AGREEMENT BETWEEN METRO-NORTH RAILROAD AND ASSOCIATION OF COMMUTER RAIL EMPLOYEES AS THE BARGAINING REPRESENTATIVE

Transcription

1 AGREEMENT BETWEEN METRO-NORTH RAILROAD AND ASSOCIATION OF COMMUTER RAIL EMPLOYEES AS THE BARGAINING REPRESENTATIVE OF CONDUCTORS, ASSISTANT CONDUCTORS AND HOSTLERS EMPLOYED BY METRO-NORTH EFFECTIVE: JANUARY 1, 2007 JUNE 15, 2010

2 Metro-North/ACRE (C&T) CBA ASSOCIATION OF COMMUTER RAIL EMPLOYEES (C&T) RULE NO. SUBJECT INDEX PAGE RULE 1 SCOPE AND DEFINITIONS 1 RULE 2 CLASSIFICATIONS AND BASIS OF PAY 2 RULE 3 ENTRY RATES 5 RULE 4 SENIORITY 6 RULE 5 SENIORITY ROSTER 7 RULE 6 PROMOTION TO CONDUCTOR FOR EXISTING ASSISTANT CONDUCTORS AND NEW HIRE CONDUCTOR TRAINING PROGRAM 8 RULE 7 CREW CONSIST 10 RULE 8 BULLETINS AND ASSIGNMENTS 12 RULE 9 REDUCING AND INCREASING FORCES 17 RULE 10 ANNULMENT OF ASSIGNMENTS 19 RULE 11 - EXTRA BOARD 20 RULE 12 RELIEF DAY WORK 24 RULE 13 REST 25 RULE 14 FILLING CONDUCTOR VACANCIES 26 RULE 15 DEADHEADING 27 RULE 16 LAYING OFF/REPORTING 28 RULE 17 CALLS 28 RULE 18 CUTOFF ENROUTE 29 RULE 19 TRAINING, QUALIFYING AND EXAMINATIONS 30 RULE 20 PHYSICAL EXAMINATIONS 31 RULE 21 ATTENDING COURT OR CORONER'S INQUEST 32 RULE 22 BEREAVEMENT LEAVE 33 i January 1, 2007 June 15, 2010

3 ASSOCIATION OF COMMUTER RAIL EMPLOYEES (C&T) RULE NO. SUBJECT INDEX PAGE RULE 23 JURY DUTY 33 RULE 24 SPECIAL BOARD OF ADJUSTMENT 34 RULE 25 PRESENTATION OF CLAIMS FOR COMPENSATION 34 RULE 26 DISCIPLINE AND INVESTIGATION 37 RULE 27 LEAVE OF ABSENCE 45 RULE 28 COLOR PERCEPTION 46 RULE 29 DETERMINATION OF PHYSICAL FITNESS 47 RULE 30 APPROVAL OF APPLICATION 48 RULE 31 LOCKER FACILITIES 49 RULE 32 UNIFORMS 49 RULE 33 VACATION 51 RULE 34 HEALTH AND WELFARE BENEFITS 57 RULE 35 UNION SHOP 57 RULE 36 DUES DEDUCTION 61 RULE 37 MEAL PERIOD 68 RULE 38 HOLIDAYS 68 RULE 39 PERSONAL LEAVE 73 RULE 40 SICK LEAVE 75 RULE 41 FLASHLIGHTS 83 RULE 42 PROMOTION TO OFFICIAL POSITION 84 RULE 43 FLAGGING SERVICE 84 RULE 44 ITEMIZED STATEMENT OF EARNINGS 84 RULE 45 CABOOSES AND RIDER CARS 85 January 1, 2007 June 15, 2010 ii

4 Metro-North/ACRE (C&T) CBA ASSOCIATION OF COMMUTER RAIL EMPLOYEES (C&T) RULE NO. SUBJECT INDEX PAGE RULE 46 PLACEMENT OF DISABLED EMPLOYEES 85 RULE 47 HANDLING LOCAL DISAGREEMENTS 86 RULE 48 PORTABLE RADIOS 86 RULE 49 SEVERABILITY 87 RULE 50 STARTING TIMES 87 RULE 51 CONFERENCES 88 RULE 52 RAIN GEAR-PARKA 88 RULE 53 OFF TRACK VEHICLES 88 SUBJECT PAGE Attachment A /18/84 Letter Amending Attachment "A" Metro-North/UTU Agreement Agreed Upon Questions & Answers February 1983 Letter Re: Harlem Division Seniority February 1983 Letter Re: Prior Right New Haven Division Seniority February 1983 Letter Re: Hudson Division Seniority Rights /31/84 Memorandum Of Understanding Application Of Rule Interest Arbitration Supplemental Award Of March 22, 1984 (Stutz Award) /11/84 Memorandum Of Understanding Re: Application Of Rule 15 And /11/84 Memorandum Of Understanding Re: Application Of Rule iii January 1, 2007 June 15, 2010

