BLE
March 6, 1975
AGREEMENT
DATED MARCH 6, 1975
between railroads represented by the
NATIONAL CARRIERS ‘ CONFERENCE COMMITTEE
and
employees of such railroads represented by the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
THIS AGREEMENT, made this 29th day of January, 1975, by and between the participating carriers listed in Exhibit A, attached hereto and made a part hereof, and represented by the National Carriers’ Conference Committee, and the employees of such carriers shown thereon and represented by the United Transportation Union, witnesseth:
IT IS HEREBY AGREED:
Section 1 – First General Wage Increase (for others than Dining Car Stewards and Yardmasters)
| Category | Weight Range | Notes |
|---|---|---|
| Passenger | 600,000 and less than 650,000 pounds | |
| Freight | 950,000 and less than 1,000,000 pounds | Through freight rates |
| Yard Engineers | Less than 500,000 pounds | |
| Yard Firemen | 250,000 and less than 300,000 pounds | Separate computations covering five-day rates and other than five-day rates |
Section 2 – Second General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective October 1, 1975, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on September 30, 1975, shall be increased by an amount equal to 5 percent, computed and applied for enginemen in the same manner as the first general wage increase provided under Section 1 above. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 2, which is a part of this Agreement.
Section 3 – Third General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective April 1, 1976, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on March 31, 1976, shall be increased by an amount equal to 3 percent, computed and applied for enginemen in the same manner as the first general wage increase provided under Section 1 above. The amount of any cost-of-living allowance which may be in effect will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 3, which is a part of this Agreement.
Section 4 – Fourth General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective July 1, 1977, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1977 shall be increased by an amount equal to 4 percent, computed and applied for enginemen in the same manner as the first general wage increase provided under Section 1 above. The amount of any cost-of-living allowance which may remain in effect after a portion of the allowance has been incorporated intc basic rates pursuant to Article II, Section l(d), will not be included with bas: rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase will be published as soon as the amount to be incorporated into basic rates effective June 30, 1977, referred to above, is known.
Section 5 – Application of Wage Increases
Section 6 – General Wage Increases for Dining Car Stewards and Yardmasters
Effective January 1, 1975 all basic monthly rates of pay of dining car stewards and yardmasters represented by the United Transportation Union in effect on December 31, 1974 shall be increased by 10%.
The rates produced by such increase shall be further increased as follows:
| Effective Date | Increase | Notes |
|---|---|---|
| October 1, 1975 | 5% | The amount of any cost-of-living allowance which may be in effect will not be included with basic rates in computing the amount of this increase. |
| April 1, 1976 | 3% | The amount of any cost-of-living allowance which may be in effect will not be included with basic rates in computing the amount of this increase. |
| July 1, 1977 | 4% | The amount of any cost-of-living allowance which may remain in effect after a portion of the allowance has been incorporated into basic rates pursuant to Article II, Section 1(d), will not be included with basic rates in computing the amount of this increase. |
Rates of pay resulting from the increases provided for in this Section 6, and Section l(d) of Article II, will not be reduced under Article II
Section 1 ‑ Amounts and Effective Dates of Cost‑of‑Living Adjustments
| BLS Consumer Price Index For | Effective Date of Adjustment |
|---|---|
| September 1975 | January 1, 1976 |
| March 1976 | July 1, 1976 |
| September 1976 | January 1, 1977 |
| March 1977 | July 1, 1977 |
| Adjustment Date | Maximum Cumulative Allowance |
|---|---|
| January 1, 1976 | 12 cents per hour |
| July 1, 1976 | 28 cents per hour |
| January 1, 1977 | 45 cents per hour, as adjusted by Note 1 |
| July 1, 1977 | 68 cents per hour, as adjusted by Note 2 |
Note I Less 75 percent of the allowance which had been payable as of December 31, 1976 prior to application of paragraph (d)(i)
Note 2 Less the entire amount of the allowance payable as of December 31, 1976 which was incorporated into basic rates pursuant to paragraphs (d)(i) and (d)(ii).
NOTE: As soon as the BLS Consumer Price Index for March 1975 becomes available, a table will be prepared showing the amount of the cost‑of‑living allowance, prior to the December 31, 1976 incorporation into basic rates of 75 percent of the allowance then payable, for each BLS Consumer Price Index figure.
