CSXT Labor Agreement No. 15-18

CSXT Labor Agreement No. 15-18-94
AGREEMENT
BETWEEN
CSX TRANSPORTATION, INC
(FORMER B&O RAILROAD CO.)
AND ITS EMPLOYEES REPRESENTED BY
TTIE
BROTHERHOOD OF RAILROAD SIGNALMEN
Definitions:
Construction Work - That work which involves the installation of new equipment and
systems and the major revision of existing systems, and not that work which involves
maintaining existing equipment or systems. Replacing existing systems as a result of flood,
acts of God, derailment or other emergency may also be construction work.
System Signal Construction Gang - A gang used to perform year round construction work
throughout the territory covered by the combined B&O Agreement.
Prior Rights - Seniority retained on any one of the separate districts as listed in and subject
to the provisions of Article n of this Agreement.
Work Week - Consists of any 40 hour work schedule that may be established pursuant to
Article HI, Section G of this Agreement. A work schedule of eight, ten hour days followed
by six consecutive rest days is considered to be two work weeks.
Fixed Headquarters Position - A position other than a position on a System Signal
Construction Gang which is assigned a regular reporting point and territorial assignment on a
district.
Article I SINGLE COLLECTIVE BARGAINING AGREEMENT
A.
This Agreement provides for a single collective bargaining agreement between
CSXT and the Brotherhood of Railroad Signalmen on the properties covered by the
Baltimore and Ohio Railroad Company Agreement effective October 1, 1951, the Three
Rivers Railway Company and the Western Maryland Railway Company and shall be known
as the B&O Railroad Company Agreement as amended December 1, 1994.'
B.
With the effective date of this agreement the B&O Agreement effective
October 1. 1951, as amended, is controlling over any provision not specified herein.
C.
language:
The Scope of the B&O Agreement is amended to include the following
It is recognized that the employees of the former B&O, Three Rivers
Railway, and the Western Maryland, which are represented by the Brotherhood of Railroad
Signalmen (BRS) perform a wide variety of tasks and tJjat such work will continue to be
performed by BRS represented employees under the combined B&O Agreement. It is
understood and agreed that work which is being performed on the property of the former
TRRY or the WM, by agreement or past practice prior to the effective date of this
agreement, which is not covered by the B&O/BRS Scope, will continue to be performed by
employees represented by the BRS in addition to work which is presently covered by the
B&O/BRS Scope.
Article II
SYSTEM SENIORITY
A.
This Agreement provides for the establishment of system seniority as provided
in this Article, Section B. With the effective date of this agreement a separate system
seniority roster shall be established with the names and dates of all existing district
employees dovetailed therein. All employees hired prior to the effective date of this
agreement on the seniority districts referenced in Section B of this Article shall maintain their
current district seniority (prior rights). All employees hired after the effective date of this
agreement shall establish seniority on the B&O System Seniority Roster as provided in this
Article and not on the 18 prior right seniority districts listed in Paragraph B of this Article.
B. SENIORITY - (1) Effective December 1, 1994, the names of all Signal
Department employees holding seniority on the eighteen prior right seniority districts for the
former B&O System, Including the former Three Rivers Railway (TRRY) and the Western
Maryland Railway Company (WM) listed below will be placed on a B&O System Seniority
Roster, which shall be used for the purpose of exercising seniority to: System Signal
Construction Gang positions; positions with fixed headquarters point not filled by employees
with seniority (prior rights) on the district involved; B&O allocated positions at the Savannah
Signal Shop; positions in the CDC Center presently located in Jacksonville, FL; or other
CSX System opportunities (i.e. the Electronics Training Program):
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Baltimore East End
Baltimore West End
Cumberland
Monongah
Pittsburgh East End
Pittsburgh West End
Three Rivers
Ohio
St. Louis East End
St. Louis West End
Toledo-Indianapolis
Newark
Akron
Chicago
New Rock
Buffalo
Cumberland Signal Shop
Western Maryland
(E)*
(E)
(E)
(E)
(E)
(E)
(E)
(W)
(W)
(W)
(W)
(W)
(W)
(W)
(W)
(E)
(E)
(E)
* Former East (E) or West (W) territory of B&O "Crossing Gangs"
(2) The eighteen seniority districts identified in paragraph 1 of this
Section B will be frozen as of November 30, 1994, except as provided in paragraph (5) of
this Section B, and employees holding seniority thereon will have prior rights to positions
established with fixed headquarters within the limits of such seniority district, as identified in
the B&.O Schedule Agreement (which includes the TRRY and the WM).
