AGREED UPON IMPLEMENTATION OF PUBLIC LAW 97-262
THIS AGREEMENT, made this 15th day of October, 1982 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 / Condition |
|---|---|
| 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 |
Less than 500,000 pounds (separate computation 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, 1981, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on September 30, 1981, shall be increased by an amount equal to 3 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The cost-of-living allowance of 90 cents per hour in effect on September 30, 1981 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, 1982, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1982, shall be increased by an amount equal to 3 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The cost-of-living allowance of $1.25 per hour in effect on June 30, 1982 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, 1983, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1983, shall be increased by an amount equal to 3 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The amount of the cost-of-living allowance which will be in effect on June 30, 1983 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 4, which is a part of this Agreement.
Section 5 – Application of Wage Increases
Section 6 – General Wage Increases for Dining Car Stewards and Yardmasters
Effective April 1, 1981 all basic monthly rates of pay of dining car stewards and yardmasters represented by the United Transportation Union in effect on March 31, 1981 shall be increased by 2 percent. The cost-of-living allowance of 584 per hour in effect on March 31, 1981 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, 1981 – 3% The cost-of-living allowance of 90 cents per hour in effect on September 30, 1981 will not be included with basic rates in computing the amount of this increase.
Effective July 1, 1982 – 3X The cost-of-living allowance of $1.25 per hour in effect on June 30, 1982 will not be included with basic rates in computing the amount of this increase.
Effective July 1, 1-983 – 3% The amount of the cost-of-living allowance which will be in effect on June 30, 1983 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(g) of Article II, will not be reduced under Article II.- 5 –
Section 1 – Amount and Effective Dates of Cost-of-Living Adjustments
| Base Month | Measurement Month | Effective Date of Adjustment |
|---|---|---|
| March 1982 | September 1982 | January 1, 1983 |
| September 1982 | March 1983 | July 1, 1983 |
| March 1983 | September 1983 | January 1, 1984 |
| Effective Date of Adjustment | Maximum C.P.I. Increase Which May Be Taken into Account |
|---|---|
| January 1, 1983 | 4% of March 1982 CPI |
| July 1, 1983 | 8% of March 1982 CPI, less the increase from March 1982 to September 1982 |
| January 1, 1984 | 4% of March 1983 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 therefrom 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, 1949, as amended, is further amended effective January 1, 1982, by substituting the following Section l(c), l(d) and l(h) for the corresponding provisions container! in Section 1, as previously amended:
(c) Effective January 1, 198-2, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having eight 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, 1949 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 eight or more years of continuous service renders service of not less than one thousand two hundred and eighty (1280) 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 1960, in the application of this Section l(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 1960 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, 1982, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having seventeen 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, 1949 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 seventeen or more years of continuous service renders service of not less than two thousand seven hundred and twenty (2720) 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 1960, 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 1960 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 l(c) and l(d) above reads as follows:
“NOTE: – In the application of Section l(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.”)
(h) Where an employee is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.
Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing three hundred twenty (320) basic days under Section l(b), one thousand two hundred and eighty (1280) basic days under Section l(c), two thousand seven hundred and twenty (2720) basic days under Section l(d), and four thousand (4000) basic days under Section l(e).
Effective January 1, 1983, the national holiday provisions will be revised to add the day after Thanksgiving Day and to substitute New Year’s Eve (the day before New Year’s Day is observed) for Veterans Day.
The holiday pay qualifications for Christmas Eve – Christmas shall also be applicable to the Thanksgiving Day – day after Thanksgiving Day and the New Year’s Eve – New Year’s Day holidays.
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 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 effectuating all changes in the Plan called for by this Agreement will be worked out by the Joint Policyholder Committee with the insurer.
Section 2. Benefit Changes
The following benefit changes will be made effective on the first day of the month after the month in which this Agreement becomes effective:
Section 3. Eligibility
The provision under which a new employee becomes a Qualifying Employee, and may become covered and eligible for benefits, 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, will be changed to provide that a new employee (employed on or after the first day of the calendar month following the month in which this agreement is executed) will become a Qualifying Employee on the first day of the first calendar month starting after the day on which such employee first performs compensated service; provided, however, that no employee or dependent health benefits described in Article VII of Group Policy Contract GA-23000, other than the major medical benefits described in Part J thereof, will be payable to or on behalf of an employee until the expiration of twelve months after the month during which he first performs compensated service.
