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RULE
11 - ACCUMULATION OF SENIORITY (a.) Employee covered by this Agreement who have been or who are hereafter appointed to a position at NJT Rail or who are elected or appointed to full-time union positions 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 1, 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
12 - BULLETINS AND ASSIGNMENTS (a.) New assignments, readvertised assignments, extra board positions, and vacancies 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 Assistant Engineers of any assignment they are awarded (b.) Vacancies caused by sickness, temporary disability, suspension or leave of absence, when it is known that the employee will be off for a period of 30 or more days or when such employee 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 bulletin will show: the designated on and off duty point, days on which the assignment is scheduled to work, and assigned reporting time. NOTE: Unless otherwise agreed to by the Local Chairman and the Manager-Labor Relations, the reporting and the relieving point for any assignment will be the same point. (d.) An employee 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. He will be permitted to exercise his seniority to his former assignment if he is displaced from the position to which he bid. (e.) Regular assignments will be readvertised when any of the following permanent changes are made in such assignments: 1. changing the designated on and off duty point. 2. changing advertised starting time, one hour or more. 3. changing the assigned rest days. (f.) An employee 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 24 hours after the effective date and time of the change causing the readvertisement. An employee who elects to remain on the assignment must bid for it if he desires to remain after the advertisement is closed and the assignment has been made. If he does not bid for it, and he is not assigned to any other job as the result of that advertisement, he will immediately leave the assignment he has been holding, and will be allowed eight (8) hours in which to exercise his seniority and may select any job held by a junior man, except the job he has been occupying and on which he did not bid. (g.) An employee returning to duty after being absent less than 30 days by reason of sickness, temporary disability, suspension, leave of absence or vacation, 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 employee absent because of a reason listed in this paragraph (except vacation) for a period of 30 days or more, upon his return to duty, may exercise his seniority on any assignment. An employee returning to duty after being on vacation for a period of 30 days or more 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. (h.) Assignments will be made to employees 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. (i.) If a permanent vacancy develops for an Assistant Engineer for which no valid applications are received, the junior Assistant 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 man becomes available, at which time, upon request of the man assigned to the position, he will be released with displacement rights. (j.) An extra list may be established, from time to time, at either terminals or outlying points. Assistant Engineers assigned to such an extra board who are available for service during an entire weekly period and who do not lay off or miss a call will be guaranteed a money equivalent of 40 hours at the straight time rate. Assistant Engineers assigned to an extra board pursuant to this paragraph shall not be eligible for deadhead payment or any other reimbursement for travel. The provisions of the National Vacation Agreement shall be inapplicable to extra boards established pursuant to this paragraph. NOTE 1: August 3, 1983 Side Letter This will confirm our understanding that in the application of Rule 12, Paragraph (j.) of the Agreement between New Jersey Transit Rail and the United Transportation Union - E, the following provisions of the Vacation Agreement excepted below will apply: Calendar days on which an employee assigned to an extra list is available for service and on which days he performs no service, not exceeding sixty (60) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on which an employee is absent from and unable to perform service because of injury received on duty will be included. The 60 and 30 calendar days referred to in this Section 1. (g.) shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations provided for in Section 1. (a.), (b.), (c.), (d.) and (e.), respectively. Original signed by: R. R. Howland - Director Labor Relations for NJTRO G. H. Bunde - Vice President for UTU NOTE 2: February 27, 1989 Side Letter All Assistant Engineers except those who have been assigned under the provisions of Rule 12, Paragraph (i), may elect to make an optional displacement to an assignment held by a junior Assistant Engineer. The application for an optional displacement must be submitted in writing and in accordance with Rule 12 (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. Assistant 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 Assistant Engineer. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. ·
See
Example of Optional Displacement on page 18. RULE
13 - REDUCING AND INCREASING
FORCES (a.) In reducing forces, seniority will govern. Employees 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 Local Chairman. Employees whose positions are abolished must exercise their seniority rights to displace junior employees within 48 hours after the date of notification (If an employee is absent because of sickness, vacation, suspension or temporary disability, the 48 hours time limit shall be extended by the number of days the employee is absent.) of abolishment. Employees displaced must exercise their seniority in the same manner within 48 hours after the date displaced. Employees who are able to but fail to exercise their displacement rights within the prescribed time limit will forfeit all seniority and be considered as having resigned from the service. Employees not possessing sufficient seniority to displace any employees will be placed in furlough status. (b.) Employees 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 Local Chairman. (c.) When forces are increased, furloughed employees covered by this Agreement will be notified by certified mail sent to the last address given, and provide a copy to the Local Chairman, and will be required to return to service in seniority order. (d.) Furloughed employees who fail to return to service within 15 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. RULE
14 - ANNULMENT OF ASSIGNMENTS (a.) When it is known that the assignment of a regular assigned employee is to be annulled for one day or longer, the employee will be notified at least three (3) hours in advance of reporting time and if not so notified, will be paid eight (8) hours at the straight-time rate. When a regular assignment is annulled for more than one day, an employee holding the assignment may elect to remain on it 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 eight (8) 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. Employees who are affected by an emergency annulment and report for work without having been previously notified not to report, will receive two (2) hours pay at the applicable rate of their positions. If employees work any portion of the day, they will be paid eight (8) hours at the straight-time rate. 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. RULE
15 - REPORTING OFF DUTY WITH PERMISSION (a.) Extra employees must request permission to be absent from duty prior to the time they are called, and regularly assigned employees 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. A regularly assigned employee who has had permission to be absent from duty will be required to mark up for his regular assignment not less than four (4) hours in advance of his reporting time. (a.) Employees 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 (4) hours at the straight-time rate and, in the case of extra employees, will remain first out on the extra board; if held over four (4) hours and released without having performed service, they will be paid eight (8) hours at the straight-time rate and in the case of extra employees, will be placed at the bottom of the extra board. (b.) An employee 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.
RULE
17 - CALLED AHEAD OF TIME In case of emergency, employees may be required to report ahead of their assigned time and will be compensated on a continuous time basis from the time they report to duty. RULE
18 - NOT USED ON REGULAR ASSIGNMENT If an employee is taken from his regular assignment and used on any other Assistant Engineer assignment, he will be paid the amount of his regular assignment or the amount of the assignment to which he is moved, whichever is greater. Rest periods shall be regulated in accordance with the Federal Hours of Service Law. When an employee's actual earnings are short one day or more, adjustment will be made and the employee will be paid upon request. (a.) Regularly assigned employees will each have a fixed starting time which will not be changed without at least 48 hours advance notice. (b.) Where three (3) 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 (2) shifts are worked in continuous service, the time for an assignment on the first shift to begin work will be during any one of the periods named in paragraph "b". (d.) Where two (2) 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 assignment may be started at any time in order to meet the requirements of service. (h.) If an employee is started at a time other than provided for in paragraph "b" or "d" or "g", he will be paid from the last permissible starting time until released from duty.
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