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 THIS AGREEMENT, made this 26th day of
July, 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 Brotherhood of Locomotive
Engineers, witnesseth: IT IS HEREBY AGREED: ARTICLE
I - GENERAL WAGE INCREASES Section 1 - First General Wage
Increase (a)
Effective April 1, 1978, all standard basic daily and mileage rates of
pay of employees represented by the Brotherhood of Locomotive Engineers
in effect on March 31, 1978 shall be increased by an amount equal to 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 March 6, 1975
will not be included with basic rates in computing the amount of this
increase. (b) In
computing the percentage increases under paragraph (a) above, 3 percent
shall be applied to the standard basic daily rates of pay, and 3 percent
shall be applied to the standard mileage rates of pay, respectively,
applicable in the following weight-on-drivers brackets, and the amounts
so produced shall be added to each standard basic daily or mileage rate
of pay: 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)
(c) The standard basic daily and mileage rates of pay produced by
application of the increases provided for in this Section 1 are set
forth in Appendix 1, which is a part of this Agreement.
(*) 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 firemen in yard service. Section 2 - Second General Wage
Increase Effective
October 1, 1978, all standard basic daily and mileage rates of pay of
employees represented by the Brotherhood of Locomotive Engineers in
effect on September 30, 1978, shall be increased by an amount equal to 2
percent, computed and applied 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 Effective
July 1, 1979, all standard basic daily and mileage rates of pay of
employees represented by the Brotherhood of Locomotive Engineers in
effect on June 30, 1979, shall be increased by an amount equal to 4
percent, computed and applied in the manner prescribed in 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 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 Effective
July 1, 1980, all standard basic daily and mileage rates of pay of
employees represented by the Brotherhood of Locomotive Engineers in
effect on June 30, 1980 shall be increased by an amount equal to 5
percent, computed and applied in the manner prescribed in 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 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 (a) All
arbitraries, miscellaneous rates or special allowances, based upon
mileage, hourly or daily rates of pay, as provided in the schedules or
wage agreements, shall be increased commensurately with the wage
increases provided for in this Article 1. (b) In
determining new hourly rates, fractions of a cent will be disposed of by
applying the next higher quarter of a cent. (c) Daily
earnings minima shall be increased by the amount of the respective daily
increases. (d) Existing
money differentials above existing standard daily rates shall be
maintained. (e) In local
freight service, the same differential in excess of through freight
rates shall be maintained. (f) The
differential of $4.00 per basic day in freight and yard service, and 4
cents per mile for miles in excess of 100 in freight service, will be
maintained for engineers working without firemen on locomotives on which
under the former National Diesel Agreement of 1950 firemen would have
been required. Such differential will continue to be applied in the same
manner as the local freight differential. (g) In
computing the increased rates of pay effective April 1, 1978 under
Section 1 for firemen employed in local freight service, or on road
switchers, roustabout runs, mine runs, or in other miscellaneous
service, on runs of 100 miles or less which are therefore paid on a
daily basis without a mileage component, who rates had been increased by
an additional $.40 effective July 1, 1968, 3 percent of the daily rates
exclusive of the local freight differential and any other money
differential above existing standard daily rates but including the $.40
increase, in effect for such firemen March 31, 1978 applicable in the
weight-on-drivers bracket 950,000 and less than 1,000,000 pounds shall
be added to each applicable weight-on-drivers daily rate of pay. The
same procedure shall be followed in computing the increases of 2 percent
effective October 1, 1978, 4 percent effective July 1, 1979, and 5
percent effective July 1, 1980. The rates produced by application of the
standard local freight differential and the above-referred-to special
increase of an additional $.40 to standard basic through freight rates
of pay are set forth in Appendices 1 and 2, which are a part of this
Agreement, and Appendices which will be subsequently published. (h) Other
than standard rates: (i)
Existing basic daily and mileage rates of pay other than standard shall
be increased, effective as of the effective dates specified in Sections
1 through 4 hereof, by the same respective percentages and amounts as
set forth therein, computed and applied in the same manner as the
standard rates were determined. (ii) The
differential of $4.00 per basic day in freight and yard service, and 4
cents per mile for miles in excess of 100 in freight service, will be
maintained for engineers working without firemen on locomotives on which
under the former National Diesel Agreement of 1950 firemen would have
been required. Such differential will continue to be applied in the same
manner as the local freight differential. (iii) Daily
rates of pay, other than standard, of firemen employed in local freight
