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RULE
1 - SCOPE AND DEFINITIONS (a.) This Agreement will apply to the work of Assistant Engineers performed by the employees specified herein and governs the rate of pay, hours of service and working conditions of all employees engaged in the performance of Assistant Engineers' work as defined in Rule 2.
(b.)
The Brotherhood of Locomotive Engineers, the certified bargaining
representative for the craft of Locomotive Engineers, Assistant Engineers
and Locomotive Engineer Trainees, shall have the exclusive right to
represent all Locomotive Engineers and Assistant Engineer in Company
‑ level grievance, claim and disciplinary proceedings. NOTE:
Attachment 1 to paragraph (b.)
201 Avenue"I"
Matamoras,
PA 18336 August
12, 1 996 Mr. William B. Murphy Assistant General Manager Labor Relations and Administration NJ TRANSIT One Penn Plaza East Newark, NJ 07105‑2246 Dear Mr. Murphy: Re: Exclusive Representation The following reflects the intent of the
implementation of the Memorandum of Understanding, Rule 1, 2‑ Scope
and Definitions, Sections I, II and III. United Transportation Union‑E (UTU‑E)
members, who by themselves or through a UTU‑E representative, who
are desirous of having their claims or grievances, processed in accordance
with Rule(s) 45, 46 and 47 of the Brotherhood of Locomotive Engineers' (BLE's)
Collective Bargaining Agreement, will document each claim or grievance and
submit it in writing to any of the Local Chairmen of the BLE as listed in
the Agreement. Very truly yours, (original signed by:) D. T. Abbott General Chairman I CONCUR: (original signed by:) William B. Murphy (c.) The words "employee" or "employees" as used in this Agreement refer to Assistant Engineers. (d.) Duly accredited "representative" means a member of the Local Committee of Adjustment of the Brotherhood of Locomotive Engineers having jurisdiction or a member of the Brotherhood of Locomotive Engineers designated by the General Chairman. (e.) "Local Chairman" means the Chairman of a regularly constituted Local Committee of Adjustment of the Brotherhood of Locomotive Engineers Union having jurisdiction. (f.) "General Chairman" means the Chairman of the regularly constituted General Committee of Adjustment of the Brotherhood of Locomotive Engineers Union signatory hereto. (g.) "Designated NJT Rail Official" means an official of NJT Rail designated by the Vice President and General Manager of NJT Rail. RULE
2 - WORK OF ASSISTANT ENGINEERS (a.) The work of moving locomotives in and about engine houses, shops, storage or station tracks, and yards as of December 31, 1982, is the work of Assistant Engineers. NOTE:
The foregoing is not intended to modify nor affect any practice existing
prior to January 1, 1983, of yard crews moving locomotives, coupled or
uncoupled, and of shop forces making such movement of locomotives as is
necessary in connection with the shop work being performed. (b.) Assistant Engineers may be required to perform, in addition to the work set forth in paragraph "a", such duties as: cleaning and drying sand; taking water, fuel and sand; watching engines and derricks; and the refueling of locomotives and self-propelled cars. (c.) Where the work of an Assistant Engineer assignment is not sufficient to produce a day's work, the Local Chairman having jurisdiction and the designated NJT Rail official may by mutual agreement extend the work or duties of such Assistant Engineer.
(d.) Where the work of the last Assistant Engineer assignment at a location or the last Assistant Engineer assignment on a shift where Assistant Engineer work is still to be performed is not sufficient to produce a day's work, the assignment may be discontinued if a joint study indicated there is an average of less than four (4) hours of work within a spread of eight (8) hours for five (5) consecutive days. (e.) When NJT Rail proposes to discontinue an Assistant Engineer assignment as provided in paragraph "d" it shall give ten (10) days advance written notice of the proposed discontinuance to the Local Chairman, and advise him of the name of the officer of NJT Rail who is designated to make the study and the date when the study will begin. The Local Chairman or his designated representative shall have the right to participate in the study. (f.) 1. Assistant Engineers working Engineers' Assignments will receive the Engineer's Rate of Pay. 2. Engineers working Assistant Engineers' Assignments on a non-regular basis will receive the Engineer's Rate of Pay. 3. Engineers who by exercise of their seniority as outlined in item (6) of the January 27, 1989 Agreement will receive the Assistant Engineer's Rate of Pay. ·
See
Appendix 22 - Establishment of Assistant Engineer Position, page 137. (a.) 1. Effective July 1,
1992, a three (3%) percent lump sum payment based upon an employee's
actual yearly gross earnings July 1, 1992, through June 30, 1993. Effective July 1, 1992 all current wage rates shall be increased by five percent (1%) Effective July 1, 1993 all current wage rates shall be increased by five percent (2%) Effective July 1, 1994 all current wage rates shall be increased by five percent (2%) Effective July 1, 1995 all current wage rates shall be increased by five percent (4%) 2.
