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RULE 35 -
EQUIPMENT ON MOTIVE POWER (a.) Engines shall be supplied with fuel, water, sand, and equipment necessary for the service to be performed and shall be equipped to comply with statutory requirements relating to the health and comfort of the Engineer. (b.) Engineers shall be responsible for knowing that their engines are properly equipped and serviced. Engineers shall report any defects that come to their attention. Additional, Engineers shall be required to inspect safety seals on their equipment, do other inspections and make reports during each tour of duty and shall be compensated 15 (fifteen) minutes at the base rate therefore. This payment shall be in addition to all other earnings of their assignment and shall not be considered as time worked. (c.) When engines are dispatched from an engine facility where enginehouse forces are employed and on duty at the time of dispatchment, engines shall be supplied and cleaned by enginehouse forces. At locations where enginehouse forces are not employed, engines shall be supplied by other than Engineers. (d.) All engine cabs shall be provided with heating equipment maintained to heat the locomotive cab in compliance with I.C.C. regulations. Cab windows and doors shall be weather-stripped and maintained. (See Appendix 21 - Understanding on Air Conditioning of Engines/MUs, page 100.) (e.) Front and rear windows shall be
equipped with defrosters and windshield wipers which shall be maintained in
good working order. Defroster requirements will be in effect from October 1st
through April 30th. (f.) All road locomotives shall be equipped with flush or septic type toilets which shall be maintained in a clean sanitary condition and provided with toilet tissue and paper towels. (g.) All diesel locomotives used regularly in yard service shall be equipped for bay windows on the Engineer's side of the locomotive, and locomotives shall be provided with bay windows from October 1st through April 30th. Awnings shall be provided on locomotives used regularly in yard service, on the Engineer's side of the locomotive from May 1st through September 30th. These requirements will not apply to those areas that do not provide proper clearance. (h.) All locomotives, cab cars, and RDC
cars shall be equipped with seats on the right side of the cab which shall be
of upholstered spring or other
satisfactory cushion material.
Upholstered seat back and armrests shall be furnished and maintained in
good condition. Equipment having
engineer seats designed without arm rests due to shortage or other clearances
will be considered in compliance. a.
Operative Mechanical Devices Mechanical devices for cooling water shall be provided in
all motive power cabs and cab cars. Such devices shall provide a dry cooling
compartment of sufficient size to accommodate bottled water and lunches. An
adequate supply of bottled drinking water shall be made available at the same
locations currently existing on the property (see Attachment II). b.
Inoperative Mechanical Devices or Not Equipped On motive power cabs which have inoperative devices for
cooling water which cannot be repaired prior to dispatchment cab cars or
M" cabs not equipped with mechanical cooling devices, an adequate supply
of ice and bottled water in a suitable container shall be made available and
continued to be made available at the same locations currently existing on the
property (see Attachment II). (j.) Engines, cab cars and RDC cars which are placed in service, must meet all other requirements of Paragraphs d, e, f, g, h and i. Any and all penalty payments for non-compliance with Rule 35 are eliminated.
Locker, toilet and lavatory facilities will be provided and maintained at designated on and off duty points, and existing parking facilities effective December 31, 1982 will remain available with parking permits to be provided for these facilities if requested by an employee. RULE
37 - ATTENDING COURT OR INQUEST (a.) Regular Engineers attending court or inquest or giving a deposition or stenographic statement in connection with other legal proceedings as a witness on behalf of NJT Rail at the direction of a proper officer of NJT Rail will be paid for the time actually lost on their assignments. Necessary reasonable expenses, including travel expenses, will be paid when away from home. (b.) An Engineer assigned to an extra board attending court or inquest, or giving a deposition or stenographic statement in connection with other legal proceedings as a witness on behalf of NJT Rail at the direction of a proper officer of NJT Rail will be paid the amount he would have earned and placed in the same relative standing had he been called in his turn from the extra board. Necessary reasonable expenses, including travel expenses, will be paid when away from home. (c.) Engineers attending court or inquest as a witness on behalf of NJT Rail or giving a deposition or stenographic statement in connection with other legal proceedings at the direction of a proper officer of NJT Rail, when no time is lost, will be paid actual time consumed, with a minimum of eight hours at the straight-time rate. Necessary reasonable expenses, including travel expenses, will be paid when away from home, and Engineers assigned to an extra board will hold their same relative standing on the crew board. (d.) No deadhead payment will be made to Engineers for any traveling necessary to their attendance at court or inquest. (e.) Witness fees and mileage allowance will be remitted to NJT Rail. Bereavement leave will be allowed in case of the death of an Engineer's brother, sister, parent, child, spouse, or spouse's parent, not in excess of three calendar days following the date of death. In such cases, eight hours' pay will be allowed for each work day lost during bereavement leave. Engineers involved will make provision for taking leave with their supervisor in the usual manner. Agreed to questions and answers to the National Agreements where applicable, are made a part of this Rule as follows: NOTE: Agreed-Upon Interpretations-Bereavement Leave 1. Q: How are the three calendar days to be determined? A: An employee will have the following options in deciding when to take bereavement leave: (a) three consecutive calendar days,commencing with the day of death, when the death occurs prior to the time an employee is scheduled to report for duty; (b) three consecutive calendar days,ending the day of the funeral service; or (c) three consecutive calendar days,ending the day following the funeral service. 