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BLE
MARCH 10, 1969
AGREEMENT
DATED MARCH 10, 1969
BETWEEN RAILROADS REPRESENTED BY THE
NATIONAL RAILWAY LABOR CONFERENCE
AND THE
EASTERN, WESTERN, AND SOUTHEASTERN
CARRIERS ' CONFERENCE COMMITTEES
AND THE EMPLOYEES OF SUCH RAILROADS
REPRESENTED BY THE
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
A G R E E M E N T
This Agreement, made this 10th day of March, 1969 by and
between the participating carriers listed in Exhibits A, B and C,
attached hereto and made a part hereof, and represented by the
National Railway Labor Conference and the Eastern, Western and
Southeastern Carriers' Conference Committees, and the employees
of such carriers shown thereon and represented by the Brotherhood
of Locomotive Engineers, witnesseth:
IT IS HEREBY AGREED:
ARTICLE I - WAGE INCREASES
Section 1 - First General Wage Increase
(a) Effective July 1, 1968 all standard basic daily rates of
pay of locomotive engineers (motormen) in effect June 30, 1968
shall be increased by an amount equal to 5.0%.
(b) Effective July 1, 1968 all standard mileage rates of pay
of locomotive engineers (motormen) in road service in effect June
30, 1968 shall be increased by an amount equal to 3.5%.
(c) In computing the percentage increases under paragraphs
(a) and (b) above, 5.0% shall be applied to standard basic daily
rates of pay, and 3.5% shall be applied to 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 l,000,000 pounds
(through freight rates)
Yard - 450,000 and less than 500,000 pounds
(separate computations covering five-day
rates and other than five-day rates).
(d) 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.
Section 2 - Second General Wage Increase
Effective January 1, 1969 all standard basic daily and
mileage rates of pay of locomotive engineers (motormen) in effect
December 31, 1968 shall be increased by an amount equal to 2.0%,
computed and applied in the same manner as the first general wage
increase provided under Section 1 above. 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, 1969 all standard basic daily and mileage
rates of pay of locomotive engineers (motormen) in effect June
30, 1969 shall be increased by an amount equal to 3.0%, computed
and applied in the same manner as the first general wage increase
provided under Section 1 above.
Section 4 - Special Adjustment in Road Service
Effective July 1, 1969, after application of all the general
wage increases provided for above, all standard basic daily and
mileage rates of pay of locomotive engineers (motormen) in road
service shall be adjusted by an amount equal to an additional
2.0%, computed and applied in the same manner as the first
general wage increase provided under Section 1 above.
Section 5 - Minimum Rate in Yard Service
Effective July 1, 1969, the rates of pay in the weight-on-
drivers bracket 450,000 and less than 500,000 pounds, as
increased under Section 3 above, will be the minimum standard
rates of pay in yard service.
Section 6 - Differential for Engineers Working Without Firemen
(a) Effective July 1, 1969, in lieu of the rates of pay as
increased under Sections 3, 4 and 5 above for engineers working
without firemen, a uniform differential of $4.00 per basic day in
freight and yard service, ant 4 cents per mile for miles in
excess of 100 in freight service, will be established for
engineers working without firemen, the fireman's position having
been eliminated pursuant to the provisions of Award 282.
(b) The standard basic daily and mileage rates of pay
effective July 1, 1969, resulting from application of Sections 3,
4, 5 and 6 of this Article I, are set forth in Appendix 3, which
is a part of this Agreement.
Section 7 - 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 I.
(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) 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, 2, 3 and 4 hereof, by the same
respective percentages and amounts as set forth therein, computed
and applied in the same manner.
(ii) Effective July 1, 1969, the rates of pay in the
weight-on drivers bracket 450,000 and less than 500,000 pounds,
as increased above, will be the minimum rates of pay in yard
service.
(iii) Effective July 1, 1969, in lieu of the rates of
pay as increased above for engineers working without firemen, a
uniform 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 established for engineers working
without firemen, the fireman's position having been eliminated
pursuant to the provisions of Award 282.