NOTE: As soon as the BLS Consumer Price Index for September 1976 becomes available, a table will be prepared showing the amount of the cost‑of‑living allowance for each BLS Consumer Price Index figure
Section 2 ‑ Application of Cost‑of‑Living Adjustments
In application of the cost‑of‑living adjustments provided for by Section 1 of this Article II, the cost‑of‑living allowance will not become part of basic rates of pay except as provided in Section 1(d). Such allowance will be applied as follows:
Section 1. In 1976, Christmas Eve (the day before Christmas is observed) will be added to the list of paid holidays for employees receiving holiday pay. Details of the holiday provision will be agreed upon by the parties by July 1, 1975.
Section 2. The National Carriers’ Conference Committee. on behalf of the carriers party to this Agreement, may exercise a national option prior to January 1, 1976 to substitute Good Friday for the birthday holiday effective January 1. 1976, for the employees represented by the United Transportation Union.
Commencing June 1975, the carriers will provide each General Chairman with a list of employees who are hired or terminated, their home addresses, and Social Security numbers if available, otherwise the employees’ identification numbers. This information will be limited to the employees covered by the collective bargaining agreement of the respective General Chairmen. The data will be supplied within 30 days after the month in which the employee is hired or terminated. Where railroads can not meet the 30‑day requirement, the matter will be worked out with the General Chairman.
Subject to the Letter of Understanding of January 29, 1975 (Attachment 1) the benefits now provided under Group Policy Contract GA‑23000 are to be continued during the three‑year period commencing January 1. 1975, the railroads to pay the premium cost offset by such amounts as may be available from the Special Account. Details of the Agreement covering the foregoing to be worked out by the parties by July 1, 1975.
A National Dental Plan will be established to be effective March 1, 1976 with features as described in Memorandum identified as “Description of National Dental Plan” (Attachment 2). The plan will be established and administered as follows:
Section 1 ‑ Court Approval
This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.
Section 2 ‑ Effect of this Agreement
With respect to the Penn Central Transportation Company, the power of attorney to the National Carriers’ Conference Committee was conditioned upon trustee approval of the agreement, and such approval has been granted.
SIGNED AT WASHINGTON, D. C. THIS 6th DAY OF MARCH, 1975.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES
LISTED IN REPRESENTED BY THE
EXHIBIT A: BROTHERHOOD OF
LOCOMOTIVE
ENGINEERS:
William H. Dempsey B.N. Whitmire Chairman President
SIGNATURES NOT REPRODUCED
SIDE LETTERS TO THE AGREEMENT
March 6, 1975
Mr. Burrell N. Whitmire President
Brotherhood of Locomotive Engineers
1365 Ontario Street
Cleveland, Ohio 44114
Dear Mr. Whitmire:
As I indicated during our recent discussions respecting health and welfare and related matters, while the carriers are prepared to continue the present benefits provided under Group Policy Contract GA-23000 for a three-year period commencing January 1, 1975, that willingness is conditioned upon the policyholder labor organizations’ agreeing to certain changes designed to avoid unnecessary expense without affecting the benefits to the employees or participation of the organizations in the administration of this program.
The changes are:
1. Agreement by the organizations to expeditious use of the amounts in the Special Account to offset premium payments, with the objective of maintaining the necessary balance in the Account consistent with the assurance of continued Medicare premium payments.
2. Agreement in principle to adoption of a premium-plus account approach to funding GA-23000, provided that further thorough exploration confirms the advice given us jointly by Travelers that the interests of the Policyholder will not be adversely affected.
3. Inclusion of a subrogation provision similar to that included in the several recent supplemental sickness benefits agreements.
What we have in mind, as a typical case, is this:
An employee is injured on duty. He sues the employer for $10,000, and includes in his claim $1,000 of medical expenses which have already been paid under GA-23000. If he wins the suit, he should collect $9,000, not $10,000, for otherwise he would be collecting twice for the same thing our understanding is that, in light of the terms agreed to by the carriers, on behalf of your organization you do not object to these changes, but that you do not purport to speak for any other organizations.
