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Employees 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, the employees 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. (a.) Employees shall be required to take and pass examinations connected with their duties. Such examinations may be written or oral and include promotion examinations, physical examinations, territorial qualification examinations, and service examinations (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 examinations so that 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, an employee required to attend a training class or examination shall be paid from the time engaged in such training or examination. If required to lose time, an employee 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 (8) hours. Exceptions: (i.) Examinations during the first year of employment. (ii.) Promotion examinations. (iii.) Physical examinations, including vision and hearing examinations. (d.) When it is obvious that an employee is medically (physically or mentally) impaired in a way that affects his service, NJT Rail may hold that employee out of service pending the outcome of a medical examination. Employees 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 employee'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 (3) as to the employee's fitness will be final. The expense of the third doctor will be shared equally by the parties. If it is determined that the employee's condition does not warrant being held out of service, such employee will be returned to service, and if it is determined that the employee was medically fit to perform service at the time he was held out of service, the employee will be paid for all time lost. (e.) An employee 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. (f.) Where an indoor test discloses a deficiency of vision, color perception or hearing, the employee 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 employee will be given the opportunity for a reexamination with corrective lenses. RULE
24 - QUALIFYING ON PHYSICAL CHARACTERISTICS (a.) When an Assistant Engineer exercises seniority to an 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. NOTE:
When an Assistant Engineer's seniority is insufficient to obtain position
over territory for which he is qualified the provisions of Rule 24 (b)
shall apply. (b.) When an Assistant Engineer with a seniority date prior to January 1, 1983 is force assigned to an 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.) Assistant Engineers engaged in qualifying pursuant to Paragraph "b" shall be compensated eight hours at the straight-time rate.
(d.) The maximum number of days an Assistant 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 Assistant 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 Assistant Engineer shall be required, without compensation, to pass an examination on the physical characteristics of the territory involved. Assistant Engineers who are not examined on the physical characteristics within 72 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 an extra list, they shall be paid eight hours at the straight-time basic rate of pay 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 Assistant Engineer fails to qualify. (g.) An Assistant Engineer shall not be permitted to mark up 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 Assistant Engineer to maintain his qualifications on the physical characteristics, and payment under this Rule shall not be allowed an Assistant Engineer whose qualification on the physical characteristics has lapsed, unless the Assistant Engineer was not afforded an opportunity to remain qualified. (i.) Assistant Engineers who are required to act as an Assistant Engineer - Instructor for others who are qualifying on equipment and train handling will receive a differential of 15 minutes at the base rate of pay in addition to other earnings for a tour of duty. Lockers, toilet and lavatory facilities will be provided and maintained at designated on and off duty points. Where practicable, suitable parking facilities will be provided at designated on-duty points.
RULE
26 - ATTENDING COURT OR INQUEST (a.) Regular employees 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 each day. Necessary expenses, including travel expenses, will be paid when away from home. (b.) An extra employee 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 each day 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 expenses, including travel expenses, will be paid when away from home. (c.) Employees attending court or inquest as a witness on behalf of NJT Rail or giving a deposition or stenographic statement in connection with other legal procedures at the direction of a proper officer of NJT Rail, when no time is lost, will be paid eight (8) hours at the straight-time rate each day at the rate of the last service. Necessary expenses, including travel expenses, will be paid when away from home and extra employees will hold their same relative standing on the crew board. (d.) No deadhead payment will be made to employees 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 employee's brother, sister, parent, child, spouse or spouse's parent, not in excess of three (3) calendar days following the date of death. In such cases, eight (8) hours pay at straight-time rate will be allowed for each work day lost during bereavement leave. Employees 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 by reference thereto incorporated herein. ·
See
Engineers' Agreement Rule 38, page 38, for Agreed Upon Interpretations of
Bereavement Leave. When employees are summoned for jury duty and are required to lose time from their assignments, they will be paid for actual time lost with a minimum of eight (8) hours pay 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: 1. An employee must furnish NJT Rail with a statement from the court of jury allowances paid and the days on which jury duty was performed. 2. 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.) 3. No jury duty pay will be allowed for any day the employee is entitled to vacation. Agreed to questions and answers to the National Agreements where applicable are by reference thereto incorporated herein. (a.) Employees will be allowed up to 30 days off duty upon receipt of permission from the proper official of NJT Rail. Employees 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 employee for the following reasons: 1. To accept an official position with NJT Rail. 2. To perform union committee work or to accept a full-time union position. 3. To accept an elective or appointive public office for which a competitive examination is not required. 4. To accept an appointive public office for which a competitive examination is required if such public office is related to railroad work. (c.) An employee granted a leave of absence in accordance with items "1" or "2" will be granted that leave of absence for the duration of the assignment. (d.) Upon request, an employee will be granted a written leave of absence to perform military service in accordance with current applicable reemployment statutes. (e.) A request for a leave of absence for reasons other than those outlined in paragraphs "b" and "d" will be considered only when the requirements of the service permit. If a request for a leave of absence is denied, the General Chairman will, upon request, be advised of the reason for denial. (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 paragraph "c" or "d" no leave of absence or extension thereof will exceed one (1) year. (h.) An employee who fails to report for duty at 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 employee whose seniority has been terminated may, through his General Chairman, appeal such termination to the highest appeals officer within 30 days of the notice of termination. (i.) An employee granted a leave of absence under items "1"or "2" of paragraph "b" 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 employee who absents himself without a written authorized leave of absence as provided in this Rule will have his seniority terminated. (k.) A leave of absence is not required when an employee is unable to perform service for NJT Rail due to a bona fide sickness or injury. (l.) An employee absent in accordance with paragraph "a" who engages in other employment will forfeit all of his seniority under this Agreement. RULE
30 - COMPULSORY RETIREMENT Retirement will be compulsory at the end of the month in which an employee reaches 70 years of age. NOTE: Provisions of this rule are no longer in effect as of January 1, 1989. A law was enacted making this rule null and void. RULE
31 - APPROVAL OF APPLICATION (a.) Applications of new employees will be approved or disapproved within 90 calendar days after applicants begin work. If applications are not disapproved within the 90-day period, the applications will be considered as having been approved. (b.) An employee who has been accepted for employment in accordance with paragraph (a) shall not be terminated or disciplined by the Corporation 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 employee would not have been hired if the Corporation had had timely knowledge of it.
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