ARTICLE II - USE OF RADIO
(1) Section 3 of the BLE proposal of April 30, 1968,
covering special increase for engineers on locomotives equipped
with radio, is disposed of on the basis that it is recognized
that the use of radio, pursuant to the operating rules of the
individual carriers, is a part of the engineer's duties.
(2) Where existing agreements provide for arbitraries or
additional pay for using radios, the General Chairman on the
carrier involved will have the option of accepting this Agreement
in its entirety or preserving such existing arbitrary or
additional pay. If the General Chairman decides to preserve such
arbitrary or additional pay, effective July 1, 1969, the amount
by which the increases in yard rates of pay, exclusive of the
general wage increases provided for in this Agreement, and the
increases resulting from establishment of minimum yard rates,
exceed 40 cents per day will be applied against such arbitraries
or additional pay for using radios.
ARTICLE III - HOLIDAY PAY
Effective January 1, 1969, the existing rule covering pay
for holidays, set forth in Article I of the Agreement of June 25,
1964 and letter of understanding dated July 28, 1967, is hereby
amended to provide that:
(a) An eighth paid holiday, to be designated and added to
the list of the seven enumerated holidays now provided in the
above identified Agreements, shall be included and identified as
-
". . . and the Employee's Birthday"
(b) The requirement that a designated holiday must fall on a
workday of the workweek of the individual employee for him to
receive holiday pay will be eliminated by making the following
changes in Article I of the Agreement of June 25, 1964:
(i) Striking out the following language now contained in
Section 2(a):
". . . when such holidays fall on the assigned
work day of the work week of the individual
employee"
and the following language now contained in Section 2(c):
". . . and the holiday falls on a workday of his
assignment."
(ii) In Section 3(a), changing the phrase "any of the
following holidays" preceding the list of holidays to "each
of the following holidays" and striking out the following
language which now follows such list:
". . . if any of the above-designated holidays
falls on a work day of the work week as defined in
paragraph (c) hereof,"
(iii) Eliminating the provisions of Section 3(c) of Article
I of the Agreement of June 25, 1964.
(c) The provisions of Section 3 of Article I of the
Agreement of June 25, 1964, will apply to extra employees on a
common extra list protecting both road and yard service, to whom
compensation for yard or hostling service has been credited on
eleven (11) or more of the thirty (30) calendar days immediately
preceding the holiday; and Section 3(a) will be amended
accordingly.
(d) The eighth paid holiday, the "Birthday Holiday", shall
be applied in the following manner:
(i) The employee must qualify for his birthday holiday in
the same manner as other designated holidays, except that he
will not be required to work or be available for work on the
birth-day holiday to qualify for holiday pay if he so elects
by giving reasonable notice to his supervisor of his
intention to be off on the birthday holiday.
(ii) An employee whose birthday falls on February 29, may,
on other than leap years, by giving reasonable notice to his
super-visor, have February 28 or the day immediately
preceding the first day during which he is not scheduled to
work following February 28 considered as his birthday for
the purpose of this Article. If an employee's birthday falls
on one of the seven listed holidays, he may, by giving
reasonable notice to his supervisor, have the following day
or the day immediately preceding the first day during which
he is not scheduled to work following such holiday
considered as his birthday for the purposes of the Article.
(e) When one or more designated holidays fall during the
vacation period of the employee, his qualifying days for holiday
pay purposes shall be his workdays immediately preceding or
following the vacation periods. In road service, lost days
preceding or following the vacation period due to the away--from-
home operation of the individual's run shall not be considered to
be work-days for qualifying purposes.
(f) Not more than one time and one-half payment will be
allowed in addition to the "one basic day's pay at the pro rata
rate," for service per-formed during a single tour of duty on a
holiday.
ARTICLE IV - PAYMENTS TO EMPLOYEES INJURED UNDER CERTAIN
CIRCUMSTANCES
Where employees sustain personal injuries or death under the
conditions set forth in paragraph (a) below, the carrier will
provide and pay such employees, or their personal representative,
the applicable amounts set forth in paragraph (b) below, subject
to the provisions of other paragraphs in this Article.
