QUESTIONS AND ANSWERS
Q-1 How do the eligibility provisions for the Longevity Bonus in this Agreement differ from the eligibility provisions for the Signing Bonus and Lump Sum Payments provided for in Article I of the National BLE Agreement dated May 31, 1996 (“1996 Agreement”)?
A-1
The dates, of course, are different, and the time period for ascertaining
eligibility is different. All other
eligibility issues should be governed by how eligibility was determined under
the 1996 Agreement.
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Q-2
What are some examples of the application of the Answer to
Q-1?
A-2
The following are illustrative examples:
E-1
An employee is reinstated to service with seniority unimpaired but
without pay for all time lost. Is
such employee entitled to the payment provided for in Section
1(a)?
No.
E-2
Will receipt of vacation pay during the period October 1, 2003 and
November 30, 2003 qualify an individual for the Longevity
Bonus?
No.
E-3
An employee received compensation for active service performed during the
period October 1, 2003 and November 30, 2003 but died prior to December 1,
2003. Is this employee eligible for
the Longevity Bonus?
Yes, provided the employee is otherwise eligible as
provided in the Article.
E-4
Will employees on reserve boards, guaranteed extra boards, and the like,
and those employees receiving displacement/dismissal allowance under the various
labor protective provisions be eligible for the Longevity Bonus provided for in
the Article?
Yes, provided
that such employees are otherwise eligible as provided in the
Article.
E-5
Will the Longevity Bonus be included in earnings for calculation of
vacation pay?
Yes.
E-6
Will employees on authorized military leave during the period specified
in Article I, Section 1(b)(3)(i) be eligible for the
Longevity Bonus upon return to service with the Carrier?
Yes, provided they have established seniority in train
or engine service with a covered carrier on or before October 31,
1985.
E-7
If an employee is unable to work at any time between
October 1, 2003 through November 30, 2003 due to his/her part-time
involvement with union business, is such employee eligible for the Longevity
Bonus?
No.
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Q-3
Will the payment of the Longevity Bonus be used to offset any
guarantee an employee may be receiving, regardless of type of guarantee it may
be?
A-3
The Longevity Bonus cannot be used to offset guarantees in protective
agreements or arrangements.
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Q-4
Under what circumstances will BLE members working as firemen or trainmen
be eligible for the Longevity
Bonus?
A-4
If such employee received compensation for active service performed under
a BLE collective bargaining agreement at any time during the period October 1,
2003 through November 30, 2003, had not received a Longevity Bonus by virtue of
employment under another agreement, and is otherwise eligible, such employee
will be eligible for the BLE Longevity Bonus.
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Q-5
How will General Wage Increases (GWI) and Cost-of-Living (COLA) be applied to other than standard rates of pay and monthly
guarantees applicable to road and yard service employees?
A-5
The GWI’s and COLA’s provided for in this
Agreement will be applied in the same manner as they have been applied in the
past.
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Q-6
Will the 4% GWI effective July 1, 2002 and the 2-1/2% GWI effective July
1, 2003 be paid retroactive to such respective effective dates following
ratification and adoption of this Agreement?
A-6
Yes.
Q-7
Is it the parties’ intent that an employee who otherwise qualified under
Article I, Section 1, and who received compensation for active service performed
during the specified period, would not be eligible for the Longevity Bonus if
he/she were off at any time during the qualification period for union business?
A-7
No.
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Q-8
The applicable agreement provision on a carrier expressly provides that a
certain duplicate time payment is subject to adjustment for subsequent general
wage increases. Will the general
wage increases provided for in Article I be applied to
such duplicate time payment?
A-8
Yes.
Q-1
How will such a program be determined and
implemented?
A-1
The program is totally optional, and will be offered at each Carrier’s
discretion, and will be implemented only by mutual agreement between the
parties.
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Q-2
What is meant by the term “smallest employee grouping that can
administered”?