ASSISTANT ENGINEERS Effective
July 1, 1992 $15.07
per hour
Effective July 1, 1993
$15.37 per hour
Effective July 1, 1994
$15.68 per hour Effective July 1, 1995 $16.31 per hour * The wages payable due to the three (3%) percent lump sum effective July 1, 1992, through June 30, 1993, the $5.00 Certification Allowance effective July 1, 1994 through June 30, 1996, and the wage increases effective July 1, 1992 through July 1, 1995, will be paid in a lump sum on_____, 1996.
3. Employee entering employment with NJT Rail as an Assistant Engineer will be paid pursuant to the following wage progression:
Months of Service
Percent of Hourly
at NJT Rail
Rate of Pay 0-12 80 12-18 85 18-24 90 24-30 95 over 30 100
4. The provision of paragraph (a.) 3 shall have no application To Conrail employees transferred under Section II or VII of the Implementing Award of October 14, 1982. NOTE: October 18, 1989 Side Letter The following reflects the intent of the parties with respect to the rate of pay for employees hired and being trained as Assistant Engineers, and their eligibility to enter the LETP. Those employees training to fill an Assistant Engineer's position will be paid 80% of the applicable Assistant Engineer rate during training. Once they successfully complete the training program and begin working an authorized Assistant Engineer's position, their rate will be adjusted to 90% of the applicable Assistant Engineer's rate. Once the employee begins receiving the 90% rate of pay and remains as an Assistant Engineer, subsequent increases will be governed by Rule 3 - Basis of Pay - as outlined in the Assistant Engineer's Agreement. If at any future time these employees opt to pursue an Engineer's position, all rules of the LETP will apply. If an Assistant Engineer fails to satisfy the requirements of the LETP, they may exercise their seniority to an Assistant Engineer's position. Original signed by: D. T. Abbott - General Chairman for BLE W. B. Murphy - Director of Labor Relations for NJTRO (b.) Assistant Engineers who are qualified to perform additional tasks such as moving engines between Meadows Maintenance Complex and Hoboken, coupling electric equipment, pull equipment at Meadows Maintenance Complex, and other mutually agreed duties, shall receive the following rate of pay: QUALIFIED ASSISTANT ENGINEERS Effective
July 1, 1992 $15.94
per hour
Effective July 1, 1993
$16.26 per hour
Effective July 1, 1994
$16.59 per hour
Effective July 1, 1995
$17.25 per hour (c.) An employee will be paid for each tour of duty at the straight-time rate for the first eight (8) hours between the time they are required to report for duty until the time they are released on completion of service, and at the time and one-half rate for all time in excess of eight (8) hours. Overtime shall be paid for service on the sixth or seventh day of service in any work week provided the employee has performed service or has been compensated for five (5) days during such work week. (d.) The term "work week" for regularly assigned employees means a week beginning on the first day on which an assignment is bulletined to work and continuing for seven consecutive days (with two consecutive days off). The term "work week" for employees assigned to an extra board means a period of seven consecutive days beginning on Monday. (a.) A full-time employee who is eligible for vacation because of continuous years of service for NJT Rail (including, for an employee transferred from the Consolidated Rail Corporation, any years of compensated service worked for Conrail, as calculated pursuant to the Implementing Award to which NJT Rail and the Union are parties), shall be entitled to vacation leave as provided in the National Vacation Agreement of April 29, 1949, as amended and in effect December 31, 1982. The parties shall modify the provisions of the National Agreement to the extent that employees will be paid 1/52 of the previous year's earnings or the rate of the last assignment worked, not to exceed five days pay, whichever is greater. (b.) NJT Rail will recognize vacation time earned in service to the Consolidated Rail Corporation or predecessor railroads by any employee transferred to NJT Rail under the Implementing Award to which NJT Rail and the Union are parties. Vacations earned under two or more agreements or under service performed with Conrail shall not be combined so as to create a vacation of more than the maximum number of days provided for in any of the individual agreements. Vacations earned in 1982 by an employee transferred to NJT Rail under the Implementing Award will be provided in accordance with the Implementing Award. (c.) During a transition year, Assistant Engineer's service anniversary date for computing