(a) Covered Conditions:
This Article is intended to cover accidents involving
employees covered by this Agreement while such employees are
riding in, boarding, or alighting from off-track vehicles
authorized by the carrier and are
(1) deadheading under orders or
(2) being transported at carrier expense.
(b) Payments to be Made:
In the event that 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 GA-23000 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 $100,000
Loss of Both Hands 100,000
Loss of Both Feet 100,000
Loss of Sight of Both Eyes 100,000
Loss of One Hand and One Foot 100,000
Loss of One Hand and Sight of One Eye 100,000
Loss of One Foot and Sight of One Eye 100,000
Loss of One Hand or One Foot or Sight of One Eye 50,000
"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.
Not more than $100,000 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 GA-23000 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 $100.00 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.
(c) Payment in Case of Accidental Death:
Payment of the applicable amount for accidental death shall
be made to the employee's personal representative for the benefit
of the persons designated in, and according to the apportionment
required by the Federal Employers Liability Act (45 U.S.C. 51 et
seq., as amended), or if no such person survives the employee,
for the benefit of his estate.
(d) Exclusions:
Benefits provided under paragraph (b) shall not be payable
for or under any of the following conditions:
(1) Intentionally self-inflected injuries, suicide or
any attempt thereat, while sane or insane;
(2) Declared or undeclared war or any act thereof;
(3) Illness, disease, or any bacterial infection other
than bacterial infection occurring in consequence of an
accidental cut or wound;
(4) Accident occurring while the employee driver is
under the influence of alcohol or drugs, or if an employee
passenger who is under the influence of alcohol or drugs in
any way contributes to the cause of the accident;
(5) While an employee is a driver or an occupant of any
conveyance engaged in any race or speed test;
(6) While an employee is commuting to and/or from his
residence or place of business.
(e) Offset:
It is intended that this Article IV is to provide a
guaranteed recovery by an employee or his personal representative
under the circumstances described, and that receipt of payment
thereunder shall not bar the employee or his personal
representative from pursuing any remedy under the Federal
Employers Liability Act or any other law; provided, however, that
any amount received by such employee or his personal
representative under this Article may be applied as an offset by
the railroad against any recovery so obtained.
(f ) Subrogation:
The carrier shall be subrogated to any right of recovery an
employee or his personal representative may have against any
party for loss to the extent that the carrier has made payments
pursuant to this Article.
The payments provided for above will be made, as above
provided, for covered accidents on or after July 1, 1969.
It is understood that no benefits or payments will be due or
payable to any employee or his personal representative unless
such employee, or his personal representative, as the case may
be, stipulates as follows:
"In consideration of the payment of any of the
benefits provided in Article IV of the Agreement of
March 10 , 1969 (employee or personal representative)
agrees to be governed by all of the conditions and
provisions said and set forth by Article IV."
Savings Clause
This Article IV supersedes as of July 1, 1969 any agreement
providing benefits of a type specified in Paragraph (b) hereof
under the conditions specified in Paragraph (a) hereof; provided,
however, any individual railroad party hereto, or any individual
committee representing employees party hereto, may by advising
the other party in writing by June 2, 1969, elect to preserve in
its entirety an existing agreement providing accident benefits of
the type provided in this Article IV in lieu of this Article IV.
ARTICLE V - GENERAL PROVISIONS
(1) APPROVAL
This Agreement is subject to approval of the courts with
respect to carriers in the hands of receivers or trustees.
(2) EFFECT OF THIS AGREEMENT
(a) This Agreement is in settlement of the dispute
growing out of notices served on the carriers listed in Exhibits
A, B and C on or about April 30, 1968, and of the notices served
by the individual railroads on organization representatives of
the employees involved for handling concurrently with the
employees' notice, and shall be construed as a separate agreement
by and on behalf of each of said carriers and its employees
represented by the organization signatory hereto, and shall
remain in effect until January 1, 1970 and there-after until
changed or modified in accordance with the provisions of the
Railway Labor Act, as amended.
