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(a.) Subject to the conditions herein set forth, NJT Rail will withhold and deduct from wages due Engineers represented by the Brotherhood of Locomotive Engineers amounts equal to periodic dues, assessments and insurance premiums (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in the Brotherhood of Locomotive Engineers. (b.) No such deduction will be made except from the wages of an Engineer who has executed and furnished to NJT Rail a written assignment, in the manner and form herein provided, of such periodic dues, assessments and insurance premiums. Such assignment will be on the form specified in Appendix 17, (page 96) and will, in accordance with its terms, be irrevocable for one year from the date of its execution. (c.) Deductions as provided for herein will be made by NJT Rail in accordance with a deduction list furnished by the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers in the form specified in Appendix 18, (page 97) which may be changed by NJT Rail as conditions require. Such list will be furnished to the Director, Payroll Operations, separately for each Local Division. Thereafter, a list containing any additions or deletions of names, or changes in amounts will be so furnished to NJT Rail on or before the 20th day preceding the month in which the deductions will be made. (d.) Deductions as provided for herein will be made monthly by NJT Rail from wages due Engineers for the first biweekly pay period (or corresponding period for those paid on a weekly basis) which ends in each calendar month, and NJT Rail will pay, by draft, to the order of the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers, the total amount of such deductions, on or before the 10th day of the month following the month in which such deductions are made. With the draft, NJT Rail will forward to the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers a list setting forth any scheduled deductions which were not made. (e.) No deduction will be made from the wages of any Engineer who does not have due to him for the pay period specified an amount equal to the sum to be deducted in accordance herewith, after all deductions for the following purposes have been made: (i.) Federal, State and Municipal Taxes. (ii.) Other deductions required by law, such as garnishments and attachments. (iii.) Amounts due NJT Rail. (f.) Responsibility of NJT Rail will be limited to remitting to the Brotherhood of Locomotive Engineers amounts actually deducted from the wages of Engineers as outlined herein, and NJT Rail will not be responsible financially or otherwise for failure to make proper deductions. Any question arising as to the correctness of the amount deducted will be handled between the Engineer involved and the Brotherhood of Locomotive Engineers and any complaints against NJT Rail in connection therewith will be handled by the Brotherhood of Locomotive Engineers on behalf of the Engineer concerned. (g.) An Engineer who has executed and furnished to NJT Rail an assignment may revoke said assignment by executing the revocation form specified herein within 15 days after the end of the year, but if the Engineer does not so revoke the assignment, it will be considered as reexecuted and may not be revoked for an additional period of one year, and the reexecuted assignment will similarly continue in full force and effect and be considered as reexecuted from year to year unless and until the Engineer executes a revocation form within 15 days after the end of any such year. Revocation of assignment will be in writing and on the form specified in Appendix 19, (page 98) both the assignment and revocation of assignment forms will be reproduced and furnished as necessary by the Brotherhood of Locomotive Engineers without cost to NJT Rail. The Brotherhood of Locomotive Engineers will assume the full responsibility for the procurement and the execution of said forms by Engineers, and for the delivery of said forms to NJT Rail. Assignment and revocation of assignment forms will be delivered with the deduction list herein provided for to NJT Rail not later than the 20th of the month preceding the month in which the deduction or the termination of the deduction is to become effective. (h.) No provision of this Rule will be used in any manner whatsoever, either directly or indirectly, as a basis for a grievance or time claim by or in behalf of any Engineer, and no provision herein or any other provision of the agreement between NJT Rail and the Brotherhood of Locomotive Engineers will be used as a basis for grievance or time claim by or in behalf of any Engineer predicated upon any alleged violation of, or misapplication or noncompliance with, any provisions of this Rule. (i.) The Brotherhood of Locomotive Engineers will indemnify, defend, and save harmless NJT Rail from any and all claims, demands, liability, losses or damage resulting from the entering into or complying with the provisions of this Rule. RULE