If you concur, would you please sign below.
Yours very truly
William H. Dempsey
I concur.
Burrell N. Whitmire President
Brotherhood of Locomotive Engineers
ATTACHMENT 2
DESCRIPTION OF NATIONAL DENTAL PLAN
EFFECTIVE DATE – March 1, 1976
ELIGIBILITY
Employee – An employee of a railroad who is eligible for employee or dependent coverage under GA-23000, provided he has completed one year of service with the railroad.
Dependent – For other than orthodontia, the spouse and children of a covered employee, as they are defined in GA-23000 (i.e. unmarried children under age 19, between 19 and 25 if in school, or over 19 if physically or mentally incapacited). For orthodontia, unmarried children under are 19.
INDIVIDUAL TERMINATION OF INSURANCE
Upon termination of railroad service; i.e., no special extensions such as those for furloughed or disabled employees as provided under GA-23000.
BENEFITS FOR OTHER THAN ORTHODONTIA
What is Payable – The plan pays the dentist’s charges for covered expenses on the following basis:
75% Group A – Preventive and Basic Services and Emergency Visits
50% Group B – Prosthetic Services, including Crowns and Gold Restorations
Deductible – $50 per individual for each calendar year.
Maximum – The maximum benefit for each calendar year is $500. This maximum applies separately to each insured family member.
What Dental Expenses are Covered – The plan covers charges up to those made by most dentists in the area for the services and supplies described in the following section.
What Dental Services are Covered – The plan covers the following services and supplies, for which a charge is made by a dentist or physician, that are required in connection with the dental care and treatment of any disease or defect. In addition, the plan covers certain preventive services.
GROUP A – Preventive and Basic Services and Emergency Visits
1. Oral Examinations and Prophylaxis
Routine oral examination and prophylaxis (scaling and cleaning of teeth), but not more than once for each covered person during any period of six (6) consecutive months.
2. Fluoride Treatment
The plan covers a fluoride treatment once each calendar year for children.
3. Space Maintainers
The plan covers all space maintainers.
4. Emergency Visits
Emergency palliative treatment.
5. X-rays
Dental x-rays, including full mouth x-rays (but not more than once in any period of thirty-six (36) consecutive months), supplementary bitewing xrays (but not more than once in any period of six (6) consecutive months) and such other dental x-rays as are required in connection with the diagnosis of a specific condition requiring treatment.
6. Extractions
The plan covers all extractions. Allowances for extraction include routine postoperative care.
7. Oral Surgery
The plan covers all necessary oral surgery. Allowances include routine postoperative care. –
8. Fillings
The plan covers amalgam, acrylic, synthetic porcelain and composite fillings that are necessary to restore the structure of teeth that have been broken down by decay.
9. General Anesthetic
The plan covers a separate charge for general anesthetic in conjunction with oral surgery ant periodontics.
10. Treatment of Gum Disease
The plan covers necessary periodontic treatment of the gums and supporting structure of the teeth.
11. Endodontic Treatment
The plan covers endodontic treatment, including root canal therapy.
12. Drugs
The plan covers charges for injectable antibiotics administered by a dentist or physician.
13. Repair and Rebasing
Repair or recementing of crowns, inlays, onlays, bridgework or dentures; or relining or rebasing of dentures more than six (6) months after the installation of an initial or replacement denture, but not more than one relining or rebasing in any period of thirty-six (36) consecutive months. If the plan pays for a new denture it will not also cover the repair or rebasing of the old denture.
GROUP B – Prosthetic Services
1. Initial Installation
The plan covers initial installation of fixed bridgework, including inlays and crowns used as abutments, and partial or full removable dentures (including any adjustments during the six (6) month period following installation).
2. Replacement of Existing Prosthetic Appliances
The plan covers replacement of an existing partial or full removable denture or fixed bridgework by a new denture or by new bridgework, or the addition of teeth to an existing partial removable denture or to bridgework, but only if satisfactory evidence is presented that:
(a) The replacement or addition of teeth is required to replace one or more teeth extracted after the existing denture or bridgework was installed, or
(b) The existing denture or bridgework cannot be made serviceable and is more than 5 years old, or
(c) The existing denture is an immediate temporary denture which cannot be made permanent and replacement by a permanent denture takes place within twelve (12) months from the date of initial installation of the immediate temporary denture. When a permanent denture replaces an immediate temporary denture for which benefits were provided under this plan, the allowance for both appliances will be limited to the maximum benefit for a permanent denture.