An employee holding seniority on more than one seniority district must choose a prior
rights seniority district within sixty days by writing Employee Relations and the General
Chairman. This district does not have to be the same district used to establish system
seniority. Employees who choose a prior right district other than the one in which they are
currently working will retain their current position until they have been displaced or the
position has been abolished.
(3) The B&O System Seniority Roster, which shall be effective
December 1, 1994, will be posted no later than the effective date of this agreement. The
B&O System Seniority Roster will be subject to protest for a period of sixty days thereafter,
by employees holding seniority on any of the eighteen seniority rosters identified in
paragraph (1) of this Section B. Employees may use their earliest seniority dates reflecting
continuous service from any of ihe eighteen seniority rosters in paragraph (1) of this Section
B.
Any changes made to the December 1, 1994 B&O System Seniority Roster will require
approval by the Organization and the Carrier. The amended B&O System Seniority Roster as
approved by the General Chairman and Employee Relations will be used thereafter for the
purpose of exercising seniority to System Signal Construction Gang positions; positions with
fixed headquarter points not filled by employees holding seniority (prior rights) on the
district involved; and other CSXT System opportunities as referenced herein. This Roster
will be revised in January and copies will be distributed to all headquarters and, upon
request, will be furnished any person appearing thereon who is not in active service.
(4)
In the event two or more employees have the same seniority
date in any seniority class, their seniority in that class will be determined by their respective
seniority dates in each successive lower class, with date of birth being the last determining
factor.
(5) An employee holding prior rights on a frozen seniority district
roster who is awarded a position in a higher class on that district subsequent to December 1,
1994, will establish seniority in the higher class on that district roster only, subject to Rule
29(d) of the B&O Agreement. An employee who is awarded a System position in a higher
class establishes seniority in the higher class on the B&O System Roster only.
(6) On or after December 1, 1994, new hires will establish seniority
on the B&O System Seniority Roster in the class in which employed and all lower classes as
on the first day worked.
(7) In the application of Rule 47 of the B&O Schedule Agreement,
employees holding System positions will not be considered "furloughed" employees but will
be contacted and offered a no-bid position with fixed headquarters point on the district on
which they hold prior rights before awarding such position to an employee who holds no
seniority (prior rights) on that district. Employees holding positions on a System Signal
Construction Gang will not be forced (unless furloughed) to fill vacancies on their prior
rights district to protect their prior rights seniority. If System employees are contacted by
telephone for the purpose of this rule, it shall be confirmed in writing with copy to the
General Chairman, & Local Chairman.
(8)
In the application of System Seniority to those employees who
were working on the former B&O property, it is understood that a prior rights employee will
be required to protect System Signal Construction work to the same extent that he would
have been required to protect the work on the former "System Crossing Gangs", on the
B&O.
Those employees whose prior rights districts were located on the former territory of the
"B&O East Crossing Gang" would be required to work, before going in a furlough status, on
no-bid System Signal Construction positions on the former B&O East territory. (For the
purposes of this Agreement, BRS represented employees of the former WM, TRRY, Buffalo
District and Cumberland Signal Shop District [excluding those working in the Savannah
Signal Shop] will be considered to have the same obligation to protect work on the former
territory of the "B&O East Crossing Gang"). Likewise, those employees whose prior rights
districts were located on the former territory of the "B&O West Crossing Gang" would be
required to work, before going in a furlough status, on no-bid System Signal Construction
positions on the former B&O West territory. Should any employee refuse such work, his
name would be removed from the System Seniority Roster.