45 - SPECIAL BOARD OF ADJUSTMENT (a.) If a satisfactory settlement cannot be reached between the parties following the decision of the highest officer of New Jersey Transit Rail designated to handle claims and grievances, or there is a disagreement as to the interpretation, application or performance of the agreement between the parties, either party to this agreement may submit the subject matter to the Special Board of Adjustment within sixty (60) days from the date of the highest appeals officer's decision. Such written request shall set forth (i) the specific action or non-action claimed to constitute a violation of the Collective Bargaining Agreement, (ii) the specific provision or provisions (section or sections, paragraph or paragraphs) of the respective agreement claimed to be violated, and (iii) the specific relief requested and the specific employee or employees for whom the relief is requested. (b.) In accordance with Section 3, Second of the Railway Labor Act, there is hereby established a BLE-NJTRO Special Board of Adjustment, hereinafter referred to as the "Board", and the Board shall have jurisdiction over requests properly submitted in accordance with paragraph (a) above. (c.) The Board shall consist of three members: One shall be appointed by NJTRO; one shall be appointed by the BLE; and the third member, who shall be Chairman, will be selected in accordance with paragraph (d). Partisan Members may be changed from time to time as decided by the individual party. (d.) After implementation of this agreement, the partisan members shall meet as soon as practicable for the purpose of selecting a Neutral Member. If they are unable to agree on a Neutral Member, either party may apply to the National Mediation Board and request that body to appoint a Neutral from its approved panel. The appointment of the Neutral shall be for a period of one (1) year. During that term, the Neutral is subject to replacement by mutual consent of the partisan members. (e.) The compensation and expenses of NJTRO Board Member shall be borne by NJTRO. The compensation and expenses of the BLE member shall be borne by the BLE. The compensation and expenses of the Neutral (Impartial Arbitrator) shall be paid by the National Mediation Board. In the event the National Mediation Board closes down operations for any length of time, this Special Board will continue to function, with the parties sharing the compensation and expenses of Neutral (Arbitrator). (f.) This Board shall have exclusive jurisdiction over all final appeals in claims for compensation, discipline proceedings, or any dispute concerning the interpretation of this agreement. This provision does not deprive an individual from processing case to the 1st Division, N.R.A.B. In case a dispute arises involving an interpretation of an award, the Board, upon request of either party, will reconvene and, within thirty (30) days of the request, interpret the award in light of the dispute. (g.) The Board shall meet at Newark, New Jersey at a Public Building (except NJT property), at a time determined by the Board, or, if they cannot agree, at a time determined by the Neutral (Arbitrator) upon at least five calendar days notice to the parties. Meetings shall be once a month unless mutually agreed to contrary. Nothing in this agreement may prohibit the parties from mutually agreeing upon other locations. (h.) Thirty (30) days after expiration of the term of Neutral (Arbitrator) Member, the party members shall meet to select a new Neutral Member. Nothing shall prevent the parties from agreeing to the reappointment of a Neutral (Arbitrator) Member. Either party may apply to the National Mediation Board in accordance with paragraph (d) above. (i.) Each claim or grievance shall be presented separately to the Board, unless otherwise agreed to by the parties. Due notice of all hearings shall be given to the parties. At such hearings, the parties may be heard in person, by counsel, or by other representatives, as they may elect. The parties may present statements of facts, witnesses, documents, supporting evidence and data, and arguments of their positions with respect to each case being considered by the Board. The Board shall establish the rules of procedure for itself, except as otherwise provided herein. Either party may cause a transcript of the testimony to be taken. (j.) In the event an employee other than the grievant has material knowledge of the facts or circumstances of the grievance being handled and a report of such knowledge has been submitted during the course of the grievance procedure, NJTRO, at the request of the Union, will excuse and subpoena such employee to attend the hearing, provided the testimony to be given by the employee is not merely cumulative. (k.) The Board shall have no power to add to, or subtract from, or modify any of the terms of this Agreement; nor shall the Board substitute its discretion for that of NJTRO or the Union where such discretion has been retained by NJTRO or the Union; nor shall the Board exercise any responsibility or function of NJTRO or the Union. No questions affecting the negotiated wage structure of NJTRO shall be arbitrable, and the Board may not establish or change any wage rates. (l.) The Board is obliged to make findings and render a written award and opinion within thirty (30) days after the close of hearing of each case, with the exception of cases that may be withdrawn. No case may be withdrawn after hearing thereon has begun except by mutual consent of the parties. Findings and awards shall be in writing and copies shall be furnished the respective parties to the dispute. The rendition of such awards shall be in accordance with the provisions of Section 3, First and Second of the Railway Labor Act; they shall be final and binding upon all parties to the dispute; and they shall have the same force and effect as awards of the National Railroad Adjustment Board. Signatures of any two (2) Board Members will be sufficient to validate an Award. No Arbitrator may make an award which in effect gives the grievant, NJTRO, or the Union anything he or it bargained for, but failed to get, during Negotiations. RULE