(b) No party to this Agreement shall serve, prior to
September 1, 1969 (not to become effective before January 1,
1970), any notice for the purpose of changing the provisions of
this Agreement. Any pending notices served by the organization
party hereto which are similar to the notices served on the
carriers parties hereto on or about April 30, 1968 are hereby
withdrawn and no such notices may be served by the organization
prior to September 1, 1969 (not to become effective before
January 1, 1970). Any pending notices served by a carrier party
hereto on the organization party hereto which are similar to the
notices served by the carriers for handling concurrently with the
employees' notice are hereby withdrawn, and no such notices may
be served by a carrier prior to September 1, 1969 (not to become
effective before January 1, 1970).
(c) Pending employee notices covering the following
subject matters:
(i) Installation of storm windows on
locomotives,
(ii) Installation of cab heaters in
locomotives,
(iii) Disputes involving mileage limitations which,
as of the date of this Agreement, have been
docketed by the National Mediation Board,
are excepted from the coverage of this Article.
(d) If a carrier party hereto undertakes a merger,
coordination or any similar transaction involving joint action by
more than one carrier requiring I.C.C. approval, notices relating
to protective conditions covering such employees who may be
adversely affected thereby are not subject to the provisions of
this Article.
(e) During the term of this Agreement, pending notices
covering subject matters not specifically dealt with in
paragraphs (a), (b), (c), or (d) of this Article need not be
withdrawn and new notices covering such subject matters may be
served, and such pending or new notices may be progressed within,
but not beyond, the specific procedures for peacefully resolving
disputes which are provided for in the Railway Labor Act, as
amended.
(f) This Article will not debar management and
committees on individual railroads from agreeing upon any subject
of mutual interest.
SIGNED AT WASHINGTON, D. C., THIS 10TH DAY OF MARCH, 1969.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED
LISTED IN EXHIBIT A: BY THE BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
J.W. Oram, et al C.J. Coughlin, et al
Chairman President
NOTE: Signatures Not Reproduced
SIDE LETTERS TO THE AGREEMENT
March 10, 1969
Mr. C. J. Coughlin
First Assistant Grand Chief Engineer
Brotherhood of Locomotive Engineers
1118 Engineers Building
Cleveland, Ohio 44114
Dear Mr. Coughlin:
In connection with Article III of the Agreement of March 10,
1969:
Employees who would be entitled to holiday pay for holidays
commencing with January 1, 1969, for which they were not eligible
under the former agreement provisions, may file claims for such
holiday pay. Time limit provisions in relation to such claims
start running from March 10, 1969, the date of the Agreement.
Will you please confirm your acceptance of this
understanding by affixing your signature in the space provided
therefor below?
Yours very truly,
J.P. Hiltz
ACCEPTED:
C.J. Coughlin
April 21, 1969
Mr. C. J. Coughlin
Grand Chief Engineer
Brotherhood of Locomotive Engineers
Engineers Building
Cleveland, Ohio 44114
Dear Mr. Coughlin:
It will be appreciated if you will confirm, by affixing your
signature in the space provided therefor below, that paragraph
(e) of Article III of the Agreement of March 10, 1969 which reads
-
"(e) When one or more designated holidays fall during
the vacation period of the employee, his qualifying days for
holiday pay purposes shall be his workdays immediately
preceding or following the vacation period. In road service,
lost days preceding or following the vacation period due to
the away-from-home operation of the individual's run shall
not be considered to be workdays for qualifying purposes."
is corrected to read -
"(e) When one or more designated holidays fall during
the vacation period of the employee, his qualifying days for
holiday pay purposes shall be his workdays immediately
preceding and following the vacation period. In road
service, lost days pre-ceding or following the vacation
period due to the away-from--home operation of the
individual's run shall not be considered to be work days for
qualifying purposes."
Yours very truly,
J.P. Hiltz
ACCEPTED:
C.J. Coughlin