(9) In the event a position goes no-bid, furloughed employees will be
recalled in seniority order in accordance with Rule 47 A(2) of the Schedule Agreement,
before resorting to a new hire. Employees holding district seniority (prior rights) as of
November 30, 1994 will not forfeit district (prior rights) seniority by declining recall to a
System Signal Construction Gang position or a position on a district on which they hold no
seniority. Employees holding fixed headquarter positions outside their prior rights district
must accept recall for a fixed headquarter position on their prior rights district if such
position goes no-bid or forfeit prior rights thereon. Employees working off of their prior
rights district will be recalled by recalling the junior qualified employee first,
(10) An employee with district seniority (prior rights) whose position
has been abolished or who has been displaced by a senior employee may exercise
displacement rights to any position available in the exercise of his seniority and must exercise
seniority to any available position on the prior rights district on which he holds seniority, or
to a no-bid System Signal Construction Gang position, before going furloughed or their name
will be removed from the appropriate Seniority Roster. It is understood that a position of
Signalman or above which has been advertised and for which no qualified bids have been
received ("no bids") if not filled within 30 calendar days of the closing date of the
advertising bulletin will be considered to have been abolished.
(11) If a protected employee is forced to take a position other than a
System Signal Construction Gang position, outside his prior rights seniority district, the
provisions of the amended February 7, 1965 Agreement shall apply. Nothing in this
agreement shall supersede any right of an employee who is protected by the February 7,
1965 Agreement as amended by the June 4, 1991, National Signalmen's Agreement to
moving expenses, compensation or other benefits contained therein. All employees on the
B&O System Seniority Roster with more than 10 years of continuous service in the craft as
of June 4, 1991, shall be considered as a protected employee. It is further understood that
this Agreement satisfies the provisions of Article III of the February 7, 1965 Agreement, as
amended, for System Signal Construction Gangs only.
(12) The application of an employee entering service as a signal
employee on the former B&O on or after December 1, 1994, will be approved or rejected
within 120 calendar days after commencing work. When an applicant is not notified to the
contrary within 120 calendar days, it is understood that his application has been approved. If
his application is not approved, he can be removed from service during this 120 calendar day
period without an investigation. It is understood that the Carrier will begin payroll deduction
in the first full month of employment for the appropriate amount of funds to apply towards
dues, initiation fees, etc.
C. BULLETINS -(1)
Bulletins will be made available via the PAC System
(Position Attendance and Control System - "computerized bidding/award system") to all
signal employees on ail B&O seniority districts and will be mailed to all furloughed
employees who have made written request to the designated Carrier Officer in the Signal
Department with a copy to the General Chairman. Written instructions on obtaining bulletins
from the PAC system will be issued to each employee affected by this Agreement.
(2)
If the successful applicant is not released within 20 calendar
days of the assignment date as listed in the award bulletin through no fault of his own, he
will thereafter by paid $15.00 for each day worked until transferred.
Article III
SYSTEM SIGNAL CONSTRUCTION GANGS
A. Effective December 1, 1994, the "Grade Crossing Force" Agreements dated
January 29, 1976 and March 21, 1977 are canceled, and existing " Grade Crossing Gangs"
will become System Signal Construction Gangs subject to provisions of this agreement.
B. Employees who are assigned to System Signal Construction Gangs (i.e., floating
or mobile forces), will be governed by rules and conditions set forth herein.
C. Except as provided in Section H, hotel or motel lodging accommodations will be
arranged and paid for by the Carrier for System Signal Construction Gang employees. Such
lodging shall be suitable, clean, healthful, sanitary, of good quality and high standard, with
not more than two employees occupying one room with twin beds. In the event a question
arises as to the quality or location of the accommodations furnished or other matters provided
in this Agreement, the General Chairman will handle the matter directly with Employee
Relations. Employees who do not desire accommodations the night before their assigned
work period begins or when working in the vicinity of their homes and do not intend to
utilize the hotel or motel accommodations, will so notify the proper officer of the Carrier
responsible for making the arrangements for accommodations.