46 - PRESENTATION OF CLAIMS FOR COMPENSATION (a.) A claim for compensation alleged to be due may be made only by a claimant or, on his behalf, by his duly accredited representative. No later than 60 days from the date of the occurrence on which a claim is based, a claimant or his duly accredited representative must submit two timeslips alleging the claim to the officer of NJT Rail designated to receive timeslips. The representative of NJT Rail who receives the timeslips from the claimant or from his duly accredited representative must acknowledge receipt of the timeslips by signing and dating them, and return the duplicate copy to the claimant or his duly accredited representative. If not presented in the manner outlined in this paragraph, a claim will not be entertained or allowed, but improper handling of one claim will not invalidate other claims of a like or similar nature. The unavailability of any designated NJT Rail officer to receive and acknowledge receipt of a timeslip will stay the running of the time limit. (b.) If a claimant is absent because of sickness, temporary disability, leave of absence, vacation or suspension, the time limit will be extended by the number of days the claimant is absent. (c.) To file a claim a claimant or his duly accredited representative will be required to furnish sufficient information on the time slip to identify the basis of the claim, such as (to the extent possible): 1. Name, occupation, employee number, division. 2. Train symbol or job number and engine number(s).
3. On and off duty time. 4. Date and time of day work performed. 5. Location and details of work performed for which claim is filed. 6. Upon whose orders work was performed. 7. Description of instructions issued to have such work performed. 8. Claim being made, rule if known, and reason supporting claim. 9. Location on the property for receipt of response. (d.) When a claim for compensation (other than the normal earnings of an assignment) alleged to be due is not allowed, or should payment be made for less than the full amount claimed, the claimant will be informed of the decision and reasons for it, in writing, within 60 days from the date that claim is received. When the claimant is not so notified, the claim will be allowed, but such payment will not validate any other such claims, nor will such payment establish any precedent.
(e.) Denial of a claim for compensation in accordance with paragraph "d" will be final and binding unless, within 60 days after the initial denial of the claim, the claimant or his duly accredited representative appeals it in writing in the following form to the highest officer designated to handle claims: 1. Subject: (Set forth nature of claim, dates, name of claimant.) 2. Employees' Statement of Facts: 3. Position of Employees: NOTE:
Claims of a similar nature may be progressed by the duly accredited
representative directly to the highest officer designated to handle
claims. If it is decided by the highest
officer that any of the claims so progressed are not similar, the Organization
may appeal the issue to the Impartial Arbitrator. (f.) The highest designated officer will arrange to meet on a regular basis with duly accredited representatives who request to discuss appeals which have been received by the designated officer at least ten days in advance of a meeting. In the written appeal, the duly accredited representative should either request to discuss the appeal at the regular meeting with the designated officer or waive the discussion and request a written response. The highest designated officer will render a decision in writing to the duly accredited representative within 30 calendar days of the date the highest designated officer receives the appeal requesting the written decision or within 30 days of the date the appeal was discussed at a meeting. If the claim is denied, the decision will be rendered in the following form: 1. NJT Rail's Statement of Facts: 2. Position of NJT Rail: When a claim is denied and the duly accredited representative is not notified within the time limit, the claim will be allowed but such payment will not validate any other such claim nor will such payment establish any precedent. Appeals received less than ten days in advance of a meeting will be scheduled for discussion at the next meeting. (g.) The decision of the highest officer of the NJT Rail designated to handle claims will be final and binding unless, within 60 days after the date of that decision, the claimant or his duly authorized representative submits a written request for arbitration to the BLE Special Board of Adjustment with a copy to NJT Rail. Arbitration shall be held as soon as practicable at a time agreed upon by the parties, or, if they cannot agree, at a time determined by the Board or Impartial Arbitrator upon at least five (5) calendar days notice to the parties. Arbitration shall be held in Newark, New Jersey at a public building (except NJT Rail property) unless otherwise determined by the Board. (h.) The time limit provisions in this Rule may be extended at any level of handling in any particular case by mutual consent of the duly authorized officer of NJT Rail and a representative of the Organization. (i.) The time limits set forth herein do not apply in discipline cases. RULE