5 SUBJECT PAGE 05/11/84 Letter Of Agreement Re: Former Home Division Seniority /09/88 Letter Re: Health And Welfare Cost Containment /09/88 Letter Re: Scheduling Investigations /09/88 Letter Re: Holddown And Vacation Relief Assignments Appendix No. 1 - Cost Containment Measures Appendix No. 2 - Defined Contribution Pension Plan /03/91 Bulletinings and Assignments/Extra List Posting /03/91 Single Day Vacations /03/91 Grand Central Terminal Bunk/Quiet Room /31/91 Letter Regarding Metro-North s Health And Welfare Cost Containment Measures Appendix No. 3 Health and Welfare /11/93 Letter Regarding Rule 15 (Deadheading) /29/93 Memorandum Of Agreement Regarding Rule /16/94 Letter Resolving Outstanding Disputes /05/95 Letter October 29, 1983 Agreement Concerning Seniority /27/95 Issues Resolved at Collective Bargaining /29/96 Letter Regarding Sick Leave Plan /11/96 Letter Regarding Combined Extra List /09/97 Training Agreement /23/97 Letter Regarding Movement Of Equipment In And Around Certain Metro-North Maintenance Facilities /31/97 Letter Resolving Outstanding Disputes /05/97 Letter Assigning of Passenger Crews to Test Trains /25/98 Letter Of Understanding Regarding Rule 12(F) /20/98 Letter of Agreement January 1, 2007 June 15, 2010 iv

6 Metro-North/ACRE (C&T) CBA SUBJECT PAGE 10/09/98 Letter Vacation and Personal Leave /13/99 Letter Resolution of Outstanding Issues Related to the Crew Management System /10/2000 Letter Piloting Sperry Rail Equipment /20/2000 Letter Rule 36 Union Shop /28/2000 Letter Payment for Relief Day Work Subsequent to Vacation Periods /10/2003 Letter Port Jervis Line Flagging for Capital Projects /17/2003 Letter Highbridge Yard /29/2006 Letter Early Retirement Health Benefits /18/2007 Letter Waiver of 100 Day Requirement In Retirement Year /18/2007 Letter Early Retirement Health Benefits /1/2007 Letter Extra List and Relief Day List Calling Order /1/2007 Letter Q and A for Handling Holddowns / Letter Resolution of Issues in New Haven /08/2009 Letter Metro-North Attendance Policy /01/2009 Letter Printing of Contract v January 1, 2007 June 15, 2010

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8 RULE 1 SCOPE AND DEFINITIONS a. This Agreement will apply to the work or service performed by the employees specified herein and governs the rates of pay, hours of service and working conditions of all employees, as defined in this Rule, engaged in the performance of work presently recognized as the exclusive work of passenger, road, and yard train service employees on main lines, or branch lines or within yard facilities. b. Metro-North Railroad Company (hereinafter "Metro- North") recognizes the General Committees of Adjustment of the Association of Commuter Rail Employees (C), (T) and (E), the Chairman of which are signatories hereto as bargaining representatives of all train service employees employed by Metro-North. c. The words "employee" or "employees" as used in this Agreement refer to all train service operating craft personnel. Train service operating craft personnel will be classified as Conductor or Assistant Conductor. d. "Duly accredited representative" means a member of the Local Committee of Adjustment of the Association of Commuter Rail Employees (C), (T) and (E) having jurisdiction or a member of the Association of Commuter Rail Employees Union designated by the General Chairman. e. "Local Chairman" means the Chairman of a regularly constituted Local Committee of Adjustment of the Association of Commuter Rail Employees (C) and (T) having jurisdiction. f. "General Chairman" means the Chairman of the regularly constituted General Committee of Adjustment of the Association of Commuter Rail Employees (C) and (T) signatory hereto. g. "Crew Base" means a location where crews normally go on or off duty. 1 JANUARY 1, 2007 JUNE 15, 2010