D.
(1) System Signal Construction Gang employees will be paid a per diem
allowance of $31.36 per day for each day worked (in lieu of meal and travel expenses), in
addition to their basic hourly rate. The per diem allowance shall not be paid to an employee
on a day the employee is absent or fails to notify the Supervisor or Gang Foreman, prior to
starting time, that he will be unable to report for duty at the regularly assigned time. An
additional travel allowance of $44.63 will be paid (for each work week) to each employee
who travels between work periods to his home and back to the gang to defray the cost of
travel.
(2) The per diem and travel allowances provided for in paragraph (1) above,
shall be subject to revision each July 1st. The increase or decrease to be made in such per
diem/travel allowances at the expiration of each such 12-month period shall be based on
seven (7) cents per each point of increase or decrease as may be reflected by the Cost-ofLiving Index for all Items (1967=100) United States City Average For Urban Wage Earners
and Clerical Employees issued by the Bureau of Labor Statistics which is received by the
time the revision is due. Five-tenths (.5) of a point or more will be considered a whole point
in the computation. Less than five-tenths (.5) of a point will be dropped in the computation.
(3) System Signal Construction Gang employees shall be provided adequate
time in which to eat, a minimum of twenty minutes, without loss of pay. The meal period
shall be between the end of the fourth hour and the beginning of the seventh hour after
starting work. If the meal period is not provided during the time specified, twenty minutes
at time and one-half shall be added to the regular daily pay and lunch shall be allowed during
or continuous with the regular assignment at the first opportunity.
E.
(1) The workday for employees in System Signal Construction Gangs shall
commence and end at the work site. An arbitrary of 30 minutes at the straight time rate will
be allowed each member of the gang for each day service is performed in lieu of the amount
which would otherwise be provided under Rule 62 of the Agreement for travel to/from the
location of the lodging and the work site. Such employees will be furnished free
transportation between the lodging facility and work site.
(2) Drivers of company vehicles used to provide transportation to and from
the lodging facility and work site shall be allowed an additional arbitrary of one hour at the
Signalman's straight-time rate as compensation for the time spent driving in both directions,
completing necessary reports inspections etc. Employees are required to have a Commercial
Driver's License as further detailed in CSXT Labor Agreement No. 15-045-94 (attached).
F. Time spent in traveling from one work location to another (changing Carrierprovided lodging facilities) outside of regularly assigned hours during the work week, shall
be paid for at the straight-time rate. An employee who is not furnished means of
transportation by the Carrier from one location to another and drives his personal vehicle for
this purpose shall be reimbursed for such use of his personal vehicle at the mileage rate
recognized by the IRS (currently S.29 cents per mile).
G.
WORK SCHEDULE - System Signal Constructions Gang positions may be
established to work four 10-hour days with three consecutive rest days to include both
Saturday and Sunday. A work schedule of eight 10-hour days with six consecutive rest days
may also be established. Changes in work schedules will be subject to 36 hours notice prior
to the end of the last scheduled work day. The change in work schedule shall begin after the
employee completes the current work schedule which includes the assigned work days and
the appropriate number of rest days. Additionally, if desired by a majority of the members
of the gang, the employees may request to change their work schedule, subject to the
Carrier's discretion. If such a change is granted, the 36 hour notice may be waived.
H. Appendix "E" and Rules 18, 19, 20, 21, 22, 23, 28 and 41 of the B&O Schedule
Agreement do not apply to System Signal Gang employees.
Article IV
ADDITIONAL PROVISIONS
A. To the extent this Agreement differs from the Schedule Agreement between the
former B&.O and BRS, or any other Agreement entered into previous to this Agreement, the
provisions of this Agreement shall prevail.
B. In applying rules on holidays, personal leave, bereavement leave and jury duty to
BRS represented employees working ten hours per day under this Agreement; a basic day's
pay will be considered ten pro rata hours.
