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RULE
32 - TIME LIMIT ON CLAIMS (a.) A claim for compensation alleged to be due may be made by a claimant or, on his behalf, by a duly accredited representative. Not later than 60 days from the date of occurrence on which the claim is based, a claimant or his duly accredited representative must submit time claims in duplicate alleging the claim to the Officer of NJT Rail, designated to receive time claims. The representative of NJT Rail, who receives the time claims from the claimant or from his duly accredited representative must acknowledge receipt of the time claims 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 shall not be entertained or allowed, but improper handling of one claim shall not invalidate other claims of a like or similar nature. (b.) If a claimant is absent because of sickness, temporary disability, leave of absence, vacation, or suspension, the 60-day time limit shall be extended by the number of days the claimant is absent. (c.) To file a claim, the claimant or his duly accredited representative will be required to furnish sufficient information on the time claim to identify the basis of the claim, such as; 1. Name, occupation, employee number, division. 2. Train symbol or job number. 3. On and off duty time.
4. Date and time of day work was 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 violation, if known, and all related information for supporting claim. 9. Location on the property for receipt of response. (d.) When a claim for compensation alleged to be due is not allowed, or should payment be made for less than the full amount claimed, the claimant shall be informed of the decision and reasons for it, in writing, within sixty (60) days from the date that claim is received. When the claimant is not so notified, the claim shall be allowed, but such payment shall not validate any other such claim, nor shall such payment establish any precedent. (e.) A claim for compensation denied in accordance with the foregoing paragraph (d) shall be invalid unless within 60 days after the date of the initial denial of the claim, the claimant's Local Chairman appeals it in writing in the following form to the Labor Relations Officer designated to handle claims: 1. Subject: (Set forth nature of claim, dates, name of claimant)
2. Employee's Statement of Facts: (Set forth in the same format as detailed in paragraph (c) of this Rule). 3. Position of Employee: NOTE:
Claims of a continuing nature will be considered properly appealed when
listed and identified with the initial claim by the Local Chairman with
the designated Labor Relations Officer. (f.) The Labor Relations Officer will arrange to meet on a regular basis with Local Chairman who request to discuss appeals which have been received by the Labor Relations Officer at least ten (10) days in advance of a meeting. In the written appeal, the Local Chairman should either request to discuss the appeal at the regular meeting with the Labor Relations Officer or waive the discussion and request a written response. The Labor Relations Officer shall render a decision in writing to the Local Chairman within ninety (90) days of the date the Labor Relations Officer receives the appeal requesting the written decision or within sixty (60) days of the date the appeal was discussed at a meeting. If the claim is denied, the decision shall 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 Local Chairman is not notified within the time limit, the claim shall be allowed but such payment shall not validate any other such claim nor shall such payment establish any precedent. Appeals received less than ten (10) days in advance of a meeting will be scheduled for discussion at the next meeting. (g.) A claim for compensation denied in accordance with the foregoing paragraph (f.) shall be invalid unless within ninety (90) days of the date of the denial by the Labor Relations Officer, the General Chairman appeals it in writing to the highest Officer of NJT Rail designated to handle claims. The highest Officer of NJT Rail designated to handle claims will meet with the General Chairman on a regular basis in order to discuss appeals received at least ten (10) days in advance of a meeting. Neither party will be limited by the positions taken during prior handling. The highest officer of NJT Rail designated to handle claims shall render a decision within ninety (90) days after discussing the claim at a meeting. When the General Chairman is not so notified, claim shall be allowed but such payment shall not validate any other such claim or establish any precedent. Appeals received less than 10 days in advance of a meeting will be scheduled for the next meeting. (h.) The decision of the highest Officer of NJT Rail designated to handle claims shall be final and binding unless within ninety (90) days from the date of NJT Rail's decision, the claims are disposed of on the property or submitted to the Special Board of Adjustment pursuant to Rule 34 or other such tribunal as may be legally substituted for it under the Railway Labor Act. (i.) The time limit provisions in this Agreement may be extended at any level of handling in any particular case by mutual consent of the duly authorized Officer of NJT Rail and the representative of the Union. (j.) Unless otherwise provided, time limits set forth herein do not apply on discipline cases. (a.) Except as provided in paragraph (c), no employee will have a reprimand noted on their discipline records nor be suspended or dismissed from the service until a fair and impartial formal investigation has been conducted by a designated NJT Rail official. NOTE: October 5, 1987 Side Letter 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.) Except when a serious act or occurrence is involved, an employee will not be held out of service in disciplinary matters before a formal investigation is conducted. A serious act or occurrence is defined as: 1. dishonesty, including falsification of reports or other documents; 2. extreme negligence; 3. use or possession of alcoholic beverages, intoxicants, narcotics; or 4. disorderly or immoral conduct, or any offense bringing discredit upon NJT Rail. (2.) If an employee is held out of service before a formal investigation 