Vice President BLE Martin E. Robin - Deputy Executive Director for NJTRO (d.) The maximum number of days an Engineer engaged in qualifying pursuant to Paragraph "b" may be compensated for while training to become qualified on a specific territory shall be determined by mutual agreement of the Superintendent and the General Chairman. Any time necessary to qualify in excess of the time designated shall be at no expense to NJT Rail. (e.) The manner in which an Engineer receives his training to become qualified on the physical characteristics shall be determined by NJT Rail. (f.) Before performing service on an assignment which requires him to operate over territory in which he has not been qualified, the Engineer shall be required , without compensation, to pass an examination on the physical characteristics of the territory involved. Engineers who are not examined on the physical characteristics within 48 hours after signifying they are ready for such examination shall be paid eight hours at the straight-time basic rate of pay for the dates their assignment is operated without them. When held off on extra list, they shall be paid eight hours at the straight-time basic rate for each calendar day they are withheld from the list and on which they do not perform service. Payment under this Paragraph "f" shall cease if, when examined, the Engineer fails to qualify. (g.) An Engineer shall not be permitted to mark up on an extra list until he is qualified on the physical characteristics of all the territory accruing to that extra list. (h.) It is the responsibility of the Engineer to maintain his qualifications on the physical characteristics, and payment under this Rule shall not be allowed an Engineer whose qualification on the physical characteristics has lapsed, unless the Engineer was not afforded an opportunity to remain qualified. (i.) On Regular Assignments, if new territory is added on which The incumbent Engineer is not qualified, he shall be paid to qualify on such territory pursuant to Paragraph (d) of this Rule. If the incumbent Engineer request to be qualified and is paid to qualify under this paragraph, he must stay on the assignment for a period of sixty days or until the next roll-over, whichever is less. _______________________________________________________________ ·
See Appendix 15 - Atlantic
City Agreement, page 92. RULE
33 - ENGINEER USED AS AN INSTRUCTOR (a.) When an Engineer-trainee is required to receive on-the-job training, the Engineer on the job selected shall instruct about the responsibilities and functions of Engineers under actual working conditions including the physical characteristics of the territory. (b.) NJT Rail shall select the Engineer-instructor but shall advise the General Chairman sufficiently in advance of the selection to permit him to offer his recommendation. However, it is understood that the final decision rests with NJT Rail. (c.) The Engineer-instructor shall permit the trainee to operate the engine and perform other functions of an Engineer under his direction. (d.) While an Engineer-instructor cannot be relieved from his responsibility for the safe operation of his train and engine, he shall not be held responsible for broken knuckles, damaged drawbars or rough handling when the engine is operated by a trainee. (e.) A differential of 15 minutes at the base rate of pay in addition to other earnings for a tour of duty shall be allowed for each tour of duty that an Engineer is required to act as an Engineer instructor for others who are qualifying on physical characteristics. A differential of 60 minutes at the base rate of pay in addition to other earnings for a tour of duty shall be allowed for each tour of duty that an Engineer is required to act as an Engineer instructor for others who are qualifying on equipment and train handling. (f.) Engineer-instructors shall be required to complete a trainee progress report at the end of each tour of duty on a form prescribed and furnished by NJT Rail and mail the completed progress report in a stamped, preaddressed envelope to the trainee-coordinator. An Engineer shall be instructed on any type of equipment which he has never operated and is therefore not familiar with. In the event an Engineer is force assigned to an assignment with equipment on which the Engineer is not qualified, or if an Engineer's regular assignment is changed so as to require him to use equipment upon which he is unqualified, such Engineer shall be compensated one day at the pro-rata rate for each day qualifying on the new equipment.
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