Section 4. Coverage for Dependents Health Benefits
If an employee is covered immediately prior to his death with respect to an eligible dependent’s health benefits described in Article VII of Group Policy Contract GA-23000, such coverage will continue with respect to those benefits until the end of the fourth month following the month in which the employee’s death occurred.
Section 5. Suspended and Dismissed Employees
An employee who is suspended or dismissed from service and is thereafter awarded full back pay for all time lost as a result of such suspension or dismissal will be covered under the Plan as if he or she had not been suspended or dismissed in the first place.- 13 –
DENTAL BENEFITS Section 1. Continuation of Plan
The benefits now provided under The Railroad Employees National Dental Plan, modified as provided below, will be continued subject to the provisions of the Railway Labor Act, as amended* Detailed contract language effectuating all changes in the Plan called for by this Agreement will be worked out by the National Carriers’ Conference Committee with the insurer.
Section 2. Benefit Changes
The following benefit changes will be made effective on the first day of the month after the month in which this Agreement becomes effective:
Section 1. Continuation of Plan
The benefits now provided under The Railroad Employees National Early Retirement Major Medical Benefit Plan, modified as provided below, will be continued subject to the provisions of the Railway Labor Act, as amended. Detailed contract language effectuating all changes in the Plan called for by this Agreement will be worked out by the National Carriers’ Conference Committee with the insurer.
Section 2. Benefit Changes
The following benefit change will be made effective on the first day of the month after the month in which this Agreement becomes effective: The maximum amount payable with respect to any retired or disabled employee covered by the Plan or to any eligible dependent of such a retired or disabled employee will be increased from $50,000 to $75,000.
In the event that national health legislation should be enacted, benefits provided under The Railroad Employees National Health and Welfare Plan, The Railroad Employees National 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 December 1, 1982, the meal allowance provided for in Article II, Section 2, of the June 25, 1964 National Agreement, as amended, is increased from $2.75 to $3.85.
Section 1. Pursuant to the recommendations of Emergency Board No. 195 the parties signatory to this Agreement hereby establish a Study Commission consisting of three partisan members representing the carriers, three partisan members representing the United Transportation Union and a neutral member who shall be Chairman. The Chairman shall be selected by the partisan members within 30 days from the date of this Agreement. If the partisan members of the Commission cannot agree on the Chairman within such 30 days, the partisan members shall request the National Mediation Board to confer with the members and within 15 days of such request select a Chairman.
Section 2. The Commission is authorized and directed to investigate and consider in accordance with the recommendations of Emergency Board No. 195 the subject matters listed below:
Section 3. The Commission shall promptly establish its operating procedures, including the formulation of a schedule designed to expedite and enhance the opportunity to reach agreement on all issues at the earliest possible date. The Chairman shall have authority to resolve any differences between the members with respect to determining the procedures under which ° it will operate, scheduling meetings and the priorities for consideration of the issues. In the event the Chairman is unable to continue his assignment or the partisan members unanimously concur that a successor should be appointed, the procedures set forth above shall be followed in selecting a replacement.- 20 –
Section 4. In consultation with the members, the Chairman shall promptly establish a time table for negotiations between the parties on the issues submitted to the Commission. If, after 90 days from the date such negotiations begin, the parties have failed to reach agreement or demonstrate evidence of substantial progress in resolving the issues, the Chairman shall convene hearings on the matters in dispute and formulate substantive guidelines to further advance negotiations. The parties shall then negotiate within these guidelines for a period not to exceed 60 days.
Section 5. If, at the end of such 60 day period, agreement has not been reached on all issues, the Chairman shall make recommendations to the parties for disposing of all unresolved issues not later than December 1, 1983. While the recommendations of the Chairman shall not be considered final and binding, the parties affirm their good faith intentions to give full consideration to such recommendations as a means of resolving such matters.
