BLE
July 26, 1978
MEDIATION AGREEMENT DATED JULY 26, 1978
between railroads represented by the
NATIONAL CARRIERS’ CONFERENCE COMMITTEE
and
employees of such railroads represented by the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Case No. – – 10224
MEDIATION AGREEMENT
CASE A-10222
THIS AGREEMENT, made this 25th day of August 1978 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 / 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) |
(*) In implementation of the provisions of the Agreement entered into on this date, amending the Agreements of July 19, 1972 relating to Manning and Training, effective September 1, 1978, the rates of pay in the weight-on-drivers bracket 450,000 and less than 500,000 pounds, as increased under this Section 1, will be the minimum standard rates of pay for fireman in yard service.
Section 2 – Second General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective October 1, 1978, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on September 30, 1978, shall be increased by an amount equal to 2 percent, computed and applied for enginemen in the manner prescribed in Section 1 above.
The amount of cost-of-living allowance which remains in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(f) hereof 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 2, which is a part of this Agreement.
Section 3 – Third General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective July 1, 1979, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Onion in effect on June 30, 1979, shall be increased by an amount equal to 4 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The amount of any coat-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(f) hereof, 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 will be subsequently published.
Section 4 – Fourth General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective July 1, 1930, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1980 shall be increased by an amount equal to 5 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The ascent of any cost-of-living allowance which nay remain in effect after a portion of the allowance has been Incorporated into basic rates pursuant to Article II, Section 1(f) hereof, 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 will be subsequently published.
Section 5 – Application of Wage Increases
Section 6 – General Wage Increases for Dining Car Stewards and Yardmasters
Effective April 1, 1978 all basic monthly rates of pay of dining car stewards and yardmasters represented by the United Transportation Union in effect on March 31i 1978 shall be increased by 3 percent. The amount of cost-of-living allowance which remained in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(d) of the Agreement of January 29, 1975 will not be included with basic rates in computing the amount of this increase.
The rates produced by such increase shall be further increased as follows:
Effective October 1, 1978 – 2%
The amount of cost-of-living allowance which remains in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(f) hereof, will not be included with basic rates in computing the amount of this increase.
Effective July 1, 1979 – 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(f) hereof, will not be included with basic rates in computing the amount of this increase.
Effective July 1, 1980 – 5%
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(f) hereof, 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 1(f) of Article II, will not be reduced under Article II.
Section 1 – Amount and Effective Dates of Cost-of-Living Adjustments
| Base Month | Measurement Month | Effective Date of Adjustment |
|---|---|---|
| March 1978 | September 1978 | January 1, 1979 |
| September 1978 | March 1979 | July 1, 1979 |
| March 1979 | September 1979 | January 1, 1980 |
| September 1979 | March 1980 | July 1, 1980 |
| March 1980 | September 1980 | January 1, 1981 |
| Effective Date of Adjustment | Maximum C.P.I. Increase Which May Be Taken into Account |
|---|---|
| January 1, 1979 | 4% of March 1978 CPI |
| July 1, 1979 | 8% of March 1978 CPI, less increase from March to September 1978 |
| January 1, 1980 | 4% of March 1979 CPI |
| July 1, 1980 | 8% of March 1979 CPI, less increase from March to September 1979 |
| January 1, 1981 | 4% of March 1980 CPI |
The cost-of-living allowance of 18 cents per hour which will become effective December 31, 1978 as result of application of paragraph (f)(i) will be adjusted (increased or decreased) effective January 1, 1979 by the whole number of cents produced by dividing by 0.3 the number of points (including tenths of points) change, as limited by paragraph (g) above, in the BLS Consumer Price Index during the measurement period from the base month of March 1978 to the measurement month of September 1978. Any residual tenths of a point resulting from such division will be dropped. The result of such division will be added to the amount of the allowance which will have become effective December 31, 1978 if the Consumer Price Index will have been higher at the end than at the beginning of the measurement period, and subtracted there from only if the index will have been lower at the end than at the beginning of the measurement period. The same procedure will be followed in applying subsequent adjustments.