C. For convenience, references to gender, if any, in this Agreement are made in the
masculine gender. It is understood and agreed by the parties to this Agreement that
references to the masculine gender include both the masculine gender and the feminine
gender.
D. All new hires on these former properties will be furnished a copy of this
Agreement before entering service.
E. This agreement shall become effective December 1, 1994 and shall remain in
effect until modified or changed in accordance with the provisions of the Railway Labor Act,
as amended.
Signed at Davidson, NC this 21st day of November, 1994.
FOR THE EMPLOYEES:
I
FOR THE CARRIER:
C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
R. D. Hiel, Sr. Mgr.
Employee Relations
'1 S '"L. ____
F. E. Mason, Vice President
Brotherhood of Railroad Signalmen
BAOtrrl
M. Gibson, President
TRRY
Mk
Employee Relations
• Ml
.iANSPORTATION
500 water Street. ,455
Jacksonville. FL 32202
November 17, 1994
R. D. Hiel, Senior Manager
(904)359-1797
Side Letter No. 1
Mr. C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
321 Longanecker Road
Connellsville, Pennsylvania 15425
Dear Sir:
This refers to the Agreement covering the consolidation of the former B&O,
Western Maryland, and Three Rivers properties for BRS represented employees.
In recognition of the movement to system seniority from eighteen separate
seniority districts and the benefits of a single collective bargaining agreement to cover
the former B&O Railroad Company, the Three Rivers Railway Company and the
Western Maryland Railway Company, the Carrier shall establish a "signing bonus pool"
of $1,050,000.00.
The payments made to the employees will be subject to all applicable
withholding deductions required by law.
Additionally, each BRS represented employee on these properties in active
service on the date this Agreement is signed, will be given five shares of CSX stock,
to be credited by April 1, 1995. All employees hired after June 1, 1994 will be
ineligible to participate in the distribution of CSX stock.
Very truly yours,
Agreed:
.
C. T. Green, Gen. Chairman
Approved:
'I'-.f-ij,
F. E. Mason, Vice Pres., BRS
brail
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••••
ANSFORTAHON
Employee Relations
500 Water Street. J455
Jacksonv.He. FL 32202
November 17, 1994
R. D. Hiel, Senior Manager
(904)359-1797
Side Letter No. 2
Mr. C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
321 Longanecker Road
Connellsville, Pennsylvania 15425
Dear Sir:
This refers to the Agreement covering the consolidation of the former B&O,
Western Maryland, and Three Rivers properties for BRS represented employees.
As stated throughout the negotiations, it is not the Carrier's intent to eliminate
Independent Signal Maintainer Positions (Maintainers on WM) or Maintenance Gangs
and establish System Signal Construction Gangs in their place.
Should the
Organization believe the Carrier to be violating the intent of this Agreement by
undertaking the aforementioned, the Organization and the Carrier will meet to discuss
the matter.
If the parties are unable to reach an agreement, the Carrier may, nevertheless,
establish the additional System Signal Construction Gangs as intended, subject to the
right of the employees to progress the dispute as a claim or grievance under the
Agreement, and in such proceedings the burden will be on the Carrier to prove that
its operational requirements would be impaired if it did not effectuate such change(s).
This does not restrict the Carrier's right to establish "Division" Construction
Gangs with fixed headquarters.
It is also understood that maintenance gangs may assist in tests and
maintenance but will be primarily responsible for heavy maintenance.
Very truly yours,
Agreed:
C. T Green, Gen. Chairman
Approved:
F. E. Mason, Vice Pres., BRS
September 9, 1994
CSXT Labor Agreement
No. 15-18-94
Side Letter No. 3
Mr. C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
321 Longanecker Road
Connellsville,Pennsylvania 15425
Dear Sir:
This refers to the Agreement covering the consolidation of the former
B&O, Western Maryland, and Three Rivers properties for BRS represented
employees.
As stated throughout the negotiations, it is the Carrier's intent to
established a sufficient number of System Signal Construction Gangs so as not
to require employees working there positions to travel across the System to
protect their work.