A-2
The least number of employees agreed to by the
parties.
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Q-3
May employees elect to opt out of an agreed to “Optional Alternative
Compensation Program” when offered?
A-3
Alternative compensation arrangements negotiated under this Article will
cover only the employees mutually agreed to by the
parties.
Q-1
Will the cost-of-living adjustments provided for in Part B be applicable to overmile rates of pay?
A-1
Yes.
Q-1
May the parties subject to the local negotiations that establish Trip
Rates agree to include other components (including overtime) in Trip
Rates?
A-1
Yes, provided there is mutual agreement to do so.
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Q-2
If an employee is subject to entry rates and rate progression at the time
Trip Rates are established, is such employee to receive the applicable
percentage, i.e., 75%, 80%, 85%, etc., of the newly established Trip
Rate?
A-2
Yes, as provided in Article V, Part B, Section 4(c)(2) and Article VI.
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Q-3
Under Article V, Parts B and C, will Trip Rates be developed and
implemented on the same basis described therein for firemen (where applicable)
on those properties where BLE is the duly designated representative for such
employees under the Railway Labor Act?
A-3
Yes.
* * * * *
Q-4
Once a Trip Rate has been developed, are future general wage increases
and cost-of-living allowances applicable to the entire Trip
Rate?
A-4
Yes, except as provided in Article V, Part B, Section 4(c)(1).
*
Q-5
Once a pay element has been incorporated in the calculation of the trip
rate, will claims for that pay element be considered by the
Carrier?
A-5
No. Claims for such
pay elements incorporated in the Trip Rate will not be considered by the Carrier
and will not be responded to.
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Q-6
Will all claim settlements or arbitration decisions related to pay
elements that are included in Trip Rates be
incorporated in the Trip Rate calculation?
A-6
Yes, for those settlements or decisions that are based on events that
took place during the applicable Test Period, but were not included during the
initial Trip Rate calculation.
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Q-7
Where a pool/run consists entirely of post-85 employees, will the
earnings attributable to them be computed as if they were pre-85
employees?
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*
Q-8
Will earnings paid to extra employees working in the pool be included in
the test period?
A-8
Yes, as provided in Article V, Part B, Section 3.
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Q-9
After the establishment of Trip Rates, the Carrier required additional
work of a crew so as to violate a work rule not included in the Trip Rate
calculation. Is such penalty
payment still applicable and, if so, at what rate?
A-9
Yes, penalty payments not included in the Trip Rate will still be payable
at the same amount at which paid prior to the establishment of Trip Rates. For example, if a certain penalty
payment is paid as a basic day prior to the establishment of Trip Rates and that
penalty payment is not included in the Trip Rate, the proper penalty payment
would still be a basic day after the implementation of Trip Rates.
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Q-10
How will an employee covered by the Trip Rates be compensated for personal leave days, holiday pay and/or
vacation pay?
A-10
Compensation for personal leave days, holiday pay and/or vacation
pay, will
continue to be paid in accordance with rules and practices in existence prior to
establishment of Trip Rates. If
those rules and practices require payment of earnings of a trip, Trip Rates, if
established, will apply.
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Q-11
Can either party, i.e., BLE or Carrier, submit a dispute over the Trip
Rate implementation to the National Disputes
Committee?
A-11
Yes.
Q-12
At what point is it appropriate for a dispute to be referred to the
National Disputes Committee?
A-12
After notice has been served pursuant to Article V, Part B, Section 9(a)
and carrier has proposed a Test Period for a particular run/pool, if an impasse
develops, either party may refer a dispute to the National Disputes
Committee.
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Q-13
Does a Trip Rate proposed by the Carrier, based solely upon the
incorporation of the National Pay Elements set forth in Section 5, become
effective thirty (30) days after the Carrier’s notice is served, absent
agreement between the parties?
A-13
Yes, unless the BLE representative(s) make a timely written referral of
the matter to the National Disputes Committee.