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 of the formal investigation, whether or not he is disciplined. Holding any employee out of service before a formal investigation or paying him for being out of service for less than a serious act or occurrence is not prejudging him. (c.) Formal investigations, except those involving a serious act or occurrence, may be dispensed with should the employee involved and 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 employee directed to attend a formal investigation to determine his responsibility, if any, in connection with an act or occurrence will be notified in writing within fourteen (14) days from the date of the act or occurrence or in cases involving dishonesty, criminal or moral offenses, or letters of complaint within fourteen (14) days from the date the Superintendent becomes aware of such act or occurrence and is reasonably obligated to act. The notice will contain: (A.) The time, date and location where the formal investigation 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 investigation. (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 employee is the basis For requiring him to attend the formal investigation, the employee will be furnished a copy of the written complaint together with the written notice for him to attend the investigation. (e.) (1.) The investigation on any matter must be scheduled to begin within ten (10) days from the date the notice of the investigation is mailed to the employee. (2.) An employee who may be subject to discipline will have the right to have present desired witnesses who have knowledge of the act or occurrence, to present testimony and NJT Rail will order employee witnesses to be in attendance. (3.) The time limit is subject to the availability of the principal(s) involved and witness(es) to attend the formal investigation and may, by written notice to the employee involved, be extended by the equivalent amount of time the principal(s) involved or necessary witnesses are off duty due to sickness, temporary disability, discipline, leave of absence or vacation. When an employee is being held out of service for a serious act or occurrence pending the investigation and other principal(s) or witness(es) are not available for the reasons cited, he may request commencement of the investigation. If either the employee or NJT Rail officer 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 employee 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 a formal investigation is not scheduled to begin within the time limit as set forth in this rule, no discipline will be assessed against the employee. (5.) An employee who may be subject to discipline and his representative will have the right to be present during the entire investigation. Witnesses appearing at the request of NJT Rail at a formal investigation will be called upon prior to the employee subject to discipline and those witnesses testifying in his behalf. Witnesses may be examined separately but those whose testimony conflicts will be brought together. (f.) When an employee is assessed discipline, a true copy of the investigation record will be given to the employee and to his duly accredited representative. (g.) If discipline is to be imposed following a formal investigation, the employee to be disciplined will be given a written notice of the decision within 15 days of the date the formal investigation is completed. The written notice will be issued 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 upon receipt of the notice of discipline. (h.)(1.) When an employee or his duly accredited representative considers the discipline imposed unjust and has appealed the case in writing to the Labor Relations officer having jurisdiction within 15 days of the date the employee is notified of the discipline, the employee will be given an appeal hearing. (2.) The hearing on an appeal, if requested, will be granted within 15 days of the Labor Relations officer's receipt of the request formal appeal hearing. (3.) Except when discipline assessed is dismissal, or when an employee has been held out of service under paragraph (b) and assessed discipline, this appeal will act as a stay in imposing the discipline until after the employee has been given an appeal hearing. (4.) At appeal hearings, an employee may, if he desires to be represented at such hearings, be accompanied by his duly accredited representative. (5.) The Labor Relations Officer having jurisdiction will advise the employee of the decision, in writing within 15 days of the conclusion of the appeal hearing, with a copy to the Local Chairman. If the decision is to the effect that the 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 day following the day the employee is notified of the decision. (i.) (1.) If the discipline is suspension, the period of suspension shall be deferred if, within the succeeding 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, provided that in the case of a major offense such deferral of the suspension shall not occur unless granted at the sole discretion of the designated NJT Rail official. Suspension
Period of Probation Five (5) days Three (3)months Ten (10) days Six (6) months 15 days and less than 30 days Nine (9) months 30 or more days One (1) year (2.) If, within such succeeding probation period, the employee commits one (1) or more offenses for which discipline is subsequently imposed, the initial suspension shall be served and suspensions resulting from offenses committed during the probationary period shall not be deferred. (3.) If the discipline is suspension, the time the employee is held out of service shall be: (a.) Considered part of the period of suspension for the offense if the suspension is served. (b.) Considered time lost without compensation if the suspension is not served. (j.) Further appeal will be subject to the procedural provisions of paragraphs (g.), (h.) and (i.) of the Time Limits rule. (k.) The decision of the highest appeals officer of NJT Rail will be final and binding unless within 90 days after the date of the written decision, proceedings are instituted before the Special Adjustment Board established pursuant to Rule 34 or such other tribunal or board as may be legally substituted for it under the Railway Labor Act. (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 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 will be considered final, except as provided in paragraph (k.). If the decision on the appeal is not rendered within the time limits set forth in this rule or as extended, the discipline assessed will be expunged. (m.) When notification in writing is required, personal delivery or proof of mailing within the specific time limit will be considered proper notification. (n.) Expedited Procedure for Handling Dismissal Cases (1.) When an Assistant 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 rule. 