47 - DISCIPLINE AND INVESTIGATION (a.) Except as provided in paragraph "c", no Engineer will be disciplined, suspended or dismissed from the service until a fair and impartial investigation has been conducted by an authorized NJT Rail officer. NOTE: October 5, 1987 Side Letter This refers to Paragraph "a" of Rule 47 - Discipline and Investigation, found on Page 49 of the Collective Bargaining Agreement between NJ Transit Rail Operations (NJTRO) and the Brotherhood of Locomotive Engineers (BLE). During our discussions concerning this subject, we discussed Paragraph "a" which reads as follows: (a.) Except as provided in paragraph "c", no Engineer will be disciplined, suspended or dismissed from service until a fair and impartial investigation has been conducted by a designated NJ Transit Rail officer." Paragraph (a) implies that the formal investigation is to be conducted by an authorized NJ Transit Rail official. A question has been raised as to the propriety of Amtrak or Conrail officers conducting formal investigations into discipline matters involving NJTRO Engineers while working on Amtrak or Conrail. It was agreed that an Amtrak or Conrail officer can properly conduct the investigation into discipline matters involving Amtrak or Conrail, but an NJTRO officer will be present to assure compliance with Rule 47 of the Collective Bargaining Agreement for Engineers. Original signed by: R. Godwin - General Chairman Conrail for BLE J. S. Baker - Director of Labor Relations for NJTRO (b.) 1. When a serious act or occurrence is involved, an Engineer may be held out of service pending investigation and decision. A serious act or occurrence is defined as: Rule "G", Insubordination, Extreme Negligence or Stealing. An Engineer will not be held out of service pending investigation and decision in other cases. NOTE: Q: What is meant by Extreme Negligence? A: The Right of NJT Rail to remove an Engineer from service on grounds of extreme negligence must be used sparingly and duly confined to transgressions of high risk or danger so that NJT Rail can say with justification that, notwithstanding the seriousness of removing an Engineer from service prior to investigation, the protection of life and limb of effected employees and passengers, and protection of NJT Rail property or property entrusted to the custody of NJT Rail demands the immediate removal of the Engineer. 2. If an Engineer is held out of service pending investigation and decision for other than a serious act or occurrence, he will be paid what he would have earned on his assignment had he not been held out of service beginning with the day he is taken out of service and ending with the date the decision is rendered or he is returned to service, excluding the day of the formal investigation, whether or not he is disciplined. Holding an Engineer out of service pending investigation and decision or compensating him for being improperly held out of service is not prejudgment of the Engineer. (c.) Formal investigations, except those involving a serious act or occurrence, may be dispensed with should the employee involved and/or the Local Chairman and an authorized officer of NJT Rail, through informal handling, be able to resolve the matter to their mutual interests. Requests for informal handling must be made at least 24 hours before a formal investigation is scheduled to begin. No formal transcript, statement or recording will be taken at the informal handling. When a case is handled informally and the matter of responsibility and discipline to be assessed, if any, is resolved, no formal investigation will be required. A written notice of the discipline assessed and the reason therefore will be issued to the employee responsible, with a copy to the Local Chairman, if he participated in the informal handling, at the conclusion of the informal handling. Discipline matters resolved in accordance with this paragraph are final and binding. (d.) 1. An Engineer directed to attend an investigation to determine his responsibility, if any, in connection with an act or occurrence will be notified in writing within 14 days from the date of the occurrence or, in cases involving stealing or a criminal offense, within fourteen days from the date NJT Rail becomes aware of such act of occurrence and is reasonable obligated to act. The notice will contain: A. The time, date and location where the trial will be held. B. The date, approximate time and the location of the act or occurrence. C. A description of the act or occurrence which is the subject of the trial and rules which may be involved. D. A statement that he may be represented by his duly accredited representative. E. The identity of witnesses directed by NJT Rail to attend. 