9 h. "Nearest Crew Base" or "Nearest Extra Board" means: assignments on the Harlem line - from North White Plains go to Putnam Junction; assignments on the Hudson line - from Croton Harmon to Poughkeepsie; assignments on the New Haven line - from Stamford go to New Haven. RULE 2 CLASSIFICATIONS AND BASIS OF PAY a. Employee classification and rates of pay effective January 1, 2007 are: Conductor Assistant Conductor $34.55 per hour $31.03 per hour Rates of pay effective January 1, 2008 are: Conductor Assistant Conductor $35.76 per hour $32.12 per hour Rates of pay effective January 1, 2009 are: Conductor Assistant Conductor $36.83 per hour $33.08 per hour b. Except as provided in Rule 17, regularly assigned employees and employees assigned to a guaranteed Extra Board will be paid a minimum of eight (8) hours for each tour of duty, regardless of time actually worked. Employees will be paid for each trip or tour of duty at the straight-time rate for the first eight (8) hours on duty and at the time and one-half rate for all time in excess of eight (8) hours on duty between the time they are required to report for duty until the time they are finally released on completion of service at such employee's crew base. c. Subject to the other provisions of this Agreement, each employee subject to the job guarantee of Rule 7(d) shall be JANUARY 1, 2007 JUNE 15,

10 guaranteed five (5) days pay per week at the applicable rate for his classification. d. On fifty percent (50%) of the passenger assignments commencing on the Hudson Line, fifty percent (50%) of the passenger assignments commencing on the Harlem Line, and fifty percent (50%) of the passenger assignments commencing on the New Haven Line (hereinafter referred to as "swing time assignments") employees may be released during the work day for a period of at least one (1) consecutive hour but not to exceed a total of four (4) consecutive hours, and will be compensated at a rate of one-half (½) the straight time rate. Swingtime assignments will be rounded to fifteen (15) minute increments and no release time will be scheduled on assignments less than nine (9) hours or after 8 p.m. and before 6 a.m. It is agreed that the total time on duty less release time shall not be less than eight (8) hours. When an employee is at a location other than the designated crewbase of the assignment for four (4) hours or more between scheduled arrival and departure time (regardless of pay status) and his/her assignment is of ten (10) total hours or more, a meal allowance of seven dollars ($7.00) will be afforded. Employees will not be required to perform any service during release time and will not be subject to discipline for refusing to perform work during release time. If an employee performs service during designated release time, he will be paid for the time he performs such service at the time and one-half rate. The number of paid hours of release time shall be included in the calculation of overtime for time on duty after forty (40) hours in a work week. e. Employees paid for forty (40) straight-time hours in a work-week will be paid at the time and one-half rate for all additional time on duty paid for in the work week. The eight (8) hours paid at straight-time for time spent on Bereavement Leave (Rule 22), Jury Duty (Rule 23), Holidays (Rule 39), Personal Leave day (Rule 40), one (1) single day vacation per work week, payment of a guarantee day (Rule 11) or Hours of 3 JANUARY 1, 2007 JUNE 15, 2010

11 Service payments (Rule 17) will count towards the calculation of the forty (40) hour work week requirement. During a change of schedule assignment pick, employees who otherwise have fulfilled the forty (40) hour work week requirement of their assignment will be entitled to premium pay for the sixth and seventh days(s) worked. f. If an employee in yard or switching service commences a second tour of duty within twenty-two and one-half (22½) hours of the time he started a first tour, he will be paid for the second tour of duty at a rate of time and one-half. g. There shall be no swing time assignments on Saturdays, Sundays or holidays. h. When employees are used as pilots, they will be paid the Conductor's rate of pay for the entire trip or tour of duty. i. Employees held at other than their home crew base will be paid for the actual time so held for the first eight (8) hours in any twenty-four (24) hour period. j. The term "work week" for regularly assigned and Extra Board employees will mean a week beginning on the first day on which the assignment is bulletined to work. k. Passenger employees will not be required to work in yard service, nor will yard employees be required to work in passenger service. l. A passenger employee may, consistent with Rule 2(k), be required, as part of his assignment, to perform the following duties: 1. Yarding or platforming of all of his assigned train. 2. Applying or releasing hand brakes to secure or prepare his train. JANUARY 1, 2007 JUNE 15,