3. Crowns and Gold Restorations
The plan covers crowns, inlays, onlays and gold fillings that are necessary to restore the structure of teeth that have been broken down by decay, provided the tooth cannot be reconstructed by an amalgam, acrylic, synthetic porcelain or composite filling.
Benefit Determination – The plan covers treatment performed while insured. Treatment will be considered to have been performed when the service is actually rendered, except as specified for the following procedures:
(a) Dentures, Full or Partial – when the impression is taken for the appliances.
(b) Fixed bridgework, crowns and gold restorations – when the tooth is first prepared.
(c) Endodontics, including root canal therapy – when the tooth is opened.
Extended Benefits – For the procedures listed under Benefit Determination, benefit payments will be made for treatment performed while insured with respect to services rendered within 30 days following termination of insurance.
Dental Charges Not Covered – Covered Dental Expenses do not include and no benefits are payable for:
… Charges for services for which benefits are otherwise provided under surgical and major medical coverage under Group Policy Contract GA-23000.
… Charges for treatment by other than a legally licensed dentist or physician, except that scaling or cleaning of teeth and topical application of fluoride may be performed by a licensed dental hygienist if the treatment is rendered under the supervision and guidance of the dentist.
… Charges for veneers or similar properties of crowns and pontics placed on or replacing teeth, other than the ten upper and lower anterior teeth.
… Charges for services or supplies that are cosmetic in nature, including charges for personalization or characterization of dentures, specialized techniques, or precision attachments
… Charges for the replacement of a lost, missing, or stolen prosthetic device.
… Charges for appliances or procedures to increase vertical dimension or occlusion.
… Charges for orthodontic diagnostic procedures and treatment, including appliance therapy, surgical therapy and functional or myofunctional therapy.
… Charges for services or supplies which are compensable under a Workmen’s Compensation or Employer’s Liability Law.
… Charges for services rendered through a medical department, clinic, or similar facility provided or maintained by the patient’s employer.
… Charges for services or supplies for which no charge is made that the employee is legally obligated to pay or for which no charge would be made in the absence of dental expense coverage.
… Charges for services or supplies which do not meet or are not necessary according to accepted standards of dental practice, including charges for services or supplies which are experimental in nature.
… Charges for services or supplies received as a result of dental disease, defect or injury due to an act of war, declared or undeclared.
… Charges for any services to the extent for which benefits are payable under any health care program supported in whole or in part by funds of the federal government or any state or political subdivision thereof.
… Charges for education or training and supplies used for personal oral hygiene or dental plaque control, or dietary or nutritional counseling.
… Charges for implantology.
… Charges for sealants.
… Charges for failure to keep a scheduled visit with the dentist or hygienist.
… Charges for the completion of any forms.
Optional Treatment – Occasionally, a patient may select a more expensive procedure rather than a suitable alternate procedure. In such case, plan benefits will be paid on the basis of a less expensive procedure that is consistent with good dental care.
Co-ordination of Benefits – If the individual is eligible to receive dental benefits under another program, co-ordination of benefits will be applied between the two with respect to dental charges.
BENEFITS FOR ORTHODONTIA
What Is Payable – The plan pays the dentist’s charge at 50% of covered orthodontic expenses up to a lifetime maximum amount payable of $500 for each child under 19 years of age.
Covered Orthodontic Treatment – The plan covers orthodontic treatment that is required to correct malposed teeth, and which begins while the child is covered by the plan. Treatment consists of appliance therapy, surgical therapy, functional and myofunctional therapy, and includes related diagnostic per-procedures, surgery and extractions formed by a dentist.
Payment Sequence – The sequence of payments for orthodontic services is determined in the following manner. If the dentist estimates that active treatment will continue for two or more years, then the total benefit is divided into eight equal portions. The first portion will be payable when the orthodontic appliance is installed and subsequent installments will be payable at 90 day intervals until the maximum has been paid or until insurance terminates. If the estimated course of treatment is less than two years, the total charge is divided into portions so as to make payments at 90 day intervals, beginning with the date the appliance is inserted.