Section 6. The Study Commission shall terminate, unless otherwise agreed to by the parties, 30 days from the date the recommendations have been made.
Section 7. If the parties are unable to resolve all of the issues covered thereby, either party may serve proposals within the framework of any such recommendations in accordance with the Railway Labor Act and the provisions of Article XIII, Section 2(c) of this Agreement.
In lieu of personal leave days, a lump-sum payment of $200.00 shall be made not later than the first payroll period ending in July, 1983, to employees covered by this Agreement who (a) have had an employment relationship with their employing carrier under the Agreement with the organization signatory hereto as of April 1, 1981, (b) have continued such employment relationship up to December 31, 1982 and (c) have performed compensated service under such Agreement during the period from April 1, 1981 to December 31, 1982.
There shall be no duplication of lump-sum payments by virtue of employment under an agreement with another organization.
An employee who otherwise meets all of the qualifications outlined above except that he did not have an employment relationship as of the dates specified above because he had been dismissed from service and such employee subsequently is or has been reinstated with seniority unimpaired will be considered eligible to receive the lump-sum payment.
The receipt of the lump-sum payment by an employee will not be considered a factor in connection with nor trigger any other benefit or compensation provided by agreement, such as health and welfare, vacations and guarantees.- 21 –
Section I – Court Approval
This Agreement is subject to approval of the courts with respect Co participating carriers in the hands of receivers or trustees.
Section 2 – Effect of this Agreement
and any pending notices which propose such matters are hereby withdrawn.
SIGNED AT WASHINGTON, D.C. THIS 15TH DAY OF OCTOBER, 1982.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES
LISTED IN EXHIBIT A: REPRESENTED BY
THE BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
Charles I. Hopkins, Jr. John F. Sytsma Chairman President
SIGNATURES NOT REPRODUCED
NATIONAL RAILWAY LABOR CONFERENCE
1901 L STREET. N W Washington D.C 2a-
CHARLES L HOPKINS, Jr.
SIDE LETTERS TO THE AGREEMENT
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers 1112 B of LE Building
1365 Ontario Avenue Cleveland, Ohio 44114
Dear Mr. Sytsma:
This confirms our understanding with respect to the procedure for selecting a Chairman of the Study Commission pursuant to Article X, Section 1 of the September 28, 1982 National Agreement. It is understood that if the partisan members are unable to agree upon a Chairman and the National Mediation Board is requested to select such Chairman, the Board shall refrain from appointing any person that had been rejected by either party during their deliberations and attempts to reach agreement on the selection of a Chairman.
This also confirms our understanding that the salary and expenses of the Chairman of the Study Commission, as provided for in Article X, of the September 28, 1982 National Agreement, will be shared equally by the parties. Furthermore, it is agreed that this understanding will not constitute any precedent concerning the payment of neutrals by the parties for any other purpose whatsoever.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue Cleveland, Ohio 44114
Dear Mr. Sytsma:
This will confirm our understanding that Article XI of the National Agreement dated September 28, 1982, providing a lump-sum payment in lieu of personal leave days, does not affect any local agreement on the subject of personal leave days.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue Cleveland, Ohio 44114
Dear Mr. Sytsma:
This refers to discussions during negotiations of the September 28, 1982 National Agreement to which this letter is appended concerning a training program for locomotive engineers.
The National Carriers’ Conference Committee will join with you at the national level to develop methods of evaluating and improving the quantity and quality of locomotive engineer training which can be recommended to the individual railroads for their consideration in the design ant implementation of their respective training programs.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers 1112 B of LE Building
1365 Ontario Avenue Cleveland, Ohio 44114
Dear Mr. Sytsma:
This will confirm the understanding reached during the negotiations of the September 28, 1982 National Agreement that the Joint Labor-Management Committee established pursuant to the provisions of Article XII of the July 26, 1978 National Agreement shall be continued insofar as it was established to investigate the issues raised by the organizations proposals for a uniform Physical Examination Rule and Procedures.