12 3. Switching out of crippled cars in his assigned consist en route and at crew bases when no yard crew is on duty. 4. "Going around the loop" with a train at Grand Central Terminal, and thereafter taking the train to a yard track. m. When employees report for their regular assignment and are assigned in the same grade of service to other crews they will be paid for the actual time worked, but their total compensation will not be less than the earnings of their regular assignment. n. Employees reporting late because of interruption of service on Metro-North shall suffer no loss of pay, provided that the train used is scheduled to arrive at the crew base sufficiently in advance of their regularly scheduled reporting time. o. Effective with the first schedule change in 1996, Conductors will receive five (5) minutes additional off duty time at the crew bases where the engineer currently receives five (5) or more minutes than the Conductor. RULE 3 ENTRY RATES For the first twelve (12) calendar months of service, employees entering service on and after February 26, 1988 will be paid seventy percent (70%) of the basic hourly rate of pay for the class and craft in which service is rendered. For the second twelve (12) calendar months of service such employees will be paid seventy-five percent (75%) of the basic hourly rate of pay. For the third twelve (12) calendar months of service such employees will be paid eighty percent (80%) of the basic hourly rate of pay. For the fourth twelve (12) calendar months of service such employees will be paid eighty-five percent (85%) of the basic hourly rate of pay. For the fifth twelve (12) calendar months of service such employees will be paid ninety percent (90%) of the basic hourly rate of pay. For the sixth 5 JANUARY 1, 2007 JUNE 15, 2010

13 twelve (12) calendar months of service and thereafter such employees will be paid one hundred percent (100%) of the basic hourly rate of pay. Former railroad employees will be given credit for their previous railroad employment in train service. RULE 4 SENIORITY a. The Metro-North area of operations will constitute a single seniority district. The seniority ranking as Assistant Conductor on Metro-North for employees transferring to Metro-North pursuant to Article I-III of the Implementing Agreement dated October 12, 1982, will be in accordance with the Order Selection List established pursuant to the Implementing Agreement. b. The seniority ranking as Assistant Conductor on Metro-North for employees on the "Supplemental Order Selection List" (employees who bid for initial Metro-North positions, but were not awarded such a position) who later transfers to Metro-North will be in accordance with standing on the Supplemental Order Selection List. The ranking of all employees covered by this paragraph "b" will follow the ranking of all employees covered by paragraph "a". c. Furloughed Conrail train service employees who transfer to Metro-North pursuant to Article V of the Implementing Agreement will establish seniority on Metro-North as of the first day they perform service as an employee for Metro-North. d. Employees other than those covered by paragraphs "a" and "b", who enter service in a classification covered by these work rules will establish seniority as of the time and date they first report to the medical examiner. The ranking of all employees covered by paragraphs "c" and "d" will follow the ranking of all employees covered by paragraphs "a" and "b". JANUARY 1, 2007 JUNE 15,

14 e. Employees establishing seniority in train service after January 1, 1994 will establish a seniority date as of the date they begin a pre-service training program. No employee will establish seniority or be placed ahead of any employee of a prior training class. Metro-North employees transferring into train service from other crafts or departments will be placed ahead of their class members who do not have an employment relationship with Metro-North. Such transferees will be placed on the ACRE (C&T) seniority roster in the order of their company service. Employees with prior railroad experience similarly will be placed on the ACRE seniority roster behind the transferees in the order of their prior railroad service. Employees without Metro-North or any other railroad experience will be placed on the roster in chronological order according to their birth dates. All records verifying any claim of seniority must be furnished to Metro-North's Personnel Officer. f. Train Service employees transferring into another class or craft within Metro-North will continue to hold and accrue train service seniority until such time that they establish seniority under the provision of the Agreement governing their new class or craft. g. Train service employees may not establish or accrue additional seniority in any but a supervisory craft subsequent to their ACRE seniority roster date. Exceptions to this paragraph warranted in the application of Rules 27 or 9 must be explicitly provided for. RULE 5 SENIORITY ROSTER a. A roster showing seniority dates, promotion dates, prior rights (if any), and seniority standing will be posted in a conspicuous place at all crew bases for the information of 7 JANUARY 1, 2007 JUNE 15, 2010