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(f). Such allowance will be applied as follows:
Insofar as applicable to employees represented by the United Transportation Union, the Vacation Agreement dated April 29, 19^9, as amended, is further amended effective January 1, 1979, by substituting the following Section 1(c) and 1(d) for the corresponding provisions contained in Section 1 of Article III of the Agreement of January 27, 1972:
(c) Effective January 1, 1979, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 19^9 Vacation Agreement, having nine or more years of continuous service with employing carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 19^9 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said nine or more years of continuous service renders service of not less than fourteen hundred forty (1440) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the effective date of the provisions of Article 3 of Agreement “A” dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year I960, in the application of this Section 1(c) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.) ‘
Beginning with the year I960 on all other carriers, in the application of this Section l(c) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)
(d) Effective January 1, 1979, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 19^9 Vacation Agreement, having eighteen or more years of continuous service with employing carrier will be qualified for an annual vacation of four weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 19^9 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said eighteen or more years of continuous service renders service of not less than twenty-eight hundred eighty (2880) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the effective date of the provisions of Article 3 of Agreement “A” dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year I960, in the application of this Section l(d) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)
Beginning with the year I960 on all other carriers, in the application of this Section l(d) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)
(The NOTE referred to in Sections 1(c) and 1 d) above reads as follows:
“NOTE: – In the application of Section 1(a), (b), (c), (d) and (e), qualifying years accumulated, also qualifying requirements for years accumulated, prior to the effective date of the respective provisions hereof, for extended vacations shall not be changed.”)
HEALTH AND WELFARE BENEFITS; EARLY RETIREMENT MAJOR MEDICAL EXPENSE BENEFITS; AND DENTAL BENEFITS.
PART A. HEALTH AND WELFARE BENEFITS
Section 1. Continuation of Plan. The benefits now provided under The Railroad Employees National Health and Welfare Plan, modified as provided in Sections 2 and 3 below, will be continued subject to the provisions of the Railway Labor Act, as amended. Contributions to the Plan will be offset by the expeditious use of such amounts as may at any time be in Special Account A or in one or more special accounts or funds maintained by the insurer in connection with Group Policy Contract GA-23000, and by the use of funds held in trust that are not otherwise needed to pay claims, premiums or administrative expenses which are payable from trust. Detailed contract language specifying*the new benefits and the changes in existing benefit and eligibility provisions is to be worked out by the Joint Policyholder Committee with the insurer.
Section 2. Benefit Changes. The following benefit changes will be made effective as of January 1, 1979:
all further “covered expenses” of that individual in that calendar year which would otherwise come under the 80%/20% coinsurance provisions will instead be reimbursed under the major medical expense benefit provisions on a 100% basis. The four exclusions in the major medical expense benefit section will apply to this benefit.
Section 3. Eligibility. The provision under which a new employee becomes a Qualifying Employee, and may become insured and eligible for benefits, on the first day of the first calendar month starting after such employee has completed 30 continuous days during which he has maintained an employment relationship, will be changed to provide that a new employee (employed on or after August 1, 1978) will become a qualifying employee on the first day of the first calendar month starting after such employee has completed 60 continuous days during which he has maintained an employment relationship.
Section 4. Restructuring. The parties to this Agreement will seek to work out with the insurer reasonable and practicable arrangements designed to decrease federal income taxes payable by the insurer in connection with the Plan, to decrease the insurer’s reserves for its liabilities under the Plan, or otherwise to lessen the cost of maintaining the Plan without decreasing the benefits or services that the Plan provides.
PART B. EARLY RETIREMENT MAJOR MEDICAL EXPENSE BENEFIT
Section 1. Establishment and Effective Date. The railroads will establish an Early Retirement Major Medical Benefit Plan to provide specified major medical expense benefits for certain retired or disabled railroad employees and their dependents, to become effective August 1, 1978 and to continue subject to the provisions of the Railway Labor Act, as amended, according to the following provisions:
Note: As used in this paragraph, “Medicare” means the full measure of benefits under the Health Insurance for the Aged and Disabled Program under Title XVIII of the Social Security Act, as amended, which are normally available to an individual at age 65 or on general disability. Benefits under the Plan will be adjusted to avoid duplication with any other Medicare benefits.