2. Q: Does the three (3) calender days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances? A: Three days for each separate death; however there is no pyramiding where a second death occurs within the three-day period covered by the first death. Example: Employee had a work week of Monday to Friday- off-day of Saturday and Sunday. His mother dies on Monday and his father dies on Tuesday. At a maximum, the employee would be eligible for bereavement on Tuesday, Wednesday, Thursday and Friday. 3. Q: An employee working from an extra board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the extra board but would not have performed service on one of the days on which leave was taken. Is he eligible for two or three days of bereavement pay? A: A maximum of two days. 4. Q: Will a day on which a basic day's pay is allowed account bereavement leave as a qualifying day for pay purpose? A: No; however the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability and that the first work day preceding or following the employee's bereavement leave as the case may be, should be the qualifying day for the holiday purpose. 5. Q: Would an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or stepsister, stepparents or stepchildren? A: Yes as to half-brother or half-sister, no as to stepbrother or stepsister or stepchildren. However, the rule is applicable to a family relationship covered by the rule through the legal adoption process. When Engineers are summoned for jury duty and are required to lose time from their assignments, they will be paid for actual time lost with a maximum of eight hours' pay at the straight-time rate for each calendar day lost. From this amount will be deducted the amount allowed for jury service for each such day, except allowances paid by the court for meals, lodging or transportation. These payments are subject to the following requirements and limitations: (a.) An Engineer must furnish NJT Rail with a statement from the court of jury allowances paid and the days on which jury duty was performed. (b.) The number of days for which jury duty pay will be paid is limited to a maximum of 60 days in any calendar year, except days paid for jury duty service in the State of New Jersey will be governed by N.J.S.A. 2A:69-5. (See Appendix 6 - Jury Duty Compensation, page 74.) (c.) No jury duty pay will be allowed for any day the Engineer is entitled to vacation. Agreed to questions and answers to the National Agreements where applicable are made a part of this Rule. (a.) Engineers must request written leave of absence when they are to be off duty for more than 30 consecutive days. (b.) A written leave of absence without impairment of seniority will be granted upon request to an Engineer for the following reasons: (i.) To accept an official position with NJT Rail. (ii.) To perform union committee work or to accept a full-time union position with the Brotherhood of Locomotive Engineers. (iii.) To accept an elective or appointive public office for which a competitive examination is not required. (iv.) To accept an appointive public office for which a competitive examination is required, if such public office is related to railroad work. (c.) Upon request, an Engineer will be granted a written leave of absence to perform military service in accordance with current applicable reemployment statutes. (d.) An Engineer granted a leave of absence in accordance with paragraph "b-i" or "ii" will be granted that leave of absence for the duration of the assignment. (e.) A request for a leave of absence for reasons other than those outlined in paragraph "b" and "c" may be granted upon agreement between the highest appeals officer of NJT Rail and the BLE General Chairman. (f.) A request for a leave of absence or for an extension must be made in writing to the highest appeals officer of NJT Rail, with a copy to the General Chairman. (g.) Except as set forth in paragraphs "c" and "d", no leave of absence or extension thereof will exceed one year. (h.) An Engineer who fails to report for duty within 15 days after the expiration of an authorized leave of absence or an extension thereof or fails to furnish satisfactory reasons for not doing so will have his seniority terminated and record closed. An Engineer whose seniority has been terminated may, through the General Chairman, appeal such termination to the highest appeals officer within 30 days of the notice of termination. (i.) An Engineer granted a leave of absence under paragraph "b-i", or "ii" will be required to return to duty in the craft within 60 days after being relieved of his assignment, or he will be subject to conditions set forth in paragraph "h". (j.) An Engineer who absents himself without a written authorized leave of absence, as provided in this Rule, will have his seniority terminated in accordance with Rule 47 - Discipline and Investigation. (k.) A leave of absence is not required when an Engineer is unable to perform service for NJT Rail due to a bonafide sickness or injury. (l.) An Engineer on an authorized leave of absence who engaged in other employment not provided for in the authorized leave of absence will forfeit all his seniority.