Should the Organization believe the Carrier to be violating the intent of
this Agreement by assigning an "insufficient" number of System Signal
Construction Gangs to perform the construction work throughout the
consolidated territory, the Organization and the Carrier will meet to discuss
the matter. If the parties are unable to reach an agreement, the Organization
may progress the dispute as a claim or grievance under the Agreement, and in
such proceedings the burden will be on the Carrier to prove that establishment
of additional gang(s) are unnecessary to meet its operational requirements.
Very'truly yours,
Agreed:
C.T.1 Green, Gen. Chairman
Approved:
F. E. Mason, Vice Pre., BRS
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IANSTORTATION
Employee Relations
t
,_
500 Water Street. J455
Jacksonville. FL 32202
, „_
November 17, 1994
R. D. Hiel, Senior Manager
(904) 359-1797
Side Letter No. 4
Mr. C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
321 Longanecker Road
Connellsviile, Pennsylvania 15425
Dear Sir:
This refers to the Agreement covering the consolidation of the former B&O,
Western Maryland, and Three Rivers properties for BRS represented employees.
In recognition of the limitations of the Class 4 Helper Positions, with the
effective date of the Implementing Agreement, the classification of Class 4 Helper is
eliminated and Assistant Signalman shall be the entry level position. Newly hired
employees shall enter service as an Assistant Signalman in training as described in the
B&O training agreement.
Very truly yours,
C. T. Green, Gen. Chairman
Approved:
'It. "I ...
F. E. Mason, Vice Pres., BRS
brt!4
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Employee Relations
•iM
TRANSPORTATION
500 Warer Street. Jd55
Jacusonville. FL 32202
November 17, 1994
R. D. Hiel, Senior Manager
(904) 359-1797
Side Letter No. 5
Mr. C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
321 Longanecker Road
Connellsville, Pennsylvania 15425
Dear Sir:
This refers to the Agreement covering the consolidation of the former B&Q,
Western Maryland, and Three Rivers properties for BRS represented employees.
In is understood that CSXT Labor Agreement No. 1 5-44-94 (addressing "Makeup Time for the Christmas Holiday Period") will apply to B&O System Signal
Construction Gangs.
Very truly yours,
C. T. Green, Gen. Chairman
Approved:
''I < flij
F. E. Mason, Vice Pres., BRS
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TRANSPORTATION
Employee Relations
500 Water Street, J455
Jacksonville, fl 32202
November 17, 1994
?. D. ffiei. Senior Manager
(904)359-1797
B&O SYSTEM MAP
Side Letter No. 6
The B&O System effective December 1, 1994, consits of the former B&O
Western Maryland, and Three Rivers Railroads. This Northeast corner of CSXT covers
the states of Delaware, Maryland, Pennsylvania, West Virginia, Virginia, Ohio, Indiana
Illinois, and the District of Columbia.
Very truly yours.
Agreed:
C. T. Green, Gen. Chairman
Approved:
:^ ^
^
F. E. Mason, Vice Pres., BRS
tvmlfl
^K.
Emoiovee Relations
•^*
.iANSPORTATION
-00 Water Street. J455
Jacksonville. R 32202
November 17, 1994
R. D. Hiel, Senior Manager
(904)359-1797
Side Letter No. 7
Mr. C. T. Green, General Chairman
Brotherhood of Railroad Signalmen
321 Longanecker Road
Connellsville, Pennsylvania 15425
Dear Sir:
This refers to the Agreement covering the consolidation of the former B&O,
Western Maryland, and Three Rivers properties for BRS represented employees.
It is understood that employees covered by the B&O System Agreement, who
are required to drive Carrier owned vehicles from one work location to another on rest
days or holidays, will continue to be compensated as they have been in the past, as
provided in the B&O Schedule Agreement.
Very truly yours,
Agreed:
&• 7Q£
C. T. Green, Gen. Chairman
Approved:
'}. {
A'u _
F. E. Mason, Vice Pres., BRS