Section 2. Administration.
Section 3. Employees of Hospital Association Railroads.
Hospital association railroads will pay the respective hospital associations such portion of the cost of the plan as is attributable to coverage for retired employees (but not for their dependents) contingent on commitments* from the hospital associations to provide benefits similar to those provided by the plan to such retired employees of the respective railroads as meet the above eligibility requirements and were members of the hospital association. In absence of such a commitment, no payment such as provided for in this paragraph shall be made to the hospital association involved, and the employees involved will be regarded as employees of a hospital association railroad for purposes of eligibility for early retirement medical benefits but shall be provided such benefits under the national plan the same as employees of non-hospital association railroads. On a railroad on which the hospital association has furnished such a commitment, individual retired or disabled employees who had not been members of the hospital association or who had been such members but elected to leave the association on discontinuing active railroad service, or who forego association benefits, will not have an option of electing coverage under the national plan; nor on a railroad on which there has been no such commitment from the hospital association will individual employees have an option of electing hospital association coverage in place of coverage under the national plan.
*Including acceptance of the following obligation: If a hospital association having furnished the commitment referred to in Section 3 should subsequently withdraw such commitment, the employees involved will thereafter be provided their benefits under the national plan as provided in the second sentence of Section 3. If any special contribution to the national plan is required to cover any liability which the hospital association may have incurred during the period it covered the employees involved (and while it was receiving the contribution identified in the first sentence of Section 3), which liability the national plan assumes by reason of the employees’ coverage being transferred from the hospital association to the national plan, such special contribution will be made by the hospital association.
PART C. DENTAL BENEFITS
Section 1. Continuation of Plan. The benefits now provided under The Railroad Employees National Dental Flan, modified as provided in Sections 2 and 3 below, will be continued subject to the provisions of the Railway Labor Act, as amended. Detailed contract language specifying the changes in existing benefit and eligibility provisions is to be worked out by the Policyholder with the insurer.
Section 2. Benefit Changes. The following changes in the benefit area will be made effective as of November 1, 1978:
Section 3. Orthodontia. No change will be made with respect to benefits for orthodontia, except for the extended coverage provision described in paragraph c. of Section 2 above.
PART D. GENERAL
National Health Legislation. In the event that national health legislation should be enacted, benefits provided under The Railroad Employees National Health and Welfare Plan, The Early Retirement Major Medical Benefit Plan, and The Railroad Employees National Dental Plan with respect to a type of expense which is a covered expense under such legislation will be integrated so as to avoid duplication, and the parties will agree upon the disposition of any resulting savings.
Effective fifteen (15) days after the date of this Agreement, Article V of the January 27, 1972 Agreement is amended to read as follows:
When an employee is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum of a basic day’s pay at the straight time rate of his position for each calendar day lost less the amount allowed him for jury service for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitations:
(1) An employee must furnish the carrier with a statement from the court of jury allowances paid and the days on which jury duty was performed.
(2) The number of days for which jury duty pay shall be paid is limited to a maximum of 60 days in any calendar year.
(3) No jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay.
Effective October 1, 1978, the meal allowance provided for in Article II, Section 2, of the June 25, 1964 National Agreement, as amended by Article XI, Section 2, of the January 27, 1972 National Agreement, is increased from $2.00 to $2.75.
Section 1 – Probationary Period
Applications for employment will be rejected within sixty (60) calendar days after seniority date is established, or applicant shall be considered accepted. Applications rejected by the carrier must be declined in writing to the applicant.
Section 2 – Omission or Falsification of Information
An employee who has been accepted for employment in accordance with Section 1 will not be terminated or disciplined by the carrier for furnishing incorrect information in connection with an application for employment or for withholding information therefrom unless the information involved was of such a nature that the employee would not have been hired if the carrier had had timely knowledge of it.