15 Conductors and Assistant Conductor, with a copy to the General Chairman and Local Chairman. b. The roster will be revised and posted in April of each year and will be open to protest for a period of sixty (60) calendar days from date of posting. Protests on seniority dates will be confined to names added or changes made since posting the previous rosters, except when good cause is shown by the employee for not protesting sooner. Upon an employee's presentation of proof of error, such error will be corrected. Employees who are off on leave of absence, vacation, sickness, disability or suspension at the time the rosters are posted will be given sixty (60) calendar days from the date of their return to duty in which to protest. If no protest is made during this time, their seniority dates will be deemed correct. RULE 6 PROMOTION TO CONDUCTOR FOR EXISTING ASSISTANT CONDUCTORS AND NEW HIRE CONDUCTOR TRAINING PROGRAM a. Except as otherwise provided in the ACRE Training Agreement dated April 9, 1997, an Assistant Conductor must be examined for promotion to Conductor during the time between the completion of their first two hundred (200) days of actual work as Assistant Conductors and their first five hundred ten (510) days of actual work as Assistant Conductor. Promoted Assistant Conductor will rank as Conductors in the order of their seniority standing as Assistant Conductor. An Assistant Conductor will not be permitted to relinquish his standing as a Conductor. No employee will be force assigned as a Conductor when there are junior employees who have the required five hundred ten (510) days and who have not yet been promoted. This promotion procedure will go into effect on April 1, b. An Assistant Conductor who was promoted and subsequently was permitted under a Rule established by JANUARY 1, 2007 JUNE 15,

16 Conrail or a Conrail predecessor to relinquish his seniority rights as a Conductor, will not be permitted to take another examination for promotion, but will retain seniority on Metro-North as an Assistant Conductor. c. An Assistant Conductor hired under a Rule which granted him the option of declining to take the examination for promotion, and who exercised that option and is no longer eligible for that promotion will not be permitted to take an examination for promotion but will retain seniority on Metro-North as an Assistant Conductor. A. CONDUCTOR TRAINEES 1. A Conductor Trainee shall be entered into a six (6) month training program that will require employees to become fully qualified conductors upon completion. 2. The training program shall consist of classroom instruction and OJT as determined by Metro-North. All necessary classrooms, books and materials, and instructors shall be furnished by Metro-North. 3. The training program and any intended substantial changes therein shall be reviewed by the Association of Commuter Rail Employees and Metro-North. However, Metro-North shall make the final determination of the content and length of the training program, the continuation of individual trainees in the program, and the conditions of successful completion of the program. 4. Conductor Trainees shall be paid in accordance with ACRE Training Agreement dated April 9, 1997 while actively participating in the training program. 5. The General Chairman, ACRE, shall be furnished the name of each Conductor Trainee, with the date his training commenced and the date of his completion, if he successfully finishes the program. 9 JANUARY 1, 2007 JUNE 15, 2010

17 B. INSTRUCTIONS BY QUALIFIED CONDUCTORS A qualified Conductor who provides instruction at the direction of the Training Department during their tour of duty to employees in the Training Program during the OJT portion of the new Training Program will be paid sixty (60) minutes at the straight time rate. It is understood that the Conductor will complete any required reports on Trainees needed to evaluate their performance. C. QUALIFYING CONDUCTORS Upon completion of the Training Program, a trainee shall be a fully qualified Conductor. A trainee s failure to successfully complete the training program will result in termination of his/her employment with Metro-North Railroad. RULE 7 CREW CONSIST a. There shall be one (1) Conductor on each revenue passenger train. The manning of trains will otherwise be determined by Metro-North, except as provided in Rule 7(c) below, based on the needs of the service as measured by the following factors: (1) number of revenue cars, (2) total number of passengers, (3) platform length and configuration, (4) need to balance manpower, (5) number of cash fares, (6) peak or off-peak service, (7) number of local passengers, (8) length of time between stops, (9) local or express train, (10) ridership pattern, (11) operating pattern, (12) other relevant factors related to work load. Metro-North will inform the Association of Commuter Rail Employees thirty (30) days in advance of any proposed change in the size of the train's crew and will give the Union the opportunity to discuss the proposed change, in advance of its implementation, provided, however, that Metro-North may implement the change at the end of the thirty (30) day period following notification if the matter has not been resolved by JANUARY 1, 2007 JUNE 15,

