1966 BLE ATSF Agreement - Article 22

ARTICLE 22

Qualifying Engineers For Passenger Service

An engineer having two years’ experience as road engineer on other lines after having had six months’ experience on this line and other divisions over which he will run, will be allowed to handle passenger trains. In case of men promoted from firemen to engineers on this line, it should be understood that they are not to be called for passenger service unless they have had two years’ experience as road engineers and six months’ experience on the division on which to be used in passenger service.

NOTE: In applying the last sentence of this rule, engineers will be given credit for all actual service when used as a road engineer in emergency, or otherwise, in computing the two years’ service necessary to qualify for passenger service. The accumulation of 73,000 actual miles as an engineer in any class of road service will be considered as satisfying the requirements of this rule.

ARTICLE 23

Leaves of Absence, Service Letters,
Applications For Employment

(a) Leave of absence will not be granted engineers for more than ninety (90) days except as provided herein:

(b) An engineer who fails to report for duty at the expiration of the leave of absence shall be considered out of service, except that when failure to report on time is the result of unavoidable delay the leave will be extended to include such delay.

(c) In case of sickness or injury the Carrier will, upon written request supported by doctor’s recommendation, grant engineer leave of absence and extend such leave until engineer is released by the doctor, provided it shall be the obligation of the employee to request an extension to a leave of absence as soon as he is physically capable of doing so.

(d) Engineers accepting an elective or appointive position with a State Commission or the Interstate Commerce Commission or engaging in B. of L. E. Committee or Legislative work including Local, General or Grand Lodge offices, will, upon request, describing the nature of their work, be granted a leave of absence by letter for period so employed, including a 30-day separation period prior and subsequent to duration of assignment.

(e) It is further agreed, subject to approval of the General Chairman and the General Manager, the same privilege will be granted to engineers elected to City, County, State and Federal offices.

(f) It is mutually understood that, for record purposes, after leave of absence has been granted by letter as set forth in the foregoing, regular leave of absence form will be provided by the Carrier and signed by the employe.

(g) When engineers leave the service of the Company of their own volition, they shall not be reinstated.

(h) When engineers leave the service of the Company they shall be given letter stating time of their service, in what capacity employed, and cause for leaving the service. Such letter is to be given at the time of leaving service, and shall be signed and stamped by the Division Superintendent, and service letters from other roads shall be returned to them.

(i) Application for employment under this Agreement, if not satisfactory, will be rejected within sixty (60) calendar days after first service, or applicant will be considered accepted.

ARTICLE 24

Extra Engineers Laying Off or Not
Available For Call

An engineer on the freight extra board who is not available for call when he stands to protect other than pool freight service or who lays off when he stands to protect other than pool service will not be marked up on the extra board until the engineer who protects such service returns to the home terminal, at which time he will, if available, be marked up immediately behind the engineer who protected the service; provided, however, that if the call referred to in the foregoing is to protect service at an outside point, the engineer who does not protect his turn may, if he so desires, relieve the engineer who protects the service, no deadhead pay to be allowed the engineer who failed to protect his turn for either the trip to or from the outside point.

ARTICLE 25

Picking Up or Setting Out Diesel Units
Between Terminals

Road engineers on Diesel locomotives who are receiving road rates of pay and paid under rules applicable to road service, who are required to set out or pick up a Diesel unit (or units) between terminals of a particular run which involves the making or breaking of connections between the units by a member of the engine crew, will be paid 30 minutes at the pro rata rate of the trip. The allowance provided for herein shall be paid but once at each point where such service is performed, regardless of the number of units set out or picked up at such point. The term ”unit (or units)” is intended to mean a unit or units that were operated or are to be operated by the engineer on the run on which the service is performed.

The allowance provided for herein will not be applicable when a unit or units are picked up or set out because of mechanical failure.

This article does not convey a contractual right to the service referred to in the first paragraph of this article.

(From Article VI of National Agreement dated July 18, 1957.)

ARTICLE 26

Eating and Sleeping Accommodations

Road engineers will not be tied up between their terminals except at points where food and lodging can be procured.

(From Section 16 of National Agreement dated August 11, 1948.)

ARTICLE 27

Attending Lawsuits

(a) Engineers attending lawsuits or performing other similar service, in the interest of the Company, shall be allowed pay per day, according to class of service and location, as indicated below, and necessary expenses:

	Passenger	Freight	Yard

East of La Junta and Clovis	$23.17	$23.63	$23.51
West of La Junta and Clovis	$23.64	$24.10	$23.98

Attending Coroner’s Inquest

(b) When it is desired to notify an engineer he is to report as a witness at a coroner’s inquest in behalf of the Company; the following form will be used:

”Please arrange to be present as a witness at coroner’s inquest to be held at ____________________, date ___________________. Inquest of ______________.
”You are instructed to be present.”