Section 1
At points where yard crews are employed, combination road-yard service zones may be established within which yard engine crews may be used to perform specified service outside of switching limits under the following conditions:
(a) Road-Yard Service Zones for industrial switching purposes are limited to a distance not to exceed ten (10) miles, or the entrance switch to the last industry, whichever is the lesser. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise.
(b) Within Road-Yard Service Zones, yard engine crews may be used only to meet customer service requirements for the delivery, switching, or pick up of cars which were not available or ready for handling by the road crew or crews normally performing the service or which are required to be expedited for movement into the yard before arrival of said road crew or crews. Yard engine crews may be used to perform such service without any additional compensation and without penalty payments to road crews.
NOTE: The use of yard engine crews in Road-Yard Service Zones is restricted to the specific service required or requested by the customer and they may not be used indiscriminately to perform any other additional work.
(c) The use of yard engine crews in Road-Yard Service Zones established under this Article may not be used to reduce or eliminate road crew assignments working within such zones.
(d) Nothing in this Section 1 is intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this agreement.
Section 2
At points where yard crews are employed, combination road-yard service zones may be established within which yard engine crews may be used to perform specified service outside of switching limits under the following conditions:
(a) Road-Yard Service Zones for purposes of this Section 2 are limited to a distance not to exceed fifteen (15) miles for the purpose of handling disabled trains or trains tied up under the Hours of Service Act. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise.
(b) Within Road-Yard Service Zones, yard engine crews may be used to handle disabled road trains or those tied up under the Hours of Service Act outside their final terminal without penalty to road crews. For such service yard engine crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction there from for the time consumed outside of switching limits.
(c) Nothing in this Section 2 is intended to impose restrictions with respect to handling disabled road trains or those tied up under the Hours of Service Act beyond the 15-mile road-yard service zones, established under this section where restrictions did not exist prior to the date of this agreement.
(d) This Section 2 shall become effective unless a carrier elects to preserve existing rules or practices by notifying the authorized employee representatives within fifteen (15) days after the date of this agreement.
Section 3
Time consumed by yard engine crews in Road-Yard Service Zones established under this Article will not be subject to equalization as between road and yard service crews and/or employees.
This Article shall become effective fifteen (15) days after the date of this Agreement.
Section 1 – Service First 12-Months
Employees entering service on and after the effective date of this Article shall be paid as follows for all service performed within the first twelve (12) calendar months of service when working in a capacity other than conductor (foreman), footboard yardmaster, yardmaster, car retarder operator or engineer:
Section 2 – Preservation of Lower Rates
Agreements which provide for training or entry rates that are lower than those provided for in Section 1 are preserved. If such agreements provide for payment at the lower rate for less than the first twelve (12) months of actual service, Section 1 of this Article will be applicable during any portion of that period in which such lower rate is not applicable.
This Article shall become effective fifteen (15) days after the date of this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representative on or before such effective date.
Article IV (b) of the March 10, 1969 Brotherhood of Locomotive Engineers Agreement is hereby amended to read as follows:
(b) Payments to be made:
at any one of the losses enumerated in subparagraphs (1), (2) and (3) below results from an injury sustained directly from an accident covered in paragraph (a) and independently of all other causes and such loss occurs or commences within the time limits set forth in subparagraphs (1), (2) and (3) below, the carrier will provide, subject to the terms and conditions herein contained, and less any amounts payable under Group Policy Contract GAA23000 of The Travelers Insurance Company or any other medical or insurance policy or plan paid for in its entirety by the carrier, the following benefits:
(1) Accidental Death or Dismemberment
The carrier will provide for loss of life or dismemberment occurring within 120 days after date of an accident covered in paragraph (a):
“Loss” shall mean, with regard to hands and feet, dismemberment by severance through or above wrist or ankle joints; with regard to eyes, entire and irrecoverable loss of sight.
No more than $150,000 will be paid under this paragraph to any one employee or his personal representative as a result of any one accident.
(2) Medical and Hospital Care
The carrier will provide payment for the actual expense of medical and hospital care commencing within 120 days after an accident covered under paragraph (a) of injuries incurred as a result of such accident, subject to limitation of $3,000 for any employee for any one accident, less any amounts payable under Group Policy Contract GAA23000 of The Travelers Insurance Company or under any other medical or insurance policy or plan paid for in its entirety by the carrier.
