Brotherhood of Locomotive Engineers & Trainmen

Transcription

1 & Trainmen A Division of the Rail Conference International Brotherhood of Teamsters Tony Smilh Rick Finamore General Chairman, CSXJ-E Lines General Chairman, CSXJ-N Lines Matt Thornton Jim Louis General Chairman, CSXT-W Lines General Chairman, CSXT-N District July 18,201 1 Members General Committee of Adjustment CSXT Eastern, Western. Northern and Northern District Lines Dear Brothers and Sisters: File SSA Article 32 DRC Interpretations As a result of the ongoing process involving SSA Article 32 (Disputes Resolution Committee) and the issues with CSXT over proper interpretntion/applicatinn of certain agreement rules, etc., enclosed for your immediate review and dissemination to your respective Members, please find information that is directly related to the following Articles: 37 and 9.42 (B). 53, and 82 (A) (7). Closure was reached with CSXT during our DRC meetings the week of July 11 thru 15,201 1, and such should be beneficial to our Members now and in the future. Article 37 Called and Not Used and Article 9 -Held Away From Home'Nme The handling of payments under these two agreements has been inconsistent in the past. In some cases the agreement language was applied in such a manner that an engineer's continuous held away time under Article 9 was interrupted by a canceled call to service under Article 37. This btter of Interpretation (LOI) brings consistency to the application of the rule and ensures that in all cases where an engineer receives payment under Article 37 and goes back first out on the board, they will resume continuous held away until finally reporting for duty at a later time. Payment will be rendered as shown in the four (4) examples in the July 12,201 1 LOI. Article 42 Marking Up -Paragraph B Article 40 E was previously arbitrated via the DRC process in PLB 7265 Question 9. While we did not agree with that decision, this July 12,201 1 LO1 follows the precedent set in that arbitrated resolution and codifies the application of the mark up provisions contained in Article 42 B. Article 53 Doubling HilldAssisting Trains The application of this rule in the past has lead to inconsistent interpretations regarding what qualifies as an assist. This LO1 clearly defines the intent of the parties in the original language noting that inqtructions must be received from management to perfonn an assist and that an engineer must "physically slop his train on line of road and assist another train through movement of his train or light power for the purpose of delivering material or personnel". Article 82 - Guaranteed Extra Boards - Paragraph A - 7 The issue of observing more than two (2) rest days in a bi-weekly period on an extra board has been in dispute for an extended period of time, especially as it pertains to an engineer exercising

2 DRC Response Mmch 23,201 1 Page 2 seiiiorily from a job outside tlie extra board (with rest days) to an extra board assignment that has scheduled rest days. To that end, this LO1 codifies the parties intellt in the original language that an engineer wl~o has observed assigned rest days on any other assignment during the first week of a bi-weekly pay period (other than extra board) and is awarded a position on an extra board with resl day(s) on the next JAD, that engineer will observe such extra board rest day(s). The above represents a collective effort of all CSXTBLET General Chairmen, with valuable assistance from BLET Vice President Gil Gore, to establish much needed stability to our Collective Bargaining Agreement so our Members can understand exactly what their entitlements are concexning these and any other situations they might encounter. Please feel free to contact your General Chairman of jurisdiction with any questions or comments you have regarding the above. Fraternally yours, Tony.%wd--~eneral Chairman Matt Thornton - Genenl chairman CC: Gil Gore, BLET

3 Myron W. Becker Dimlor-Lah~Releions Phone: (%) Ehlail: Iri\,rnn l3eekuqcslr.ronl Salvato~e - Macedonio Dimla-13huRelaim Phm: (904) Far: [904) &Mail: Salvwre Macdonjo@c$rcm July 12,2011 File: 6018-SSA Article 37 and Article 9 Agreed upon interpretation of CSXT Labor Agreement as a result of discussions held in accordance with Article 32 of said agreement at Disputes Resolution Committee Meetings held in Jacksonville, Florida on July 12,2011. Subsequent to our discussions regarding the proper interpretatiodapplication of Article 37, Called and Not Used payments will run concurrent with, but not in addition to, Held Away from Home Tenninal compensation as provided for in Article 9. Example 1: Example 2: Example 3: An Engineer at the away tetminal who is on held away at the time of call for service and the call is busted before leaving the hotel or after arriving at the on duty location will receive the appropriate payment provided in Article 37 (ninety (90) minutes or three (3) hours) md after expiration of the appropriate payment under Article 37 has elapsed will resume continuous held away compensation until again reporting for duty.. An Engineer at the away terminal who is not on held away at the time of call and the call is busted prior to leaving the hotel or after arriving at the on duty location will receive the appropriate payment provided in Article 37 (ninety (90) minutes or three (3) hours) and nfter expiration of the appropriate payment under Article 37 has elapsed begin payments under Article 9 if minimum of fifteen (15) hours has elapsed from his previous tie up. An Engineer at his home terminal who receives a call to service and the call is busted prior to leaving his home or after arriving at the 'on duty location will receive the appropriate payment provided in Article 37

4 (ninety (90) minutes or three (3) hours) in addition to all other earning of his trip. Example 4: An Engineer who is called and actually performs service prior to being relieved will be paid the earnings of the assignment for which originally called as per Article 37 and will go to the bottom of the board and start held away as per Article 9 after he register off duty. Signed this date, July 12, 2011 in Jacksonville, FL. Agreed: Myron Becker Diecto~Labor Relations Matt Thornton, General Chainnan Brotherhood of Locon~otive Engineers - 6" /H?d R. A. Finanore, General Chairman ( J. P. 'Guis, General Chairman \BFed;erhood of Locomotive Engineers 1 \, \. -,, :I, L.- Gil Gore, Vice President". 2-'