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Q-14
If Trip Rates are not established by the date specified in Article V,
Part B, Section 9(g), can the Carrier delay the application of the national pay
elements set forth in Article V, Part B, Section 5 to post October 31, 1985
employees effective the next day after that date by simply referring the matter
to the National Disputes Committee?
A-14
No. Under those
circumstances, Article V, Part B, Section 9(h) provides in part that, effective
on the next day after the date specified in Article V, Part B, Section 9(g),
post October 31, 1985 employees on runs/pools for which Trip Rates have not been
implemented by such date “will be paid on the same basis as Pre-85 Employees
represented by BLE with respect to the national pay elements identified in
Section 5 of this Part”, and the National Disputes Committee will resolve the
Trip Rate issue(s) in dispute if such is referred to the Disputes Committee by
either party. However, disputes
pending before the National Disputes Committee prior to such date over any issue
will be governed solely by the outcome of the dispute resolution process as
provided in Article V, Part B, Section
9(h).
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Q-15
Does the implementation of Trip Rates permit road crews to perform any
additional work (moves) at the initial, intermediate or final terminals over and
above that permitted by existing agreements?
A-15
Article V, Part A, Section 1(b) provides that the provisions of the new
pay system will have no effect on work rules except where a pay element is
incorporated in a Trip Rate.
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Q-16
In computing overtime will the Trip Rate be used?
A-16
No. Overtime will
continue to be applied as it is now.
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Q-17
Will Trip Rates be applicable to both the working trip and the deadhead
trip?
A-17
Yes. Where Trip Rates are implemented, employees will receive the Trip
Rate for both the deadhead and the working trip. Multiple Trip Rates will not be paid
when service and deadhead(s) are combined during a tour of duty.
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A-18
A road extra board employee called to provide hours of service relief, or
multiple trip turnaround service, will be paid the Trip Rate of the service for
which called. When called to fill
vacancies, road
extra board employees will be paid the
appropriate Trip Rate of the assignment for which called.
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Q-19
What constitutes a “material change”?
A-19
Article V, Part B, Section 8 provides a process for adjustment of an
established Trip Rate in response to a subsequent material change, i.e.,
one that significantly affects the run/pool.
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Q-20 What
elements of pay will be included in a yard Trip Rate?
A-20 This
determination will be made, where the parties agree to implement a yard Trip
Rate, on a basis that is consistent both with yard service and with the terms,
conditions, principles and guidelines set forth in Parts A and B of Article
V.
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Q-21
How will the “12-month period of normalized operations” be determined in
calculating Trip Rates?
A-21
The 12-month Test Period will be proposed by the carrier in its notice,
with the burden of substantiating such period as reflecting “normalized
operations” for the pool/run placed on the carrier.
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Q-22
Will pay elements not specifically included in Trip Rates continue to be
applicable?
A-22
Yes.
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Q-23
How will Trip Rates be determined for new runs/pools since there is no
“Test Period”?
A-23
As provided in Article V, Part B, Section 7.
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Q-24
Will the establishment of Trip Rates have any affect on local agreements
providing for mileage and/or earnings regulations.
A-24
No. Such local
agreements will continue to apply.
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Q-25
Does the 12-month period of Normalized Operations by this Article have to
be consecutive?
A-25
Yes, if the 12 consecutive months actually reflect Normalized
Operations.
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Q-26
Are additional mileage or time payments, such as mileage or terminal
mileage payments, afforded certain group(s) of employees as a result of other
agreement rules or provisions other than the May 19, 1986 Arbitrated National
Agreement to be included in the earnings used to develop a Trip Rate?
A-26
No.
Q-27 Does the term “yard runarounds” refer to road crews who are called in order but depart the initial terminal out of that order?
A-27 Yes.
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Q-28 Will implementation of Trip Rates change a protected employee’s test period average or test period hours?
A-28
No.