(3) Time Loss
The carrier will provide an employee who is injured as a result of an accident covered under paragraph (a) hereof and who is unable to work as a result thereof commencing within 30 days after such accident 80% of the employee’s basic full-time weekly compensation from the carrier for time actually lost, subject to a maximum payment of $150.00 per week for time lost during a period of 156 continuous weeks following such accident provided, however, that such weekly payment shall be reduced by such amounts as the employee is entitled to receive as sickness benefits under provisions of the Railroad
Unemployment Insurance Act.
(4) Aggregate Limit
The aggregate amount of payments to be made hereunder is limited to $1,000,000 for any one accident and the carrier shall not be liable for any amount in excess of $1,000,000 for any one accident irrespective of the number of injuries or deaths, which occur in or as a result of such accident. If the aggregate amount of payments–otherwise payable hereunder exceeds the aggregate limit herein provided, the carrier shall not be required to pay as respects each separate employee a greater proportion of such payments than the aggregate limit set forth herein bears to the aggregate amount of all such payments.
Agreement.
This Article will become effective 90 days after the date of this
Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee’s brother, sister, parent, child, spouse or spouse’s parent. In such cases a minimum basic day’s pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner.
This Article shall become effective fifteen (15) days after the date of this Agreement.
ARTICLE XII – JOINT LABOR-MANAGEMENT COMMITTEE
Section 1 – There is hereby established a joint labor-management committee to consider certain proposals not resolved by this Agreement. The Committee shall consist of four (4) members to be appointed within thirty (30) days of the date of this Agreement – two (2) by the Brotherhood of Locomotive Engineers and two (2) by the National Carriers’ Conference Committee.
Section 2 – The Committee established by Section 1 is authorized and directed to investigate the issues raised by the organization’s proposals for a uniform Discipline Rule and Procedures and a uniform Physical Examination Rule and Procedures. The method and procedures for handling the issues are left to the discretion of the Committee; however, it shall make its report and recommendations to the parties no later than eighteen (18) months after the date of this Agreement.
Section 3 – The parties to this Agreement shall promptly resume negotiations following receipt of the Committees report and recommendations for the purpose of reaching agreement on discipline rules and procedures and physical examination rules and procedures which can be recommended for adoption to the individual railroads and the individual Brotherhood of Locomotive Engineers’ General Committees of Adjustment on such railroads.
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
Any pending notices which propose such matters are hereby withdrawn.
SIGNED AT WASHINGTON, D. C. THIS 25TH DAY OF AUGUST, 1978.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED BY THE LISTED IN EXHIBIT A: BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
C.I. Hopkins, Jr. John F. Sytsma
Chairman President
SIGNATURES NOT REPRODUCED
RATE TABLES NOT REPRODUCED
July 26, 1978
Mr. John F. Sytsma, President
Brotherhood of Locomotive Engineers
Brotherhood of Locomotive Engineers Building
1365 Ontario Street, Room 1110
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This refers to discussions during negotiations of the July 26, 1978 National Agreement to which this letter is appended in connection with the organization’s notices concerning a training program for locomotive engineers.
The National Carriers’ Conference Committee will join with you at the national level during the terms of this Agreement to develop methods of evaluating ant improving the quantity and quality of locomotive engineer training which can be recommended to the individual railroads for their consideration in the design and implementation of their respective training programs.
Will you please indicate your concurrence by affixing your signature in the space provided below?
Yours very truly,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
July 26, 1978
Mr. John F. Sytsma, President
Brotherhood of Locomotive Engineers,
Brotherhood of Locomotive Engineers Building,
1365 Ontario Street, Room 1110,
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This is to confirm our understanding that the provisions of Article XIII of the Agreement of July 26, 1978, are not applicable to pending notices, or new notices which may be served, seeking to adjust compensation with respect to compensation relationships between the engineer and other members where compensation, regardless of how derived, has been changed for other members of the crew due to a change in crew consist.