RULE
41 - COMPULSORY RETIREMENT Retirement will be compulsory at the end of the month in which an Engineer reaches 70 years of age. NOTE:
Provisions of this rule are no longer in effect as of 1-1-89. A law was enacted making this rule null and
void. RULE 42 -
APPROVAL OF APPLICATION (a.) Applications for employment will be rejected within 90 calendar days after seniority date is established, or applicant will be considered accepted. Applications rejected by NJT Rail must be declined in writing to the applicant. (b.) An Engineer who has been accepted for employment in accordance with paragraph "a" will not be terminated or disciplined by NJT Rail for furnishing incorrect information in connection with an application for employment or for withholding information therefrom, unless the information involved was of such a nature that the Engineer would not have been hired if NJT Rail had timely knowledge of it. (a.) Subject to the terms and conditions below, all Engineers will, as a condition of their continued employment, hold or acquire union membership in any one of the labor organizations, national in scope, organized in accordance with the Railway Labor Act, and admitting Engineers to membership. Nothing herein will prevent any Engineer from changing union membership from one organization to another organization admitting Engineers to membership. NOTE:
It is understood by the parties to this Agreement that this provision is not
intended to bar the Brotherhood of Locomotive Engineers from seeking a
declaration in any appropriate legal forum that for the Engineers in NJT Rail
service the requirement of membership in a labor organization may only be
satisfied by membership in the Brotherhood of Locomotive Engineers. (b.) Engineers will join any one of the labor organizations, described in paragraph "a" of this Rule, within 60 calendar days of the date on which they complete 30 days of compensated service as Engineers within 12 consecutive calendar months, and will retain such membership during the time they are employed as Engineers except as otherwise provided herein. (c.) When Engineers are regularly assigned to official or subordinate official positions they will not be compelled to maintain membership as provided herein, but may do so at their own option. (d.) Nothing herein will require an Engineer to become or remain a member of the Brotherhood of Locomotive Engineers if membership is not available to him upon the same terms and conditions as apply to any other member, or if his membership is denied or terminated for any reason other than his failure to tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership. The dues, initiation fees and assessments referred to herein mean indebtedness accruing for these items. (e.) The Brotherhood of Locomotive Engineers will keep account of Engineers and will independently ascertain whether they comply with union membership requirements. (f.) The General Chairman of the Brotherhood of Locomotive Engineers will notify the appropriate Labor Relations officer in writing of any Engineer whose employment he requests be terminated because of the Engineer's failure to comply with union membership requirements. Upon receipt of such notice and request, NJT Rail will, as promptly as possible but within 10 calendar days of such receipt, notify the Engineer concerned in writing by registered or certified mail, return receipt requested, sent to his last known address, or sent by receipted personal delivery, that he is charged with failure to comply with the union membership requirements. A copy of the notice will be given to the General Chairman. Any Engineer so notified who disputes the charge that he has failed to comply with union membership requirements will, within 10 calendar days from the date of such notice, request NJT Rail in writing to accord him a formal hearing. Such a request will be honored by NJT Rail and a date set for the formal hearing as soon as possible, but within 10 calendar days of the date of the receipt of the request. A copy of the notice of such a formal hearing will be given to the General Chairman. The receipt by NJT Rail of a request for a hearing will stay action on the request by the General Chairman for termination of the Engineer's employment until the formal hearing is held and the final decision is rendered. If the Engineer concerned fails to request a formal hearing as provided for herein, NJT Rail will proceed to terminate his employment at the end of 30 calendar days from receipt of the request from the General Chairman, unless NJT Rail and the Brotherhood of Locomotive Engineers agree otherwise in writing. (g.) NJT Rail will determine on the basis of evidence produced at the formal hearing whether or not the Engineer has complied with the union membership requirements, and will render a decision accordingly. Such a decision will be rendered within 10 calendar days of the hearing date, and the Engineer and the General Chairman will be promptly notified. A transcript of the hearing will be furnished to the General Chairman. If the decision is that the Engineer has not complied with union membership requirements, his employment as an Engineer will be terminated within 10 calendar days of the date of the decision, unless NJT Rail and the Brotherhood of Locomotive Engineers agree otherwise in writing. If the decision of NJT Rail is not satisfactory to the Engineer or to the Brotherhood of Locomotive Engineers, it may be appealed in writing directly to the highest officer of NJT Rail designated to handle appeals. Such appeal must be received within 10 calendar days of the date of decision appealed from and the decision on such an appeal will be rendered within 20 calendar days of the date the appeal is received. The decision by the highest appeals officer of NJT Rail designated to handle appeals will be final and binding unless, within 30 calendar days thereafter, NJT Rail is notified in writing that the decision is unsatisfactory, and in such event the dispute may be submitted to a tribunal having jurisdiction within six months of the date of such decision. A representative of the Brotherhood of Locomotive Engineers will have the right to be present at and participate in any hearing which involved the Brotherhood of Locomotive Engineers. (h.) The discipline rule will not apply to union membership requirement cases. (i.) Nothing herein will be used as a basis for time or money claims against NJT Rail.
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