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 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 (k). If the decision on the appeal is not rendered within the time limits set forth in this rule or as extended, the discipline assessed will be expunged. (p.) When notification in writing is required, personal delivery or proof of mailing within the specific time limit will be considered proper notification. RULE
34 - SPECIAL ADJUSTMENT BOARD (a.) There shall be a Special Adjustment Board, established pursuant to Section 3, second, of the Railway Labor Act, which shall be known as public Law Board No. (the "Board"): (b.) The Board shall have jurisdiction over the following matters: (i.) All disciplinary disputes appealed from the Director of Labor Relations level of the discipline procedures established under Rule 32 and; (ii.) All disputes appealed from the Director-Labor Relations of the Time Limit on Claims, Rule 31 and; (iii.) All disputes involving interpretation and application of this Agreement. Determination of arbitrability (in the event of a disagreement) shall be made by a tribunal composed of a procedural neutral selected in accordance with the Rules of the National Mediation Board. (c.) The board shall consist of three members. One member shall be a representative of the Union. The second member shall be selected by NJT Rail. A third member, who shall be the chairman of the Board, shall be a neutral person and shall be selected as provided in this Rule. Party members of the Board may be changed from time to time, or at any time, by the respective parties appointing them. (d.) The NJT Rail member and the Union member shall confer thirty (30) working days prior to the commencement of a Board and thereafter as a vacancy occurs for the purpose of selecting a neutral member. Each party shall submit a list of five names. The other party may reject three of the names. The remaining four names will be the subject for discussion as to the appointment of a neutral member. (e.) If no name is mutually acceptable, the parties shall within fifteen (15) working days prior to the establishment of the Board and from time to time thereafter in connection with any vacancy request the National Mediation Board to appoint the neutral member. (f.) The person appointed Impartial Arbitrator shall be subject to replacement by mutual consent of the parties, and after the Impartial Arbitrator has served for one year by unilateral determination of either NJT Rail or the Brotherhood of Locomotive Engineers every year. If the office of Impartial Arbitrator should become vacant, the parties will designate a new Arbitrator as soon as practicable. (g.) The compensation and expenses of the Union member and the NJT Rail member shall be paid by the Union and NJT Rail respectively. The compensation and expenses of the neutral member and all other expenses shall be paid by the National Mediation Board. (h.) The Board shall meet as required but not more than once a month and shall hear such matters within its jurisdiction as have been filed not less than 30 days prior to the meeting. Such meetings shall be convened in Newark, New Jersey, except as otherwise agreed by the members of the Board. (i.) At Board hearings the parties may be heard in person or by other authorized representatives. The Board shall rule on the facts stated in the authorized record. The Board shall have the authority to request the production of additional evidence by either party. The Board shall not conduct a trial de novo where hearings have already been held at a prior level in the discipline or discipline procedure. (j.) The Board shall not have the authority to add to, subtract from, or modify any of the provisions of this Agreement, and all decisions shall be confined to the interpretation and application of this Agreement. The Board shall render a decision solely on the dispute submitted to it. Such decisions shall be in writing and furnished to the parties. The decision shall be final and binding on both parties. (k.) The Board must make findings of fact and render an award on each case submitted to it, within thirty (30) days after the close of the hearing. When there is more than one case submitted to the Board, this time limit will be extended by 5 additional days for each additional case. No case may be withdrawn after the hearing on that case has begun, except by consent of both parties. Such findings and award shall be in writing, and copies shall be furnished to each of the parties to the dispute. Such awards shall be final and binding upon the parties and if in favor of the petitioner shall direct the other party to comply therewith on or before the day named. Each member of the Board shall have one vote and any two members of the Board shall be competent to render an award and to make any decision which the Board is empowered to make by statute of by this Rule. (l.) In case a dispute arises involving an interpretation or application of an Award made pursuant to this Rule while the Board is in existence or upon recall within thirty (30) days thereafter, the Board upon request of either party, shall interpret such Award in the light of the dispute. Conferences between officers of NJT Rail and duly accredited representatives will be held without cost to NJT Rail. Unless otherwise agreed, when duly accredited representatives are requested to report for a conference by NJT Rail, they will be compensated for the time engaged in the conference, with a minimum of four (4) hours. (a.) Subject to the terms and conditions below, all Assistant Engineers shall, 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 Assistant Engineers to membership. Nothing