service, or on road switchers, roustabout runs, mine runs, or in other
miscellaneous service, on runs of 100 miles or less which are therefore
paid on a daily basis without a mileage component, shall be increased as
of the effective dates specified in Sections 1 through 4 hereof, by the
same respective percentages as set forth therein, computed and applied
in the same manner as provided in paragraph (g) above. (i) Wage
rates resulting from the increases provided for in Sections 1, 2, 3 and
4 of this Article I, and in Section 1(f) of Article II, will not be
reduced under Article II. ARTICLE
II A COST-OF-LIVING ADJUSTMENT Section 1 - Amount and Effective
Dates of Cost-of-Living Adjustments (a) A
cost-of-living adjustment increase of 19 cents per hour, based upon the
increase in the Consumer Price Index (old series) between March 1977 and
September 1977, will be made effective as of January 1, 1978. The amount
of such adjustment will be added to the cost-of-living allowance of 15
cents per hour which became effective December 31, 1977 resulting from
incorporation into basic rates of 16 cents per hour effective that date,
as provided in Article II, Section 1(d)(iii) of the 1975 General Wage
Increase Agreement and the Letter of Understanding of September 6, 1977
as to the amount to be so incorporated. As result of such adjustment,
the cost-of-living allowance effective January 1, 1978 will be 34 cents
per hour. (b) A
further cost-of-living adjustment increase of 19 cents per hour, based
upon the increase in the Consumer Price Index between September 1977
(old series) and March 1978 (using the old series CPI for
September-December 1977 and the new CPI-W identified in paragraph (c)
below for January-March 1978), will be made effective as of July 1,
1978. The amount of such adjustment will be added to the cost-of-living
allowance of 17 cents per hour which will become effective as of June
30, 1978 resulting from incorporation into basic rates of 17 cents per
hour of the cost-of-living allowance effective that date, as provided in
paragraph (f)(i) below. As result of such adjustment, the cost-of-living
allowance effective July 1, 1978 will be 36 cents per hour. (c) The
cost-of-living allowance resulting from the adjustments provided for in
paragraphs (a) and (b) above will subsequently be adjusted, in the
manner set forth in and subject to all the provisions of paragraphs (g)
and (h) below, on the basis of the "Consumer Price Index for Urban
Wage Earners and Clerical Workers (Revised series) (CPI-W) (1967 = 100),
U.S. Index, all items A unadjusted, as published by the Bureau of Labor
Statistics, U. S. Department of Labor, and here-in after referred to as
the BLS Consumer Price Index. The first such cost-of-living adjustment
shall be made effective January 1, 1979, based (subject to paragraph (g)(i)
below) on the BLS Consumer Price Index for September 1978 as compared
with the index of 189.7 for March 1978. Such adjustment and further
cost-of-living adjustments will be made effective the first day of each
sixth month thereafter based on the change in the BLS Consumer Price
Index during the respective measurement periods shown in the following
table subject to the exception in paragraph (g)(ii) below, according to
the formula set forth in paragraph (h) below: Measurement Periods Effective Date Base Month Measurement Month of
Adjustment (1) (2) 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 (d) While a
cost-of-living allowance is in effect, such cost-of-living allowance
will apply to straight-time, overtime, vacations, holidays and to
special allowances and arbitraries in the same manner as basic wage
adjustments have been applied in the past. (e) The
amount of the cost-of-living allowance, if any, which will be effective
from one adjustment, date to the next may be equal to, or greater or
less than, the cost-of-living allowance in effect in the preceding
adjustment period. (f): (i)
Effective as of June 30 and December 31 of each year, 50% of the
cost-of-living allowance then in effect will be incorporated into basic
rates of pay for all purposes, and the cost-of-living allowance will be
reduced by 50%. (ii) If as
of June 30 or December 31 of any year prior to the incorporation
referred to in subparagraph (i) the amount of the cost-of-living
allowance in effect should be an odd number of cents, the amount which
will be rolled into basic rates of pay will be the number of whole cents
next above 50% of the amount of the cost-of-living allowance then in
effect, and the cost-of-living allowance will be reduced by that amount. (iii) The
provisions of this paragraph (f) will have no effect on the amount of
cost-of-living allowance in effect as of March 31, 1981. Disposition of
that allowance or any portion thereof will remain for handling in
connection with notices which may be served on or after January 1, 1981. (g) Cap.: (i) In
calculations under paragraph (h) below, the maximum increase in the BLS
Consumer Price Index (C.P.I.) which will be taken into account will be
as follows: Effective
Date Maximum C.P.I. Increase of Adjustment Which May Be Taken into
Account (1) (2) 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 (ii) If the
increase in the BLS Consumer Price Index from the base month of March
1978 to the measurement month of September 1978, or from the base month
of March 1979 to the measurement month of September 1979, exceeds 4% of
the March base index, the measurement period which will be used for
determining the cost-of-living adjustment to be effective the following