(c) In case an engineer is wanted by the coroner and it is not of any interest to the Company whether he reports or not, the following form will be used:

”You are wanted as a witness in coroner’s inquest to be held at ______________ , date _________. Inquest of ________________.
”This on coroner’s request.”

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ARTICLE 28

Beginning and Ending of Day

On and Off Duty Points – Road Service

(a-1) In all classes of road service, an engineer’s time will begin at the time he is required to report for duty and continue until the engine is placed on the designated track and the engineer is relieved at the off duty point specified in the bulletin. The carrier shall designate by bulletin a point for engineers operating in freight and passenger service to go on duty and a point to go off duty at their terminals. The on and off duty point at the home terminal shall be the same, but may vary as between different classes of service. The management will designate the time for reporting for duty.

(a-2) On returning to the home terminal in service other than that in which he departed from his home terminal, the engineer will be continued on duty until he is released at the point at which he assumed duty on the outgoing trip.

NOTE 1: ”Designated point,” as used herein, means a fixed location such as engine tie-up track, yard office or station.

NOTE 2: Work trains tying up at outlying points will not be subject to the requirements of this rule at such outlying points.

Disputed Time Tickets

(b) When there is a dispute as to the amount which should be paid on time tickets, the amount the timekeepers decide to allow should be paid. If, after investigation, allowance is found to be incorrect, adjustment will be made.

ARTICLE 29

Investigations, Suspensions and Dismissals

(a) No engineer shall be suspended or dismissed from the service without first having a formal investigation, if desired, and his guilt established, except such as serious collision or intoxication.

(b) There shall be a board of inquiry composed of the Superintendent or his representative and a Mechanical Department representative; also, the engineer whose case is being investigated will, if he so desires, be represented on the board by an employe of his choice. Such board shall investigate the charges made. The right of appeal from local to general officers will be granted.

(c) If any witness remains present at any investigation, any other witness or witnesses desiring to do so may also remain present at such investigation.

(d) Where it is clear to the Superintendent or Trainmaster that an investigation is not necessary, and that certain discipline is necessary, same can be applied without formal investigation. However, in all such cases, the engineer who is disciplined should be advised in writing, stating that certain discipline has been applied, etc., and an acknowledgment should be required; that is, that he should acknowledge receipt of the notice. If the engineer fails to acknowledge receipt, he should be forced to do so. If the engineer, instead of accepting this discipline, should want an investigation, he should so state in writing in acknowledging receipt and then an investigation may be held according to the terms of this agreement.

(e) Investigations will be held promptly, but in any event not later than thirty (30) days from the date the Carrier has knowledge of the incident to be investigated, except when the engineer, his representative or a witness is unable to attend the investigation because of illness or injury, or the engineer involved is in custody. The investigation may be deferred until such time as the accused, his representative or the witness is able to attend.

In cases involving theft or immoral conduct the time limitation of this rule shall not apply.

The right of the Company to reinstate on a leniency basis, and restore the seniority of an engineer who has been dismissed is recognized; provided such right is exercised within six (6) months from date of dismissal. The General Chairman will be notified when engineers are so reinstated.

(f) The following shall govern for engineers required by the Company to attend formal investigations:

(1) Except as provided in Item (3) hereof, such employes disciplined shall not be compensated for attending investigations unless discipline is found to be unjust and canceled.

(2) Such employes not disciplined and who re required by the Company to deadhead to or from the point where an investigation is held, will be compensated for loss of earnings or for deadheading, whichever is the greater.

(3) Employes disciplined by reprimand or demerit marks only, and who are required to deadhead to or from the place where the investigation is held, shall be compensated for the actual miles so deadheaded at the applicable deadhead rate.

(4) Loss of earnings as provided in Item (2) shall be determined on the following bases:

(a) If assigned to regular runs or tricks, lost earnings shall be the earnings of their assignment on days not permitted to work thereon.

(b) When both members of a chain gang or pool crew are required to attend a formal investigation, and their turn becomes first out and is due to depart while they are not available, the crew shall be marked at the bottom of the board and the following crew used. If the crew held for investigation becomes available and is called for service before the crew used in its stead returns, lost earnings shall be the equivalent of the payment for the initial one-way trip made by the substitute crew; if the substitute crew returns to the terminal before the crew held for the investigation has been called for service, lost earnings shall be equivalent to the earnings of the substitute crew.

(c) If only one member of a chain gang or pool crew is required to attend a formal investigation, and the turn is ordered, it will be run in its turn; member of the crew held shall be paid the earnings of the turn.