vacation entitlement will be January 1 of that year, provided the Assistant Engineer's transition anniversary date falls on any day during that year. (d.) Assistant Engineers, who are otherwise eligible for vacation, to commence vacation in one calendar year and remain on vacation into the subsequent calendar year. (a.) With respect to hospital, surgical and medical benefits, and life and accidental death and dismemberment insurance benefits for active employees covered by this Agreement, NJT Rail shall provide under a NJT Rail sponsored plan substantively comparable benefits to those provided active employees of Conrail effective December 31, 1982 under the Health and Welfare Plan of the National Railroad and Railway Labor Organizations Traveler's Group Policy GA 23000. (See Appendix 1 - Medical Benefits Summary, page 59) NOTE: March 13, 1989 Side Letter Pursuant to the terms of the Agreement between New Jersey Transit Rail Operations and The Brotherhood of Locomotive Engineers which was ratified February 27, 1989, it is our understanding that the Health and Welfare proposal to be implemented is the plan adopted by the fourteen (14) other unions. Therefore, with respect to hospital, surgical, and medical benefits for active employees covered by this agreement, effective, July 1, 1989, Rule 5 will be modified to reflect the following Health and Welfare Program and Cost Containment measures. (a.) All Hospital Room and Board if pre-certified will be paid at 100%. Those days not pre-certified will be paid at 50%. (b.) There will be Continued Stay Review on all hospital confinements. (c.) Case Management Review will be performed on all long-term hospital stays. (d.) Out-patient surgery will be paid at 100%. (e.) There will be mandatory Second Surgical Opinion. If surgery is not authorized, benefits will be paid at 50%.
(f.) Hospital charges for non-emergency weekend admissions will not be paid. (g.) Alcohol and Substance Abuse charges will be paid as presently covered under the National Plan (GA23000). (h.) The following procedures: - Hospital charges - Emergency accidents - Doctor's visit - X-ray and lab - In-patient surgery and the procedures set forth in Exhibit " A", (This schedule lists only a few procedures. A more complete surgical schedule is shown in the policy) shall be paid at 80% after the deductible under the major medical portion of the plan. (i.) Annual deductibles will be $100/individual, $300/family. (j.) Annual out-of-pocket cost will be $1,000/individual and $3,000/family. (k.) Health Maintenance Organizations (HMO's) will be offered to employees, with the company paying the cost of the indemnified plan and the employee paying the balance through payroll deductions. (l.) Prescription drug card to be provided to each employee with $4.50 co-pay. Co-pay $2.50 for mail order prescriptions. Original signed by: D. T. Abbott - General Chairman NJT for BLE J. S. Baker - Director of Labor Relations for NJTRO. (b.) With respect to dental benefits for active employees covered by this Agreement, NJT Rail shall provide under a NJT Rail sponsored plan substantively comparable benefits to those provided active employees of Conrail effective December 31, 1982 under the Railroad Employees National Dental Plan, Aetna Policy GP 12000. (See Appendix 2 - Dental Benefits, page 65) (c.) With respect to hospital, surgical, and medical benefits for NJT Rail employees who retire from active service, NJT Rail will provide under a NJT Rail sponsored plan substantively comparable benefits provided retired employees of Conrail effective December 31, 1982 under the National Railroad and Railway Labor Organizations Travelers Group Policy GA 46000. (See Appendix 3 - Summary of Retirement Medical Plan Options, page 66) (d.) There shall be no lapse of benefits under this Rule as a result of transfer of employees to NJT Rail on January 1, 1983 or as a result of any transfer from Conrail or Amtrak pursuant to the terms of any transfer arrangement between NJT Rail, Conrail, Amtrak and the Union. NOTE:
See Engineers Appendix 3a page 61 RULE
6 - OFF-TRACK VEHICLE INSURANCE Under a NJT Rail sponsored plan, NJT Rail shall provide off-track vehicle insurance coverage for positions presently covered by such benefits at Conrail. The benefits provided under this Rule will be substantively comparable to the benefits applicable to the positions at Conrail effective December 31, 1982. (See Appendix 4 - Injury Benefits - Off-Track Vehicles, page 68.) RULE
7 - ASSISTANT ENGINEER SICKNESS - LEAVES Employees shall be allowed three (3) sick leave days each year. Compensation for such sick leave days shall be eight (8) hours pay at the straight-time rate. An employee shall not falsely claim sick time. 1.