July 1 will be the twelve-month period from such base month of March;
the increase in the index which will be taken into account will be
limited to that portion of increase which is in excess of 4% of such
March base index, and the maximum increase in that portion of the index
which may be taken into account will be 8% of such March base index less
the 4% mentioned in the preceding clause, to which will be added any
residual tenths of points which had been dropped under paragraph (h)
below in calculation of the cost-of-living adjustment which will have
become effective the January 1 during such measurement period. (iii) Any
increase in the BLS Consumer Price Index from the base month of March
1978 to the measurement month of March 1979 in excess of 8% of the March
1978 base index, or from the base month of March 1979 to the measurement
month of March 1980 in excess of 8% of the March 1979 base index, will
not be taken into account in the determination of subsequent
cost-of-living adjustments. (h)
Formula. The number of points change in the BLS Consumer Price Index
during a measurement period, as limited by paragraph (g) above, will be
converted into cents on the basis of one cent equals 0.3 full points.
(By 0.3 full points" it is intended that any remainder of 0.1 point
or 0.2 point of change after the conversion will not be counted.) 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. (i)
Continuance of the cost-of-living adjustments is dependent upon the
availability of the official monthly BLS Consumer Price Index (CPI-W)
calculated on the same basis as such Index, except that, if the Bureau
of Labor Statistics, U. S. Department of Labor, should during the
effective period of this Agreement revise or change the methods or basic
data used in calculating the BLS Consumer Price Index in such a way as
to affect the direct comparability of such revised or changed index with
the CPI-W Index during a measurement period, then that Bureau shall be
requested to furnish a conversion factor designed to adjust the newly
revised index to the basis of the CPI-W Index during such measurement
period. 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). In application of
such allowance, each one-cent per hour of cost-of-living allowance will
be treated as an increase of 8 cents in the basic daily rates of pay
produced by application of Sections 2, 3 and 4 of Article I and by
Section 1(f) of this Article II. The Cost-of-Living allowance will
otherwise be applied in keeping with the provisions of Section 5 of
Article I. ARTICLE
III - VACATIONS Insofar as
applicable to employees represented by the Brotherhood of Locomotive
Engineers, the Vacation Agreement dated April 29, 19498, 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 IX of the Agreement of May 13, 1971: (c)
Effective January 1, 1979, each employee, subject to the scope of
schedule agreements held by the organizations signatory to the April 29,
1949 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, 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 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
"Al' dated May 23, 1952, on an individual carrier, but not earlier
than the year 1960, 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
a 1.3 days, for purpose 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 1(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,
1949 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, 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
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 May 23, 1952, on an individual carrier, but not
earlier than the year 1960, in the application of this Section 1(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 1(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.") ARTICLE
IV 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: a.
Alcoholism Treatment. For treatment of alcoholism of an employee which
has been diagnosed as such by the employee's attending physician, as a
result of which the employee is confined at an approved treatment center
which provides medical and therapeutic treatment for alcoholism under a
program approved by both the attending physician and the insurer, on an
in- patient basis requiring full-time participation by the patient, and
certain evaluation, diagnostic and counseling services: a benefit will
be provided to cover charges by the treatment center for room and board,
care and treatment, exclusive of custodial care, up to $50 per day for
not more than 31 days per calendar year with a lifetime maximum of
$3,000. b.
Ambulatory Surgical Centers. Charges incurred by an employee or
dependent for services rendered and supplies furnished by an approved
ambulatory surgical center within the time limits and for the purposes
specified in the out-patient expense provisions of the plan shall be
treated as if they were hospital out-patient expenses. c. Second
Surgical Opinion. A benefit will be provided to pay reasonable charges
incurred by an employee or dependent for consultations (including the
reasonable charges for laboratory and X-ray examinations and other
diagnostic procedures in connection therewith) with one or more
qualified specialist surgeons for additional opinions as to the medical
necessity for the performance of a recommended surgical procedure for
which benefits are payable under the surgical expense benefits
provisions of the Plan, provided the consultant surgeon examines the
patient and furnishes the insurer either copy of his written report to
the patient or a written report setting forth his opinion. d.
