Northern
Mid-Atlantic District Coordination Agreement Synopsis
Synopsis Preface note:
While reviewing the Northern Mid-Atlantic District Coordination Agreement
(hereinafter referred to as the NMA Agreement) it is extremely important for
the
reader/voter to understand what this Agreement is not.
THIS AGREEMENT IS NOT OUR
NATIONAL CONTRACT IN SETTLEMENT OF THE (RAILWAY LABOR ACT) SECTION 6 NOTICES WE
SERVED UPON THE CARRIER TN NOVEMBER 2009. AS SUCH, THIS IS NOT THE AGREEMENT
WHEREIN WAGES, ENTRY RATES, CONDUCTOR CERTIFICATION PAY, HEALTH & WELFARE
AND OTHER PAY-RELATED ISSUES WILL BE ADDRESSED!
THIS AGREEMENT IS ALSO NOT A SYSTEM AGREEMENT SIMILAR TO WHAT MANY OF
YOU HAVE READ ABOUT ON THE SOUTH END OF CSX.
You won’t find anything in
here related to Performance Bonuses in lieu of wage increases, an Electronic
Bid System (EBS) or reduction of crew sizes.
Our committee remains in
national handling regarding wages, entry rates, conductor certification pay,
health & welfare and other items addressed in our Section 6 Notice served
upon the Carriers on November 2, 2009. That tentative agreement, when
negotiations have been concluded, will be sent to each member for ratification
at a later date. Although you will note some enhancements to the B&O
Schedule Agreement within the contents of the NMA Agreement, and also retention
of certain (former Conrail) Northern District provisions for those employees,
this Agreement is strictly in settlement of a coordination notice (transaction)
served upon the B&Q UTU General Committee and the former Conrail Northern
District General Committees pursuant to Section 4 of the New York Dock labor
protective conditions imposed under Finance Docket 33388.
DO NOT GET CONFUSED AND
VOTE AGAINST THIS AGREEMENT BECAUSE THERE ARE NO WAGE INCREASES. THAT IS A
SEPARATE AGREEMENT ALTOGETHER, AND IS BEING HANDLED NATIONALLY!
Article 1 — Consolidated Territory
• Agreement to become effective upon 10 days notice to the General Chairperson
(expected in the 1st quarter of 2011 upon completion of new facility
at
• The Northern Mid-Atlantic consolidated territory will include the entirety of
the current B&O Eastern, B&O Western and former CR Northern districts.
This
section also stipulates contemplated operational changes resulting from the
coordination at key locations affected, including
1. The new facility at
2.
3.
4.
5.
6.
Article 2 — Seniority and Prior Rights
Existing seniority districts and rosters will be retained as prior right
districts/rosters with each entity maintaining prior rights on
assignments/positions they currently hold; but giving all NMA employees an
entitlement to work throughout the consolidated district (while they cannot be
forced to accept a position outside their prior right district.)
• This section also defines the difference between:
1. A prior right employee (someone who
holds seniority on a trainman roster as of the effective date of the
agreement),
2. A non-prior right employee (someone
establishing seniority after the effective date of the agreement) and
3. A common right employee (a non-prior
right employee or a prior right employee who is exercising seniority outside
the parameters of his prior rights).
Article 3 — Seniority Roster
• The Carrier will prepare a Northern Mid-Atlantic Consolidated Roster (listing
conductors/trainmen according to their earliest retained seniority date on
their former trainmen roster). This roster will be used for claiming NMA common
right positions, or prior right positions that are not claimed by members of
the owning prior right entity.
• Conductors/trainmen will have six (6) months to protest their initial ranking
on the NMA Consolidated Roster.
• Subsequent changes to the NMA roster will be subject to a maximum protest
period of two (2) years from the February 1st roster wherein the
protested change was made.
Article 4 — Working Conditions
• The B&O Agreement will apply throughout the NMA District, with the
exception of the Baltimore and Ohio Chicago Terminal (where a separate
agreement applies today and is retained).
• The Carrier’s right to create, maintain or abolish service is maintained throughout
the NMA District as it applies today in each district.
• Northern District on duty points established in the future must conform to
the terms of the B&O Agreement.
• Deadhead transportation
will not include deadhead by freight train except in case of an emergency as
defined in Rule 100, Section 11 of the B&O Agreement.
• Employees forced to regular positions protected from an extra board 50 miles
from their former supply point extra board (and their residence) will be
allowed to utilize company lodging, if available, for up to 30 days.
• Prior right outlying point vacancies protected first by the nearest prior
right extra list, then by the nearest extra list (regardless of prior rights).
Common right outlying point vacancies protected by the nearest extra list
(regardless of prior rights).
• Operating into a shared assets area will be treated the same as operating
into a CSX NMA yard.
Article 5 — Qualifying/Training
• Prior right employees will not be forced to lose time or utilize off duty
time to qualify over new territory.
• Employees unable to secure a position at their current terminal work location
will be compensated to qualify at the next nearest supply point.
• Pilots are to be provided from the appropriate conductor’s extra board (where
pilots are used instead of qualifying trips).