2. When a letter of complaint against an Engineer is the basis for an investigation, the Engineer will be furnished a copy of the written complaint together with the written notice of investigation. (e.) 1. The investigation must be scheduled to begin within 7 days from the date the Engineer received notice of the investigation. 2. An Engineer who may be subject to discipline will have the right to have present witnesses who have knowledge of the act or occurrence, to present testimony, and the NJT Rail will order such employee witnesses to be in attendance upon receiving a request from the Engineer under investigation or his duly accredited representative. 3. The above time limits are subject to the availability for attendance at the hearing of the principal(s) involved and witness(es) and may, by written notice to the Engineer involved, be extended by the amount of time the principal(s) involved or necessary witness(es) are off duty due to sickness, temporary disability, discipline, leave of absence or vacation. When an Engineer is being held out of service for a serious act or occurrence pending the hearing and other principal(s) or witness(es) are not available for the reasons cited, he may request commencement of the investigation. If either the Engineer or NJT Rail is of the opinion that the testimony of the unavailable principal(s) or witness(es) is necessary for the final determination of the facts and discipline has been assessed against the Engineer as a result of the investigation, such discipline will be reviewed when the testimony of the missing principal(s) or witness(es) is available. 4. When an investigation is not scheduled to begin within the time limit as set forth in this Rule, no discipline will be assessed against the Engineer. 5. An Engineer who may be subject to discipline and his duly accredited representative will have the right to be present during the entire investigation. (f.) When an Engineer is assessed discipline, a true copy of the investigation record will be given to the Engineer and to his duly accredited representative with the notice of discipline. When an engineer is charged but not assessed discipline, a copy of the investigation records will be provided, upon request, to those charged. (g.) 1. If discipline is to be imposed following an investigation, the Engineer to be disciplined will be given a written notice of the decision within fifteen days of the date the trial is completed, and at least 15 days prior to the date on which the discipline is to become effective, except that in cases involving serious acts or occurrences, discipline may be effective at any time. If the discipline is suspension, the period of suspension may be deferred. Deferral may continue as long as, within the succeeding probationary period as set forth in the schedule below following notice of discipline, the accused employee does not commit another offense for which discipline is subsequently imposed. Suspension Period of Probation Up to five days………………………………….Three months Ten days…………………………………………………….Six months 15 days and less than 30 days……………………………………………………….Nine months Thirty or more days……………………….One Year 2. If an Engineer is required to perform service during a period of suspension, the balance of the suspension will be eliminated. (h.) 1. If an Engineer considers the discipline imposed unjust, he or his duly accredited representative may appeal the case in writing to the Director of Labor Relations within 15 days of the date the Engineer is notified of the discipline. In the alternative, the Engineer or his duly accredited representative may, within 15 days of the date the Engineer is notified of the discipline, seek immediate arbitration before the impartial Arbitrator. 2. The hearing on an appeal will be held within 15 days of receipt by NJT Rail of the request for an appeal hearing. 3. Except when discipline assessed is dismissal, or when an Engineer has been held out of service under paragraph "b" and assessed discipline, the appeal will act as a stay of the imposition of the discipline until after the Engineer has been given an appeal hearing. 4. At appeal hearings, an Engineer may, if he desires to be represented at such hearings, be accompanied by his duly accredited representative. 5. The Director of Labor Relations will advise the Engineer of the decision, in writing within 5 days of the conclusion of the appeal hearing, with a copy to the duly accredited representative. If the decision is that discipline will be imposed, either in whole or for a reduced period, the stay referred to in paragraph h "3" will be lifted, and the discipline will be effective on the fourth day following the day of the appeal hearing. (i.) The decision of the Director of Labor Relations will be final and binding unless, within 15 days after receipt of the written decision, the employee or his duly accredited representative submits a written request for arbitration to the Special Board of Adjustment, with a copy to NJT Rail. (j.) 1. Arbitration shall be held as soon as practicable at a time and place to be agreed upon by the parties, or, if they cannot agree, at a time determined by the Board or the Impartial Arbitrator upon at least five (5) calendar days notice to the parties. Arbitration shall be held in Newark, New Jersey at a public building (except NJT Rail property) unless otherwise determined by the Board. 