Pre-Admission Testing. Charges incurred by an employee or dependent in
connection with pre-admission testing ordered by a physician will be
covered as hospital inpatient expenses provided such tests are related
to the performance of scheduled surgery in connection with a confirmed
hospital admission, and (i) the person involved is subsequently admitted
to the hospital as a resident in-patient unless the scheduled
confinement is cancelled or postponed because of the unavailability of a
bed or a change in his condition which precludes surgery or (ii) the
surgery is performed in an out-patient facility (which may be an
ambulatory surgical center) unless there is a change in the patient's
condition which precludes surgery. e. Surgical
Expense Benefit. The maximum basic benefit for a surgical procedure will
be increased from $650 to $1,000; the maximum allowance for
administration of anesthetics will be increased from $162.50 to $250;
and the $650 E Surgical Schedule will be replaced by a $1,000 E Surgical
Schedule. f. Hospital
Miscellaneous Benefit. The provision for reimbursement for hospital
charges for medical care and treatment (other than charges for room and
board, nurses', and physicians' and surgeons' fees), and the excess of
charges for intensive care in an intensive care unit over the amount
payable otherwise, shall be increased from "not more than $1,000
plus 80% of the excess over $1,000," to "not more than $2,000
plus 80% of the excess over $2,000." g.
Out-Patient Expense Benefit, and Supplemental Outpatient Medical Expense
Benefit. The provision for reimbursement for hospital out-patient
expenses, and the supplemental out-patient medical expense benefit
provision, covering certain emergency medical care and treatment on
account of accidental bodily injuries and additional subsequent medical
care and treatment in connection with such emergency care, and medical
care and treatment in connection with surgical operations, will be
increased to provide for reimbursement for such expenses in full on a
reasonable and customary basis (an increase from the maximum of $100
plus 80% of the excess over $100). h. Ambulance
Benefit. Necessary ambulance charges for transportation to and from
hospital for an employee or dependent who is confined as a hospital
in-patient, or who receives out-patient care of a nature referred to in
g. above in a hospital, will be provided in full on a reasonable and
customary basis (an increase from the maximum of $25 for such benefit). i.
Physician's Fee Benefit. (i) The
maximum amount payable on behalf of an employee or dependent for
physician charges for visits while the employee or dependent is confined
as a hospital in-patient will be increased from $6.00 to $10.00 per day
of such confinement, and the maximum so payable during any one period of
hospital confinement will be increased from $2,190 to $3,650. (ii) The
maximum amount payable for physicians' office visits by an employee
shall be increased from $6.00 to $10.00, and for home visits from $7.50
to $12.00, per visit limited as at present to one home or office visit
per day and a maximum of 180 such visits in a 12-month period; no
benefit payable for the first visit on account of injury or the first
three visits on account of sickness. j. Major
Medical Expense Limit Benefit. A provision will be added to the major
medical expense benefit section of the Plan to the effect that if in a
calendar year a covered employee or dependent has incurred expenses not
otherwise reimbursed under the Plan which aggregate $2,000 including i.
the individual's cash deductible and ii.
the individual's 20% share of co-insurance under the hospital
miscellaneous benefits and major medical expense benefit provisions, 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. k. Living
Tissue Donor Benefit. Benefit will be provided for the living donor of
an organ or tissue to an employee or dependent covered by The Railroad
Employees National Health and Welfare Plan, with respect to the donation
involved, on the same basis as if the donor were himself an employee
covered by the Policy Contract to the extent such donor is not covered
under any other health insurance program. 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: a. Employees
Eligible: (i) Age. An
employee who, on or after July 1, 1978, at or after 61 years of age
retires under the 60/30 provisions of the Railroad Retirement Act of
1974, if immediately prior to the date he retired he was covered for
employee or dependent health benefits under the Railroad Employees
National Health and Welfare Plan and had a current connection with the
railroad industry. (ii)
Disability. (a) An
employee of a non-hospital association railroad who on or after July 1,
1978 and at or after age 61 was receiving employee health benefits (or
still eligible for such benefits under the disability waiver provisions)
under The Railroad Employees National Health and Welfare Plan, and who
meets the requirements of subparagraph (c) below. (b) An
employee of a hospital association railroad who would have met the
requirements of subparagraph (a) above in full if he had been an
employee of a non-hospital association railroad and who meets the
requirements of subparagraph (c) below. (c) To be
eligible as a disabled employee, an employee must, in addition to
fulfilling the requirements of subparagraph (a) or subparagraph (b)
above: (1) solely
because of his disability be prevented from working in his regular
occupation; (2) be
entitled to an annuity by reason of disability under the Railroad
Retirement Act of 1974; however, he need not have filed application for
disability annuity under the Railroad Retirement Act if he is receiving
sickness benefits when under the Railroad Unemployment Insurance Act,
but he is no longer receiving such sickness benefits if he does not
apply for such disability annuity his eligibility under the Plan will
terminate; (3) have had
a current connection with the railroad industry on the date immediately
prior to the date on which he became entitled to such disability
annuity; and (4) have had
by his eligibility date a total period, consisting of his railroad
service prior to the onset of such disability plus the period of such
disability itself, totaling not less than 30 years. b.
