(a) The Gateway Western Railway may establish work train assignments (regular or extra) at various locations provided the following conditions are met:
I. The rate of pay for all work train assignments (regular or extra) shall be as provided for under Rule 9 (a)
(a) Eight hours of less shall constitute a days work
(b) All time worked in excess of eight hours in a calendar day shall be paid for as overtime, on the minute basis, at one and one half (1 1/2) times the hourly rate.
II. Employees willing and authorized to use their personal automobiles for the purpose of traveling to and from work train assignments shall be allowed the current IRS rate per actual highway miles involved in addition to any and all other earnings paid for trip or tour of duty.
III. The on and off duty locations of all work train assignments shall be at the point the assignment originates and terminates on a daily basis. Rule 27 - (a), (b) and (c) of the Scheduled Labor Agreement shall apply to all employees assigned to work train assignment when such assignment are tied up at location other than extra board supply point.
IV. Engineers in work train service can be held over any days in a calendar week, but if so held a basic day's pay will be allowed.
V. Road work train vacancies will not be bulletined for assignment except that the parties may agree locally to bulletin vacancies know, in advance, to be of ten (10) or more days duration.
VI. Work train assignments shall not be required to handle revenue freight of any type nor shall employees assigned there to be changed, censured, disciplined or have notations placed on his/her records for refusing to handle such revenue freight.
(a) The crew may be required to perform service in connection with wreck or damaged to their train or other trains including handling of wrecker equipment.
VII. Except to implement the terms and conditions provided for herein, all schedule agreement rules that have not been specifically modified by the provision of this Agreement shall remain in full force and effect
VIII. this Agreement shall become effective on the date Carrier Commences operation and shall remain in effect for the full term of the moratorium under Rules Agreement between the Gateway Western Railway and Brotherhood of Locomotive Engineers.
(a) Engineer's Pool Blocks will be bulletined by number. A designated Home Terminal, Away-from-Home Terminal and on duty and off duty points will be included.
(b) The BLE Local Chairman and a designated Carrier Representative will jointly adjust Pool Blocks every fourteen (14) days effective 12:01 a.m. on Saturday. Pool Blocks may be added during the fourteen (14) day period to provide for reasonable time off.
(c) Pool engineers will be guaranteed to make (10) starts per pay period. The pay period will begin at 12:01 a.m. Monday and end 12:00 Midnight Sunday. Days paid, but not worked; on holidays (Rule 39), vacation days (Rule 47), approved personal days (Rule 40), court time days (Rule 42), and jury duty days (Rule 44), shall count as time worked. Voluntary absences from the Pool reduces the guarantee two days per trip basis. Ten paid starts per two week period qualifies an Engineer under Rule 53. Pool Engineers must hold an assignment for the entire two week pay period to qualify for the guarantee, except that if an engineer is displaced after having been paid six days in the pay period, his guarantee will be pro-rated for the period worked.
(d) Pool Blocks will stand first in - first out, in the order of tie up time at the Away-From-Home Terminal. Time at Kansas City, Rock Creek Junction and East St. Louis will determine first in, first out.
(e) If deadheaded out of Home Terminal or Away-From-Home Terminal, first out Pool Block will be called to deadhead ahead of working Pool Block, if called at the same time.
(f) Pool Block vacancies will be filled by the Extra Board or in accordance with Rules 25 and 30.
(g) If the Extra Board is depleted, vacancies will be filled in the following order:
(A) Furloughed Engineers
(B) Demoted Engineers on Trainmen's Extra List
(C) Other rested Pool engineers (at Engineer's option)
(D) Engineers on rest days (at Engineer's option)
(E) Junior Engineer who can be contacted (forced)
No compensation in addition to the time worked will be allowed.
(h) Pool Blocks must be returned to their Home Terminal on the second trip out of their Away-From-Home Terminal.
(i) Rule 19 (b); If requested by an Engineers, the Carrier will provide a three hour call when practical.
The Agreement will become effective March 31st, 1990 and may automatically be terminated by either party serving a written ten (10) day notice to the other party of the desire for cancellation of this Agreement.
Whereas, the Gateway Western Railway (hereafter, the Carrier) intend to commence a training program for the promotion of trainmen to engineers, and may require Carrier engineers to perform in-service training for those engineer trainees as well as for promoted engineers requiring requalification; and
Whereas, under provisions of the Working Agreement between the Carrier and the Brotherhood of Locomotive Engineers (herein-after, the BLE), has the right to make and interpret contracts covering rules, rates of pay and working conditions on behalf of engineers;
Therefore, the parties hereby agree to the implementation of an engineer training program according to the following provisions:
A. The Carrier and the BLE shall cooperate in selecting locomotive engineers to act as engineer instructors. While performing his normal duties, an engineer-instructor may have a trainee undergoing accelerated or other engineer training assigned to him for one or more tours of duty. The engineer- instructor will act as a field instructor, indoctrinating the trainee in the functions and responsibilities of engineers under actual working conditions.
B. The General Committee of the BLE, and such Local Committees as shall be designated in writing by the General Committee, shall be furnished the name and address of trainmen entering the engineer training program, showing the date each class of one or more trainees commences the program. The committees will also be furnished an outline of the instructions to be given and the requirements for successful completion of the program.
C. An engineer-instructor will be paid one (1) hour, at the rate of service in which engaged, for each tour of duty, or portion thereof, that a trainee is assigned to him for training.
D. The engineer-instructor will permit a trainee under his supervision to operate the engine and perform other functions of an engineer.
E. The engineer-instructor will not be held responsible for broken knuckles, damaged drawbar or rough handling when the engine is operated by the trainee. He will however, be responsible for the safe movement of his train and engine according to the operating rules.
F. An engineer-instructor will complete progress reports on a trainee assigned to him, as may be directed, which will be considered in determining qualifications for promotion to engineer. Incompetence lack of judgment or other detrimental traits or attitudes will be reported.
G. Upon successful completion of the training program, the engineer trainee shall be: (1) certified as a qualified locomotive engineer, (2) shall be awarded a certificate so stating, and (3) will be represented by the Organization during his service as an engineer. Upon such certification, the Carrier shall supply the BLE General Committee with names of the engineers so certified, and the date of the certification.
H. Any trainman who successfully completes the training program will have his standing on the engineers' seniority roster based on the date he first works as an engineer, provided, however, that if two or more such trainmen have graduated from the training program in the same class, they all will be placed on the seniority roster with the earliest date on which any member of the class begins work as an engineer, and they will have seniority standing relative to each other based on their trainmen seniority order.
This Agreement becomes effective on the thirtieth (30th) day of January, 1989. Signed at Chicago, Illinois this 27th day of January, 1989