Approved Leave Status In recognition of the
substantial increases and modernization of the contractual leave
provisions, employees shall maintain an approved leave status at all
times. Employees must be on approved leave status at all times. Employees
must be on approved leave status such as sick, vacation, personal, union,
or authorized leave of absence. Any absence not authorized will be
designated unauthorized absence. (UAB) 2.
Sick Leave Plan The current sick leave plan is amended in the
following fashion: (1.)
Commencing January 1, 1996, each employee will be provided an annual allowance of five (5) sick days. Sick days
may be accumulated and carried over from year to years Sick banks are not
subject to any maximum accumulation or cap. (2.)
Employees shall be able to utilize any and all sick days in their bank for personal illness or injury or to
care for any sick or injured family members provided that the employee is
primarily responsible for the care of such family member.
(3.) There is no waiting period or exclusionary period prior to
payment. Sick leave shall be paid at ninety (90%) percent of the daily
rate.
3.
Sick Leave Reimbursement Plan Any employee who leaves New
Jersey Transit service for any reason, other than termination for cause,
with a minimum of ten years of continuous service at the time of
separation shall be entitled to a cash severance payment of fifty (50%)
percent of the daily rate of pay of half of all accumulated but unused
sick days, provided that the number of accumulated but unused sick days is
at least fifty (50%) percent of the total number eligible.
4.
Sick Leave Verification (1.)
Payment in cases of bona fide sickness or disability will be made in accordance with New Jersey Transit payroll
procedures. In cases of doubt, the employee may be required to prove to New
Jersey Transit satisfaction, preferably in the form of doctor's certificate,
that the sickness or injury is bona fide.
(2.)
Every application for sick leave for a period over three (3) days, whether
with or without pay, must be accompanied by Medical proof satisfactory to
New Jersey Transit and upon a form to be furnished by New Jersey Transit
setting forth the nature of the employee's illness and certifying that by
reason of such illness the employee was unable to perform his duties for
the period of absence. (3.)
Across the board doctor's notes will not be permitted. (a.) Effective January 1, 1983, each regularly assigned employee who meets the qualifications set forth in paragraph "c" hereof will receive eight (8) hours pay at straight-time rate for each of the following enumerated holidays: New
Year's Day
Washington's Birthday
Good Friday
Memorial Day
Fourth of July
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day Martin Luther King's Birthday NOTE
1: Martin Luther King's
Birthday was added by the contract effective February 27, 1989. Only one eight (8) hour payment will be paid for the holiday, respective of the number of trips or tours of duty worked. NOTE 2: The date observed by the State of New Jersey will be considered the holiday. (b.) Any regularly assigned employee who works on any of the holidays listed in paragraph "a" will be paid at the rate of time and one-half for all services performed on the holiday. Not more than one time and one-half payment will be allowed, in addition to the one eight (8) hour holiday payment, for service performed during a single trip or tour of duty on a holiday which is also a workday or a vacation day. (c.) To qualify, a regularly assigned employee must be available for or perform service as a regularly assigned employee on the workdays immediately preceding and following such holiday and if his assignment works on the holiday, he must fulfill such assignment. However, a regularly assigned employee whose assignment is annulled, cancelled or abolished, or a regularly assigned employee who is displaced from a regular assignment as a result thereof on (1) the workday immediately preceding the holiday, (2) the holiday, or (3) on the workday immediately following the holiday will not thereby be disqualified for holiday pay, provided he does not lay off on any of such days and makes himself available for service on each of such days, excepting the holiday in the event the assignment does not work on the holiday. If the holiday falls on the last day of his workweek, the first workday following his "days of" will be considered the workday immediately following. If the holiday falls on the first workday of his work week the last workday of the preceding work week will be considered the workday immediately preceding the holiday. When one or more designated holidays fall during the vacation period of an employee, the qualifying days for holiday pay purposes will be his workdays immediately preceding and following the vacation period. NOTE:
A regularly assigned employee who qualifies for holiday pay under
paragraph "c" will not be deprived thereof by reason of changing
from one regular assignment to another regular assignment on the workday
immediately preceding or following the holiday or on the holiday. (d.) Nothing in this Rule will be considered to create a guarantee or to restrict the right of NJT Rail to annul assignments on the specified holidays. (e.) The terms "workday" and "holiday" refer to the day to which service payments are credited. (f.) Employees covered by this Rule will receive a "choice holiday" as a twelfth holiday, in lieu of a workday, subject to the qualifying requirements of this Rule, except that they will not be required to work or to be available for work on a "choice holiday" to qualify for holiday pay for such "choice holiday" if they so elected. Such "choice holiday" will be selected by the employee and date of hire will govern preference to the employee who may make a request no earlier than four (4) days before the first day of the month in which the day is requested, but no later than four (4) days before the date requested. Employees' requests will be made on the prescribed form, showing the date the request was submitted and the date of the request. Employees will submit request forms to the designated NJT Supervisor, who will verify the request was submitted and give a copy of the request to the employee. NJT Rail will grant at least one (1) employee which is to be construed as any combination of Engineers or Assistant Engineers which equal one (1) on any given day on each Division such "choice holiday". NJT Rail will notify the employee(s) whose request(s) were granted no later than 48 hours in advance of the date requested. Effective July 1 1996, the choice holidays schedule
shall be amended as follows: A. An employee with less than
ten (10) years of continuous service shall be entitled to one (1)
additional day.
B. An employee with ten (10) but less than twenty (20) years of
continuous service shall be entitled to two (2) additional days.
C. An employee with twenty (20) but less than thirty (30) years of
continuous service shall be entitled to three (3) additional days.
D. An employee with thirty (30) or more years of continuous service
shall be entitled to four (4) additional days.
E. An employee having reached
an anniversary date during a particular calendar year will be considered
as having reached such anniversary date as of January 1st of that year.
F. Choice holidays may not be accumulated and if not used will be
reimbursed at the end of each calendar year.
G. Years of service shall be calculated the same as vacation entitlement. NJT Rail shall provide each employee with a pass entitling the employee to unlimited rides on all commuter lines in the NJT Rail system. The pass shall be issued annually and shall be valid only during the year in which issued. The pass will not be transferable. (a.) The NJT Rail area of operations will constitute a single seniority district. Seniority on NJT Rail for employees transferred from Conrail pursuant to the Implementing Award to which NJT Rail and the Union are parties shall be in accordance with the Implementing Award. (b.) Employees who enter service in a classification covered by these work rules will establish seniority as of the time and date they first report to work. Furloughed Conrail employees who transfer to NJT Rail will establish seniority at NJT Rail in accordance with the Implementing Award. The ranking of employees covered by this paragraph will follow the ranking of all employees covered by Paragraph "a". (c.) A roster showing seniority dates, promotion dates, and seniority standing will be posted in a conspicuous place at all terminals for the information of employees, with copies to the General Chairman. (d.) The roster will be revised and posted by March 1 of each year (except that in 1983, the roster will be posted no later than 30 days after the effective date of this agreement) and will be open for protest by the employee or his duly accredited representative for a period of 45 calendar days from date of posting. Protests on seniority dates will be confined to names added or changes made since posting the previous rosters. Upon an employee's presentation of proof of error, such error will be corrected. Employees who are off on leave of absence, vacation, sickness, disability or suspension at the time the rosters are posted will be given 45 calendar days from the date of their return to duty in which to protest. If no protest is made during this time, their seniority dates will be deemed correct. ·
See
Engineers Seniority Rule 12, page 12.
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