Dependents Eligible: Spouse and dependent children of eligible employees
who are within definition of "dependent" in The Railroad
Employees National Health and Welfare Plan. c. Scope of
Coverage: (i)
Eligible employees of non-hospital association railroads, and, to the
extent provided in Section 3, of hospital association rail- roads. (ii)
Dependents of eligible employees of either hospital association or
non-hospital association railroads. d. Duration
of Coverage: (i)
Coverage for all covered employees and dependents will begin when the
employee becomes eligible under paragraph a., but not earlier than the
effective date, and except that an employee's or dependent's coverage
will not begin earlier than such employee's or dependent's eligibility
for benefits under the Railroad Employees National Health and Welfare
Plan ceases. (ii)
Coverage for covered employees will terminate on the earlier of: (a) The
date the employee becomes eligible for Medicare (even though his
coverage may not yet have begun, e.g., if a disabled employee becomes
eligible for Medicare before he becomes eligible under paragraph a.), or (b) The
date the employee's Railroad Retirement annuity terminates. (iii)
Coverage for all dependents of an employee will terminate on the earlier
of: (a) The
date the employee's coverage terminates for any cause other than (1)
death or (2) eligibility for Medicare by reason of disability, or (b) If the
employee predeceases dependent(s), or becomes eligible for Medicare by
reason or disability, the date the employee would have become eligible
for Medicare by reason of age if he had not died. (iv)
Coverage for any dependent will terminate if such individual dependent,
while covered: (a)
becomes eligible for Medicare, or (b) is no
longer within the above-referred-to definition of dependent, or (c)
is the widow or widower of a covered employee and remarries. Note:
As used in this paragraph d. Duration of Coverage, "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 and as it may be further amended, which are normally
available to an individual at age 65 or on general disability. Benefits
under the Plan will be so adjusted to avoid duplication between Plan
benefits and any other Medicare benefits. e. Plan: (i)
Elements: (a)
Deductible: $100 per calendar year for each individual. (b)
Coinsurance proportions: 80/20, except 65/35 for out-of-hospital
mental-nervous treatments. (c)
Lifetime benefit limit: $50,000 for each individual. (ii)
Benefits: Covered benefits will be benefits of the same categories as
are covered major medical expense benefits under The Rail- road
Employees National Health and Welfare Plan. (iii) The
same Coordination of Benefits provisions as in Group Policy Contract
GAA23000 will be included. Section 2. Administration. a. The
railroads, which will be sole policyholder, will work out arrangements
for the Plan to be administered and insurance there under to be provided
by the same insurer as is handling those functions under The Railroad
Employees National Health and Welfare Plan. b. the
eligibility ant benefit provisions. c. The
insurer will furnish financial data, statistical and actuarial reports,
and claim experience information to the organizations in the same detail
and at the same time that it furnishes such data to the railroads. d. Any
dividends or retroactive rate refunds or credits will be paid into a
special fund or account held by the insurer or into a trust established
in connection with the Plan. Withdrawals may be made from such fund,
account or trust only to provide or finance benefits. 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 Plan, 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. a. The
maximum benefit (exclusive of any benefits for orthodontia) which may be
paid with respect to a covered employee or dependent in any calendar
year, including the calendar year 1978, will be increased from $500 to
$750 for all expenses incurred on or after November 1, 1978. b. A limit
of $100 will be placed on the amount of the deductible per calendar
year, including the calendar year 1978, to be paid by all members of an
employee's family, to apply as follows: (i) Any
covered individual who has incurred and paid $50 of covered dental
expenses in a calendar year has met the deductible with respect to
himself. (ii) When a
covered employee and/or any one or more of his defined dependents have
collectively incurred and paid $100 of covered dental expenses, counting
not more than $50 with respect to any individual, in a calendar year,
the deductible has been met with respect to such employee and all his
defined dependents. c. Extended
coverage will be provided for disabled, pregnant, furloughed and
discharged or dismissed employees on exactly the same basis as under The