herein shall prevent any employee from changing union membership from one organization to another organization admitting Assistant Engineers to membership. (b.) Employees shall join any one of the labor organizations, national in scope, organized in accordance with the Railway Labor Act, within 60 calendar days of the date on which they complete 30 days of compensated service as Assistant Engineers within 12 consecutive calendar months, and shall retain such membership during the time they are employed as such, except as otherwise provided herein. (c.) When employees are regularly assigned to official or subordinate official positions or are transferred to regular assignments in another craft they shall not be compelled to maintain membership as provided herein but may do so at their own option. (d.) Nothing herein shall require an Assistant 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 shall keep account of employees and shall independently ascertain whether they comply with union membership requirements. (f.) The General Chairman of the Brotherhood of Locomotive Engineers shall notify the appropriate Labor Relations Officer in writing of any employee whose employment he requests be terminated because of his failure to comply with union membership requirements. Upon receipt of such notice and request, NJT Rail shall, as promptly as possible but within ten (10) calendar days of such receipt, notify the employee 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 shall be given to the General Chairman. Any employee so notified who disputes the charge that he has failed to comply with union membership requirements shall, within ten (10) calendar days from the date of such notice, request NJT Rail in writing to accord him a formal hearing. Such a request shall be honored by NJT Rail and a date set for the formal hearing as soon as possible, but within ten (10) calendar days of the date of the receipt of the request. A copy of the notice of such formal hearing shall be given to the General Chairman. The receipt by NJT Rail of a request for a hearing shall stay action on the request by the General Chairman for termination of the employee's employment until the formal hearing is held and the final decision is rendered. If the employee concerned fails to request a formal hearing as provided for herein, NJT Rail shall proceed to terminate his employment at the end of thirty (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 shall determine on the basis of evidence produced at the formal hearing whether or not the employee has complied with the union membership requirements, and shall render a decision accordingly. Such a decision shall be rendered within ten (10) calendar days of the hearing date and the employee and the General Chairman shall be promptly notified. A transcript of the hearing shall be furnished to the General Chairman. If the decision is that the employee has not complied with union membership requirements, his employment as a Assistant Engineer shall be terminated within ten (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 employee or to the Union, it may be appealed in writing directly to the highest officer of NJT Rail designated to handle appeals. Such appeal must be received within ten (10) calendar days of the date of decision appealed from, and the decision on such an appeal shall 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 shall 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 (6) months of the date of such decision. A representative of the Brotherhood of Locomotive Engineers shall have the right to be present at and participate in any hearing which involves the Brotherhood of Locomotive Engineers. (h.) The discipline rule shall not apply to union membership requirement cases. (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. (a.) Subject to the conditions herein set forth, NJT Rail will withhold and deduct from wages due employees represented by the Brotherhood of Locomotive Engineers amounts equal to periodic dues, initiation fees, 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 employee who has executed and furnished to NJT Rail a written assignment, in the manner and form herein provided, of such periodic dues, initiation fees, 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 Local Chairman on 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 designated NJT Rail Official, separately for each 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 employees 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 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 Financial Secretary of the Division, a list setting forth any scheduled deductions which were not made. (e.) No deduction will be made from the wages of any employee 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: (1.) Federal, State, and Municipal Taxes. (2.) Supplemental Pension. (3.) Other deductions required by Law, such as garnishments and attachments. (4.) Amounts due NJT Rail. (5.) Contributions to Voluntary Relief Department. (f.) Responsibility to NJT Rail will be limited to remitting to the Brotherhood of Locomotive Engineers amounts actually deducted from the wages of employees 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 employee 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 employee concerned. (g.) An employee 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 employee does not so revoke the assignment it will be considered as re-executed and may not be revoked for an additional period of one (1) year, and the re-executed assignment will similarly continue in full force and effect and be considered as re-executed from year to year unless and until the employee 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, and 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 employees, 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 employee, and no provision herein or any other provision of the assignment between NJT Rail and the Brotherhood of Locomotive Engineers will be used as a basis for a grievance or time claim by or on behalf of any employee predicated upon any alleged violation of, or misapplication or non-compliance 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.
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