Payment Sequence (Cont’d) – Orthodontic benefits will be payable
While treatment continues provided insurance remains in force with respect to the individual. Benefits will be payable provided the individual is covered at the beginning of the 90 day interval. Orthodontic coverage will terminate at the end of the quarter during which the child attains his 19th birthday.
If an employee’s insurance is terminated and he subsequently again becomes insured, he will be entitled to any unpaid remainder of the original payable benefit, as long as active orthodontic treatment is continued. Such remainder will be payable at 90 day intervals calculated in accordance with the original payment sequence.
Orthodontic Charges Not Covered – Since it is contemplated that this plan would be written in conjunction with a plan covering other dental services, the appropriate exclusions set forth in the description of such plan would also apply to this plan.
Co-ordination of Benefits – If the individual is eligible to receive orthodontic benefits under another program, co-ordination of benefits will be applied between the two with respect to orthodontic charges.
EXHIBIT A
LIST OF RAILROADS SIGNATORY TO THIS AGREEMENT — NOT REPRODUCED HERE
FOR THE CARRIERS: FOR THE BLE:
W.H. Dempsey B.N. Whitmore
Washington. D. C. January 29, 1975
SIDE LETTERS TO THE AGREEMENT
March 6, 1975
Mr. Burrell N. Whitmire President
Brotherhood of Locomotive Engineers
1365 Ontario Street
Cleveland, Ohio 44114
Dear Mr. Whitmire:
This confirms our understanding that an engineer who, while working as fireman, had become eligible to count in qualifying for a vacation prior service rendered for the carrier in a class or classes of service not covered by the operating employees’ Vacation Agreement of April 29, 1949, may continue to count such prior service while working as engineer.
If you concur would you please sign below.
Yours very truly,
William H. Dempsey
I concur:
Burrell N. Whitmire
March 6, 1975
Mr. Burrell N. Whitmire President
Brotherhood of Locomotive Engineers
1365 Ontario Street Cleveland, Ohio 44114
Dear Mr. Whitmire:
This is to confirm our understanding that the provisions of Article VIII, Section 2, of the Agreement of March 6, 1975, are not applicable to notices seeking to adjust compensation with respect to compensation
relationships between the engineer and other members of the crew on a carrier where compensation has been changed for other members of the crew due to a change in crew consist.
Any organization (BLE) notice pending on the date of this letter of understanding which relates to the subject matter of this letter need not be withdrawn and may be progressed pursuant to the procedures of the Railway Labor Act provided that the General Chairman advises the carrier in writing that the notice is limited to the subject matter of this letter and affords the carrier a reasonable opportunity to serve for concurrent handling counter-proposals which are limited by the provisions of Article VIII, Section 2, of the Agreement of March 6, 1975.
letter.
Will you please record your confirmation by signing a copy of this
Yours very truly,
William H. Dempsey CONFIRMED
Burrell N. Whitmire, President
Brotherhood of Locomotive Engineers
1
March 6, 1975
Mr. Burrell N. Whitmire President
Brotherhood of Locomotive Engineers 1365 Ontario Street
Cleveland, Ohio 44114
Dear Mr. Whitmire:
This records our understanding with respect to Article VIII, Sections 2(c)(1), 2(c)(2) and 2(c)(4) of the Agreement of March 6, 1975 — the moratorium provision — that if the procedures of the Railway Labor Act are exhausted prior to January 1, 1978, with respect to any Section 6 Notices of either the organization or the carriers on proposals covered by the moratorium, self-help will not be available prior to January 1, 1978.
This understanding is not applicable with respect to matters covered by the provisions in Section 2(c)(3) of the moratorium. As to such matters the provisions of Section 2(d) will apply and notices referred to therein served after December 31, 1975 may be progressed under the provisions of the Railway Labor Act, as amended.
If you concur, would you please sign below.
Yours very truly,
William H. Dempsey
I concur:
Burrell N. Whitmire, President
Brotherhood of Locomotive Engineers