Railroad Employees National Health and Welfare Plan. 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. ARTICLE
V - JURY DUTY Effective
fifteen (15) days after the date of this Agreement, Article X of the May
13, 1971 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. ARTICLE
VI - EXPENSES AWAY FROM HOME Effective
October 1, 1978, the meal allowance provided for in Article II, Section
2, of the June 25, 1964 National Agreement, as amended by the
letter-agreement of February 9, 1972, is increased from $2.00 to $2.75. ARTICLE
VII - APPLICATION FOR EMPLOYMENT 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 there from 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. ARTICLE
VIII - COMBINATION ROADAYARD SERVICE ZONES 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. ARTICLE
IX - ENTRY RATES 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
engineer: (a) For the
first twelve (12) calendar months of employment, new employees shall be
paid 90% of the applicable rates of pay (including COLA) for the class
and craft in which service is rendered, exclusive of arbitraries and/or
special allowances which shall be paid at the full amount. (b)
Employees who have had an employment relationship with the carrier and
are rehired will be paid at established rate after completion of a total
of twelve (12) months' combined service. (c) Train
service employees who transfer to the fireman craft will be paid at
established rates after completion of a total of twelve (12) months'
combined service in both crafts. (d) Any
calendar month in which an employee does not render compensated service
due to voluntary absence, suspension, or dismissal shall not count
toward completion of the twelve (12) month period. 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 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
X – OFF-TRACK VEHICLE ACCIDENT BENEFITS 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 of Life $150,000 Loss of Both Hands $150,000 Loss of Both Feet $150,000 Loss of Sight of Both Eyes $150,000 Loss of One Hand and One Foot
$150,000 Loss of One Hand and Sight of One Eye
$150,000 Loss of One Foot and Sight of One Eye
$150,000 Loss of One Hand or One Foot or Sight
$ 75,000 of One Eye "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 ARTICLE
XI - BEREAVEMENT LEAVE 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. ARTICLE
- XIII - GENERAL PROVISIONS 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 (a) The
purpose of this Agreement is to fix the general level of compensation
during the period of the Agreement, and is in settlement of the dispute
growing out of the notices served upon the carriers listed in Exhibit A
by the Organization signatory hereto dated on or about January 20, 1977,
February 1, 1977, March 1, 1977 and June 21, 1977 (wage and rules);
February 15, 1977 and August 15, 1977 (health and welfare and dental),
and proposals served on June 13, 1977 by the carriers for concurrent
handling therewith. (b) This
Agreement shall be construed as a separate agreement by and on behalf of
each of said carriers and their employees represented by the
Organization signatory hereto, and shall remain in effect through March
31, 1981 and thereafter until changed or modified in accordance with the
provisions of the Railway Labor Act, as amended. (c) Except
as provided by the Letter of Understanding dated July 26, 1978,
concerning compensation relationships, and paragraph (d) of this Section
2, the parties to this Agreement shall not serve nor progress prior to
January 1, 1981 (not to become effective before April 1, 1981) any
notice or proposal for changing any matter: (1)
contained in this Agreement, (2) listed
in Section 2(c)(3) of Article VIII of the Agreement of March 6, 1975,
and (3)
contained in the proposals of the parties identified in Section 2(a) of
this Article and any pending notices, which propose such matters are
hereby withdrawn. (d) Pending
notices properly served under the Railway Labor Act covering subject
matters not specifically dealt with in Section 2(c) of this Article XIII
and which do not request compensation need not be withdrawn and may be
progressed under the provisions of the Railway Labor Act, as amended.
Similarly, new proposals properly served under the Railway Labor Act
covering subject matters not specifically dealt with in Section 2(c) of
this Article XIII and which do not request compensation may be served
and progressed under the provisions of the Railway Labor Act, as
amended. (e) This
Article will not bar management and committees on individual railroads
from agreeing upon any subject of mutual interest. SIGNED AT WASHINGTON, D. C. THIS 26TH
DAY OF JULY 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
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