• Voluntary exercise of seniority is excluded from this provision (except that
in situations where a pool has been extended as a result of implementation, and
the home terminal has been reversed, the employee will be able to secure
qualifying trips from the new home terminal for 6 months.)
Article 6 — Vacation Assignment
• Vacations to be assigned at each supply point in the NMA District as they are
today, recognizing prior right employees first... then common right employees.
Article 7 — Labor Protection
• New York Dock labor protective conditions to be applied.
• Employees at the following locations whose assignments are abolished within
90 days (before or after) the Organization receives a Notice of Implementation
regarding service to be established affecting their supply point will be
automatically certified as “displaced employees” without being required to
identify a causal connection.
1.
2. Willard/Crestline, OH
3.
4.
5.
6.
7.
8.
• Other employees (from the trickle down effect) may also be certified for a
NYD protective guarantee, but it will be incumbent upon the employee to establish
a causal connection between the transaction and the abolishment causing his/her
inability to secure employment providing the same level of income as in the
test period before the transaction.
Article 8 — Labor Protection Claims
and Appeal Process
• Stipulates the procedures for making application for certification of adverse
affect, as well as for filing one’s monthly claim once certification has been
granted.
• Illustrates the time limits applicable to each step of the appeal process.
Article 9— Gender Clause
• Self explanatory
Article 10 — Errors and Omissions
• Self explanatory
Article 11 — Disputes Handling
• In the event of a conflict between this Agreement and the 1998 NYD Conrail
Implementing Agreement the provisions of this Agreement will prevail.
• Right to arbitrate stipulated.
• Agreement to become effective upon 10 days notice to the General Chairpersons
and will constitute the required agreement as stipulated in the protective
conditions imposed in FD 33388.
SIDE LETTERS:
SL #1: All train service employees allowed to carry over up to 100 PL days. CR
employees retain their PL day entitlements.
SL #2: Instructor Allowance increased to $18.00.
SL #3: CSX payroll will
not be allowed to recover over payments after 60 days from the date of payment.
SL #4: CSX to recognize 234 “computed” days for the purpose of determining
qualification for road vacations (180 basic days x 1.3 days 234 qualifying).
SL #5: Increase/decrease of assignments — procedure for rationing prior rights.
SL #6: Exercise of
seniority upon implementation date at a specific location (advertisement and
qualifying of successful applicants).
SL # 7: (Former Conrail) Northern District extra boards will continue to be
guaranteed at their current rate for a period of six (6) years during which
time the parties will attempt to reach agreement on a uniformed guaranteed
extra board rate.
SL #8: Conrail Northern District crew consist productivity (trust) funds and
short crew allowance payments to remain separate from B&O Fund 6603.
SL #9: Conrail roster F and G employees flowback to/from Amtrak pursuant to the
November 8, 1982 Section 1165 Agreement preserved.
SL #10: Canadian working papers — travel reimbursement addressed.
SL #11: CR Northern District Pool Agreements to be retained for a minimum of
six (6) months.
SL #12: Side Letters and Local Agreements applicable B&O Western District
side letters applied to Conrail Northern District trainmen. Conrail local agreements
canceled unless specifically stipulated otherwise. Also, geographical designations and
territorial rights exclusive to the Conrail Northern District retained.
SL #13: Away-from-home meal allowance for road service employees increased to
$10.00. ($20.00 for 12 hours)
SL #14: Bleeder positions
SL #15: Engine Service Seniority date — to follow the provisions of the Charles
P. Fischbach Award on CSXT to the extent that newly promoted engineers hired
after June 1, 1999 will retain their relative trainmen seniority standing in
engine service so long as they accept promotion at the first opportunity it is
afforded to them while in active train service.
SL #16: Test Period Averages Union Representative. Establishes procedures for
computing NYD test period averages for part time (and full time) union
representatives should they become certified as ‘displaced employees” or
dismissed employees” as a result of the transaction.
SL #17: Vacation
Scheduling - Trainmen to be able to convert up to two (2) weeks of weekly
vacation to daily vacation days. Also, December 1st to become the
new date for determining the craft of employee for next year’s vacation. Weekly
vacations to be scheduled between December 15th and January 15th
. Trainmen vacations’ will begin
at midnight starting in 2011.
SL #18: B&O CT Agreement. Because the B&OCT Agreement is maintained,
this side letter provides them with the enhancements being realized under the
B&O Agreement relative to PL days, training allowance, overpayment recovery
limit, prior rights, engine service seniority date, union representative test
period averages and vacation scheduling (two weeks of daily vacation).
SL #19: One (1) hour “auto shelter” arbitrary on former Conrail property
retained for six (6) years, with the understanding the General Chairperson and
Carrier Representative will attempt to reach an understanding to address this
payment into the future.
SL #20: Conrail claim resolution.
Agreement to withdraw outstanding Conrail (penalty) claims for a
settlement of $225,000.00 to be distributed in accordance with procedures
established by the former CR General Chairpersons.
For the tentative 2010 UTU Implementing
Agreement (with side letters) click here.
For a quick list of benefits of the
new 2010 UTU Implementing Agreement click here.