Any organization notice served which meets these conditions may be progressed pursuant to the procedures of the Railway Labor Act, as amended.
It is understood that the pending national notice is withdrawn on all railroads except those which have negotiated crew consist agreements on or before the Agreement of July 26, 1978, which have changed the compensation for other crew members and on such railroads the national notice as circumscribed in the first paragraph above will be remanded and negotiations shall proceed on those railroads as if such notice hat been served locally.
Will you please indicate your concurrence by affixing your signature in the space provided below?
Yours very truly,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
NATIONAL RAILWAY LABOR CONFERENCE
1901 L STREET, N.W., WASHINGTON, D.C. 200361
AREA CODE: 202 862-7200
Mr. John F. Sytsma, President
Brotherhood of Locomotive Engineers
Brotherhood of Locomotive Engineers Building
1365 Ontario Street, Room 1110
Cleveland, Ohio 44114
Dear Mr. Sytsma:
The parties agree to address the subject of short turnaround passenger service without delay and in a genuine effort to identify problems and seek solutions. The National Carriers’ Conference Committee will appoint to a task force an appropriate number of carrier executives who are versed in the subject matter. The Brotherhood of Locomotive Engineers will appoint to the task force an appropriate number of representatives who likewise are knowledgeable of the subject matter.
The task force will be charged with responsibility to convene at an early date to establish guidelines, procedures and timetable. The mission of the task force shall be (1) to identify and define problems of concern to the Brotherhood of Locomotive Engineers and those of concern to the carriers; (2) to weigh alternatives for dealing with any problems so defined; (3) to recommend to the appropriate carriers and the Brotherhood ways and means for reconciling differences and resolving problems.
While the task force shall have reasonable latitude as to its methods and schedule, it is expected that it will complete its work and report to the parties not later than 18 months from the date hereof.
The report and recommendations will be submitted for consideration to the chief labor relation’s officials of the carriers and to the President of the Brotherhood of Locomotive Engineers.
Will you please indicate your concurrence by affixing your signature in the space provided below?
Yours very truly,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
July 26, 1978
Mr. John F. Sytsma, President
Brotherhood of Locomotive Engineers
Brotherhood of Locomotive Engineers Building
1365 Ontario Street, Room 1110
Cleveland, Ohio 44114
Dear Mr. Sytsma:
In accordance with our understanding, this is to confirm that the carriers will make all reasonable efforts to make the retroactive increase payments provided for in the Agreement signed today as soon as possible.
If a carrier finds it impossible to make the retroactivity payments within sixty days, it is understood that such carrier will notify you in writing as to why such payments have not been made and indicate when it will be possible to make such retroactive payments.
Yours very truly,
C. I. Hopkin, Jr.
July 26, 1978
Mr. John F. Sytsma, President
Brotherhood of Locomotive Engineers
Brotherhood of Locomotive Engineers Building
1365 Ontario Street
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This is to confirm our understanding that Item D of the notice served by railroads generally on or about June 13, 1977 for concurrent handling with the organizations proposals served at various times during 1977 (comprising NMB Case AA10224) is hereby withdrawn and that such Item D shall be considered as not having been served.
Will you please indicate your concurrence by affixing your signature in the space provided below?
Yours very truly,
C. I. Hopkin, Jr.
I concur:
John F. Sytsma
July 26, 1978
Mr. John F. Sytsma, President
Brotherhood of Locomotive Engineers
Brotherhood of Locomotive Engineers Building
1365 Ontario Street, Room 1110
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This concerns your notice identified as Held-Away-From-Home Terminal served during 1977 and withdrawn as part of this Agreement. In recognition of your organizations continuing intent to correct those situations where in your view employees represented by BLE are held at their away from home terminal for inadequate reasons, the National Carriers’ Conference Committee is prepared to confer with you on any such matter that is not resolved on a local basis and to use its best efforts to find a mutually satisfactory resolution.
Will you please indicate your concurrence by affixing your signature in the space provided below?
Yours very truly,
C. I. Hopkins, Jr.
Concur:
John F. Sytsma