5 Myron W. Becker Dimm.LabmRelatitims Phont: (904) EMaik hlvmn Reckat4e.tx.~ Salvatore Macedonia Diim-Labor Relaticas Phone: (904) Rx: (904) &Mail: Article 42 B. -MARKING UP July 12,2011 File: SSA Agreed upon interpretation of CSXT Labor Agreement as a result of discussions held in accordance with Article 32 of said agreement at Disputes Resolution Committee Meetings held in Jacksonville, Florida on July 12,2011. Agreed upon Interpretation of Article 42, MARKING UP, of CSXT Labor Agreement as a result of discussions held in accordance with Article 32 of the BLET SSA. Article 42 B. reads as follows: "B. Engineers in all classes of service will be marked up following the day, days, week or weeks of authorized absence at 2200 for duty at 0001, unless the Engineer elects to and advises CMC to delay mark up lo as late as 0400, following the authorized absence. Note: Engineers will not be considered as unavailable for any purpose when handled as described in this Article Concurrent with the decision rendered in PLB 7265 Award 9, it i s understood that Article 42. B. only applies to engineers who receive a call to report for service. Signed this date, July 12,2011 in Jacksonville, FL, Agreed: Myron Becker Director Labor Relations

6 Matt Thornton, General Chairman /? =iu, R. A. Finamore, General Chairman Wd Brotherhwd of Locomotive Engineers - J. P. uis, General Chairman h6therhood of Locomotive Engineers,./ Gil Gore,~ice\~residen~ roth her hood of ~ocomotive ~n~ineers

7 Myron W. Becker Diralwhb~ReIatiow Phone: (904) EMai): Salvatore Macedonia Dio~~Labor Relalii I?~Ic (904) Far (904) July 12,2011 File: 6018-SSA Article 53 - DOUBLING HILLSIASSISTING TRAINS Agreed upon interpretation of CSXT Labor Agreement as a result of discrissions held in accordance with Article 32 of said agreement at Disputes Resolution Committee Meetings held in Jacksonville, Florida on July 12,2011. Article 53 of the Agreement provides: A. Engineers in road service required to double a hill andlor to assist another train will be paid actual miles for such service, with a minimum of two (2) hours, in addition to the regular mileage allowance for the trip between terminals and with no deductions therefrom, overtime to be computed on the basis of the mileage of the trip exclusive of the double or the assist. B. The rate to be paid for time spent doubting a hill or assisting another train will be the same rate as that paid for the regular trip. C. Paragraphs A and B of this Article apply to Engineers in other than helper service when required to assist another train operating in the same direction. D. Engineers in other than helper service required to assist a train operating in the opposite direction will be allowed an additional day's pay above and beyond all other earnings. Note: The tern, "assist another train" is not confined to the helping, doubling, shoving or pulling of another train over a hill, but includes any reason and all cases that make it necessary for an Engineer to stop his train and provide assistance to another train.

8 It is understood that in order to qualify for payment under this rule, the engineer must receive instructions from management (manager, dispatcher, etc) to stop hi train on line of road and engage in activity regarding "an assist" of another train. Any activity performed voluntarily by a crew at the request of another crew does not qualify as an assist. When the engineer is instructed to physically stop his train on line of road and assist another train through movement of his train or light power for the purpose of delivering material or pe~0~el in providing assistance to another train, he would qualify for payment under this Note. Signed this date, July 12,2011 in Jacksonville, FL. Agreed: Myron Becker Director Labor Relations Brotherhood of Locornolive Engineers Director ~abor ~dat&~s R. A. ~i6more, General Chairman Luis. General Chairman bxcderho& of Locomotive Engimeers Approved:!/ \ \- 1 ') r' - < C, c. :-*" Gil Gore: ~ice~resident-- -

9 Myron W. Becker Di&-labar Rclnliau Phow: (' EMdl: Salvatore Macedonia Dirslw-bbr Rrlaiim WE (904) Fan: (901) %Mail: Salvalnre MmchioBsmm July 12,201 1 File: 6018-SSA Artide 82, A. 7. Agreed upon interpretation of CSXT Labor Agreement as a result of discussions held in accordance with Mcle 32 of said agreement at Disputes Resolution Committee Meetings held in Jacksonville, Florida on July 12,2011. In recognition of the numerous discussions between the parties with respect to employees observing two assigned rest days on an assignment other than an extra board, and if the employee should be permitted to additional rest days, if rest days were already observed in a bi-weekly period when changing position on JAD. Article 82, A., 7. will be applied as follows: In the specific circumstances where an engineer during the first week of a bi-weekly pay period has observed two assigned rest days on any other assignment (other than an extra board) and on the next JAD is awarded a position on an extra board with rest day(s), that engineer will observe such rest day(s). An engineer who moves from an extra board to another extra board during a biweekly pay period, will be allowed a minimum of 2 days off in a biweekly pay period andlor days off as provided for in Article 82, A, 7. If this language is acceptable, please so advise and a formal document will be prepared for signature.

10 Signed this dnte, June 3,2011 in Jacksonville, FL. Agreed: Mvron Becker ~rothe&d of Locomotive Engineers dd&dc/ Matt Thornton, General Chairman &' 7 d R. A. Finamore, General Chairman Brotherhood of Locomotive En~ineers - Director Labor Relatio is, General Chairman bm6erhood of Locomotive Engineers / \ :.,. /-. 7 >. i, L-- Gil GO=; Vice reside&