(d) Engineers assigned to the road extra board, required to attend a formal investigation and who become first out and due to be called during the time they are held for the investigation, shall be marked at the foot of the extra board and paid a minimum day at the minimum freight or passenger rate for the division, according to whether assigned to freight or passenger extra board, for each calendar day or portion thereof held for investigation. Extra yard engineers required to attend a formal investigation and who become first out and due to be called during the time they are held for the investigation shall be marked at the foot of the extra board and paid a minimum day at the engineer’s rate according to the last previous yard service performed, for each calendar day or portion thereof held for investigation.

(e) Employees eligible for emergency service n higher grades shall not be available therefor while attending investigations or awaiting return of their turn, and lost earnings shall be calculated solely as provided herein.

(From Memoranda of Agreement dated July 19, 1949, and November 17, 1959.)

See Alternative Handling Agreement

ARTICLE 30

Adjustment of Grievances

(a) In case difference of opinion as to the construction of this agreement shall arise between the engineers and division officers, a written statement of the questions at issue must be submitted by the engineers, through the Division Officers and Mechanical Superintendent to the General Manager for his construction.

Representation

(b-1) The General Committee of Adjustment, Brotherhood of Locomotive Engineers, will represent all locomotive engineers in the making of contracts, rates, rules, working agreements, and interpretations thereof.

(b-2) All controversies affecting locomotive engineers will be handled in accordance with the interpretation of the Engineers’ contract as agreed upon between the Committee of the Brotherhood of Locomotive Engineers and the Management.

(b-3) In matters pertaining to discipline, or other questions not affecting changes in Engineers’ contract, the officials of the Company reserve the right to meet any of their employes either individually or collectively.

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ARTICLE 31

Time Limit on Claims

(a) All claims or grievances must be presented in writing by or on behalf of the employe involved, to the officer of the company authorized to receive same within sixty days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within sixty days from the date same is filed, notify the employe or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the carrier as to other similar claims or grievances.

(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance, and the representative of the carrier shall be notified of the rejection of his decision. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes as to other similar claims or grievances.

(c) The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within sixty days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within six months from the date of said officer’s decision proceedings are instituted by the employe or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the six months’ period herein referred to.

(d) All rights of a claimant involved in continuing alleged violations of agreement shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employe held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.

(e) This rule recognizes the right of representatives of the organization to file and prosecute claims and grievances for and on behalf of the employes they represent.

(f) This rule shall not apply to requests for leniency.

(From Section 17 of National Agreement dated August 11, 1948.)

NOTE: In applying this rule, the date a claim or grievance is received and date- stamped in the Division Superintendent’s office shall govern in computing the sixty days from the date of the occurrence on which the claim or grievance is based. Thereafter the date of notification to the employe of disallowance of the claim, and the date of initial letters written by the employes’ local chairman, the Superintendent, the General Chairman and the General Manager, shall govern in computing the time periods specified for each of the various stages of handling mentioned in paragraphs (a), (b) and (c) of this rule.

If, following decision of the General Manager, on this property the highest officer designated to handle claims and grievances, the General Chairman or Chairmen desire a conference to discuss the claim, the notice to the General Manager that his decision is not accepted and the request of the General Chairman or Chairmen for conference shall be made within sixty days of the date of the letter of the General Manager stating his decision. Following the conference the General Manager will notify in writing the General Chairman or Chairmen of his decision, which decision shall be final and binding unless within sixty days from date of such decision the General Chairman or Chairmen notify the General Manager in writing that his decision is not accepted. For cases discussed in conference the six months’ time limit period specified for progressing the claim to the National Railroad Adjustment Board will commence with the date of the General Manager’s letter stating his decision following the conference.

If a joint submission of the case to the Board is desired, the next to last sentence, paragraph (c), will be considered as satisfied if not less than sixty days prior to the expiration of the six months’ period the General Chairman or Chairmen forward proposed statement of facts and position of the employes to the General Manager for completion of the submission on a joint basis, any delay sustained thereafter in completing the joint submission to be considered as an agreed-to extension of the six months’ period specified in paragraph (c).

The foregoing shall be considered only as an agreed-to interpretation of certain provisions of this rule and, except as it deals specifically therewith, shall not alter or affect any other provisions of this rule. The preceding paragraph shall have no effect in respect to ex parte submissions.

(From Letter Agreement dated January 15, 1951.)

ARTICLE 32

This agreement shall be effective May 1, 1966, and shall remain in effect thereafter, subject to thirty (30) days’ written notice by either party. The rates contained herein are those in effect on June 1, 1964.

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY

L. M. OLSON
General Manager - Eastern Lines

F. N. STUPPI
General Manager - Western Lines

BROTHERHOOD OF LOCOMOTIVE ENGINEERS