2. Written submissions to the Special Board of Adjustment will not be required, but nothing shall prohibit either party from making a written submission. 3. After the employee and NJT Rail have been given an opportunity to be heard and to submit proof as may be desired, the decision in writing of the Special Board of Adjustment shall be final and binding pursuant to the Railway Labor Act, as amended. (k.) If the final decision decrees that the charges against the employee were not sustained, the record shall be cleared of the charge. If held out of service, the employee shall be reinstated with all rights unimpaired and reimbursed for lost wages. (l.) 1. Time limits provided for in this Rule may be extended or waived by agreement in writing between the applicable officer of the Corporation (NJT Rail) and the Engineer's Local or General Chairman. 2. If discipline assessed is not appealed within the time limits set forth in this Rule or as extended, the decision shall be considered final, except as provided in paragraph (i). If the decision on the appeal is not rendered within the time limits set forth in this Rule or as extended, the discipline assessed shall be expunged. (m.) When notification in writing is required, personal delivery or proof of mailing within the specific time limit shall be considered proper notification. (n.) Expedited Procedure for Handling Dismissal Cases (1.) When an Engineer is dismissed, his case may be given expedited handling by his General Chairman to a Special Board of Adjustment, which shall meet in Newark, NJ and be composed of three (3) members: (A.) A representative of the Brotherhood of Locomotive Engineers. (B.) The highest appeals officer of the Corporation or his designated representative. (C.) A neutral member selected by the parties. In the event the parties are unable to agree upon a neutral member, they shall request the National Mediation Board to appoint a neutral. Such Special Board shall be established pursuant to Public Law 89-456 89th Congress, H.R. 706, June 20, 1966, within 30 days of the effective date of this agreement. (2.) Before invoking the services of the Special Board of Adjustment, the General Chairman must, within 30 days after the date of a notice of dismissal, appeal the case in writing directly to the highest appeals officer of the Corporation. (3.) In the written appeal, the General Chairman should either request a conference or waive the conference and request a written decision. When a conference is requested, a meeting date will be arranged as promptly as possible but not later than 30 days after the highest appeals officer of the Corporation receives the request. The highest appeals officer shall render a decision in writing to the General Chairman as promptly as possible but not later than 15 days after the date the case is discussed in conference. When a written decision is requested, the highest appeals officer of the Corporation shall render a decision in writing to the General Chairman as promptly as possible but not later than 30 days after the date the appeal is received. (4.) The decision of the highest appeals officer of the Corporation shall be final and binding unless within 30 days after the date the General Chairman receives the decision the General Chairman notifies the highest appeals officer of the Corporation in writing of his desire to submit the case to the Special Board of Adjustment. After the highest appeals officer of the Corporation receives such written notification, the Board shall be convened as promptly as possible. The Board shall render a final and binding decision as promptly as possible but not later than 30 days after the case is presented before the Board. (5.) Claim for time lost shall be waived in any dismissal case which the Organization does not progress under the Expedited Procedure for Handling Dismissal Cases. This shall not preclude the Organization from progressing such a case to a tribunal having jurisdiction pursuant to law without regard to any time limits in this article. The progression of such a case shall not be considered a request for leniency. (o.) (1.) Time limits provided for in this Rule may be extended or waived by agreement in writing between the applicable officer of the Corporation (NJT Rail) and the Engineer's Local or General Chairman. (2.) If discipline assessed is not appealed within the time limits set forth in this Rule or as extended, the decision shall be considered final, except as provided in paragraph (i). If the decision on the appeal is not rendered within the time limits set forth in this Rule or as extended, the discipline assessed shall be expunged. (p.) When notification in writing is required, personal delivery or proof of mailing within the specific time limit shall be considered proper notification.
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