Very truly yours,
C. I. Hopkins, Jr.
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This confirms our understanding that to the extent possible employees eligible for an additional week of vacation in 1982 because of the revisions provided for in Article III of this Agreement should be granted such additional vacation prior to the end of this calendar year. However, if the carrier is unable to grant this additional vacation benefit during the balance of this year, such employees shall be paid in lieu of that additional week of vacation.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma
President Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This will confirm our understanding that the provisions of Article XII of the September 28, 1982 National Agreement are not applicable to the notice served on railroads generally by the organization on October 20, 1979 (NMB Case No. A-10712).
It is understood that the carriers continue to preserve their position concerning the bargain ability and propriety of the proposals contained in the organization’s notice under the application of Article XIII of the July 26, 1978 National Agreement or otherwise. It is further understood that the organization disputes any contention that said notice and the proposals therein may not be bargain able and proper, or that negotiations thereon may be barred by the application of Article XIII of the July 26, 1978 National Agreement or otherwise.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This is to confirm our understanding that the provisions of Article XII of the September 28, 1982 National Agreement 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 of the crew 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 within, but not beyond, the peaceful procedures for resolving disputes which are provided for in the Railway Labor Act, as amended, i.e., into but not beyond mediation.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C.I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
A committee shall be established by the Joint Policyholders consisting of an equal number of organization and carrier representatives for the purpose of continuing exploration of ways to contain or decrease the costs of maintaining the National Health and Welfare Plan without decreasing the benefits or services that the plan provides. In pursuing cost containment measures the committee will be authorized to obtain and/or develop whatever information is necessary in order to determine where the Plan is incurring unnecessary or excessive expenses. The committee shall make such recommendations as it deems appropriate for implementing any of its findings.
The committee is also authorized to investigate ant recommend the implementation of new experimental programs on a community or other basis for the purpose of determining whether existing benefits can be provided in ways which may reduce costs to the Plan while at the same time preserving the services currently provided.
In addition, the committee may consider alternatives to the current Joint Policyholder arrangement, and consider submitting the Plan to competitive bidding; and in this process identify insurers that are fit and able to provide the services necessary in connection with the Plan, the election criteria and the bid specifications.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C.I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This will confirm our discussions during the negotiations of the September 28, 1982 National Agreement concerning the continuation of the Informal Disputes Committee which was established following the execution of the July 26, 1978 National Agreement.
Through utilization of the Informal Disputes Committee numerous questions concerning the application of that Agreement were resolved and the invocation of formal disputes procedures avoided.
Accordingly, with the view of continuing the success in this regard insofar as disputes involving the 1978 National Agreement are concerned and with the expectation that the same results can be achieved relative to disputes which may arise under the September 28, 1982 National Agreement, the Informal Disputes Committee previously established shall continue to function through the term of the September 28, 1982 National Agreement and is authorized to consider questions of application of its provisions that may arise for the purpose of providing a uniform application of such provisions.
The Informal Disputes Committee shall consist of two representatives appointed by the organization and two representatives appointed by the National Carriers’- Conference Committee.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
This confirms our understanding reached during negotiations leading to the September 28, 1982 National Agreement that the carriers’ withdrawal of their proposal with respect to entry rates is in recognition of the parties’ understanding that the subject of entry rates is covered by the subject matters submitted to the Study Commission established pursuant to Article X of this Agreement.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
John F. Sytsma
September 28, 1982
Mr. John F. Sytsma President
Brotherhood of Locomotive Engineers
1112 B of LE Building
1365 Ontario Avenue
Cleveland, Ohio 44114
Dear Mr. Sytsma:
In accordance with our understanding, this is to confirm that the carriers will make their best efforts to provide the retroactive wage increases in a single, separate check within sixty (60) days; however, it is understood a carrier which finds it impossible to make the retroactive payments within eighty (80) days will notify the General Chairman in writing as to why such payments have not been made and indicate when it will be possible to make such retroactive payments.
It is further understood that such retroactive wage increases are due only to employees who (a) have performed service during the period covered by the retroactive wage increases and (b) have continued their employment relationship up to the date hereof or have in the meantime either retired or died.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C.I. Hopkins, Jr.
I concur:
John F. Sytsma