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Q-29
If a separate working trip is made by the pool/run following an automatic
release or after completion of the initial working trip and such separate
working trip is treated as a Start for purposes of computation of that
pool/run’s Trip Rate, how will such separate working trips be treated after
implementation of Trip Rates?
A-29
They will be treated as separate Starts.
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Q-30
For the purposes of Article V, Part B, Section 9(h), what date will be
treated as “the date specified in subsection (g)”?
A-30
The first day of the thirtieth (30th) full calendar month
following the date of this Agreement, except as provided
below.
That date will be March 1, 2005 for any run/pool not covered by Trip
Rates with another operating organization, unless as of that
date:
(i) a carrier notice to implement Trip Rates for
such run/pool with such other operating organization is pending,
or
(ii) Trip Rates have not been implemented for such run/pool with another
operating organization either by agreement of the parties or pursuant to
Disputes Committee authorization.
Q-1
If an agreement is not reached on an individual railroad as contemplated
by Section 3, how will employees establishing seniority on or after July 1, 2004
be compensated?
A-1 In accordance with the rules that adjust employee compensation based on length of service in effect on such railroad on June 30, 2004
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Q-2
Are entry rates and rate progression provisions of existing agreements
eliminated on July 1, 2004?
A-2
Yes, but only for employees subject to such provisions on June 30, 2004
represented by BLE and only when working as a locomotive engineer on and after
July 1, 2004.
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Q-3
A local rule currently provides that an employee who is subject to rate
progression will be paid, when working as a locomotive engineer, at the full
rate of pay. Is that local rule
affected by Article VI ?
A-3
No.
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Q-4
How will the new Service Scale contemplated by Section 3 be established?
A-4
By the Carrier, subject to review by the organization
representative(s).
Q-5
Will the Service Scale to be established by the Carrier be identical to
that which is governed by existing rules, which are in effect on such Carrier
on June 30,
2004?
A-5
Yes.
* * * * *
Q-6
Does this Article apply to firemen in training programs to become
locomotive engineers?
A-6
No.
Article VII - Enhanced Manpower
Utilization
Q-1
What is meant by the phrase “authorized or approved time
off”?
A-1
This phrase is intended to mean the time such as, but not limited to,
when an employee is off account of personal illness, Family and Medical Leave
Act, personal leave days, vacations, or any other approved time
off.
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Q-2
Is the Carrier required to provide the organization representative(s)
anything more than a synopsis of their proposed rule?
A-2
Yes. A detailed
proposal must be provided to the organization representative(s) prior to any
submission of the matter to final and binding arbitration.
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Q-3
Will this Article have any affect on existing work/rest agreements
currently in effect?
A-3
No.
Article VIII - National Wage & Rules
Panel
Q-1
Are the items to be considered by the Panel limited to those set forth in
this rule?
A-1
No. The parties are
free to discuss and resolve any matters of mutual concern consistent with the
intent of this forum.
Article IX - Off-Track
Vehicle Accident Benefits
Q-1
What effect do the improvements to the Off-Track Vehicle Accident
benefits have upon employees entitled to receive them?
A-1
The Off-Track Vehicle Accident benefit improvements merely increase
existing benefit levels.
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Q-2
What changes were made to the application of “Off Track Vehicle
Coverage”?
A-2
The benefits were increased and there are no changes to the
application.
Article X - General
Provisions
Q-1
In several Articles of this Agreement reference is made to the date
October 31, 1985 when discussing “pre-85” and “post-85” employees. The parties recognize that other
specific dates may exist in agreements which define issues relative to “pre-85"
and “post-85" employees.
Accordingly, do the parties agree that the reference to “pre-85” and
“post-85” employees in this Agreement is intended to include all employees such
as those referenced above?
A-1
The parties agree that this must be answered on a case-by-case basis in
light of the parties’ mutual intentions and an evaluation of the relevant facts
and circumstances.