18 discussion, or at the end of a sixty (60) day period following notification if the matter has been appealed to arbitration within the first thirty (30) day period. b. An employee or his duly accredited representative may bring a claim directly to a Special Arbitrator appointed by mutual agreement of the parties to hear and decide disputes under this Section based upon an assertion that the manning of a train: (1) jeopardizes the health or safety of the employee, or (2) is unduly burdensome as a regular assignment. The arbitration will be conducted on an expedited basis. If the grievance is sustained, the arbitrator is empowered to correct the condition. Should the parties fail to agree upon the Special Arbitrator by September 30, 1983, the parties shall request the American Arbitration Association to select the Special Arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall bear the expenses of its own representatives. c. On all yard, switching, work, wire, and traveling switcher assignments (except MU, hostler, and other assignment of a type previously not assigned to ACRE (C & T) employees) the minimum crew shall be one (1) Conductor and one (1) Assistant Conductor. d. Metro-North agrees not to furlough or lay-off any ACRE (C&T) employee who was employed by Metro-North on June 15, 1998 (except for emergency annulments pursuant to Rule 10). The parties agree that the employees identified in Attachment A are subject to this guarantee. Metro-North will reduce the work force from this list of persons only by attrition, as a result of retirement, death, discharge after all rights are exhausted, resignation or any other voluntary separation from Metro-North employment. Whenever such a separation occurs, Metro-North may abolish a position. 11 JANUARY 1, 2007 JUNE 15, 2010

19 RULE 8 BULLETINS AND ASSIGNMENTS a. New assignments and re-advertised assignments will be advertised and posted on the Crew management System (CMS) and at all crew bases every Monday. No assignment shall be fewer than five (5) days. Any five (5) day assignment shall have two (2) contiguous rest days. The advertising period will close 11:59 p.m. the following Wednesday, assignments will be awarded the following Friday and will be made effective 12:01 a.m. the following Monday. b. The advertisement notice will contain sufficient information to identify the assignments, the officer of Metro-North to whom applications are to be sent, and the date and time the advertisement period closes. Employees may bid for more than one (1) assignment by stating their order of preference. Assignments will be awarded to the senior employee making application. c. The advertisement notice will show, where applicable, the crew bases reporting and relieving point; turnaround or layover point; days on which the assignment is scheduled to work; assigned reporting time; and train or crew number, whether the assignment is a swing time assignment; and the length of release time. NOTE: Unless otherwise agreed to by the General Chairman and the Director Labor Relations or Designee, the reporting and the relieving point for any assignment will be the same point. d. Vacancies caused by sickness, temporary disability, suspension or leave of absence will be advertised when it is known or reasonably anticipated that the employee will be off duty for a period of thirty (30) days or when such employee has been off for a period of thirty (30) days. e. Metro-North will put up all train service assignments for pick at least twice, and not more than three (3) times in a JANUARY 1, 2007 JUNE 15,

20 calendar year. No more than seven (7) months shall elapse between assignment picks. Any assignments not taken by pick will then be advertised in accordance with the above. Prior to each semi-annual pick, Metro-North shall develop a new crew assignment book. The crew assignment book shall be issued to the General Chairman not less than twenty-five (25) days and to employees not less than ten (10) days in advance of their effective date. Metro-North shall not be responsible for failure to comply with the foregoing if circumstances are beyond its control. The Association of Commuter Rail Employees shall be consulted concerning the development of the crew assignment book, but the final decision shall be reserved to Metro-North. f. An employee who bids for and is awarded another assignment will not be permitted to bid for his former position until it has been filled and again advertised. He will be permitted to exercise his seniority to his former assignment if he is displaced from the position to which he bid. The employee may elect to return to his former assignment worked prior to his displacement by a bump if that job has not been awarded or advertised since he last held it, prior to the displacement. The employee's reversion to his prior position will be deemed as a bid for that job. g. Regular assignments will be readvertised when any of the following permanent changes are made in such assignments: 1. changing the crew base, layover or turnaround point; 2. changing advertised starting time at the crew base or arrival time at the end of the assignment by one (1) hour or more; 3. changing the assigned rest days; 4. changing the trains assigned to work. 13 JANUARY 1, 2007 JUNE 15, 2010

21 h. An employee who is occupying a regular assignment which is readvertised in accordance with the provisions of this Rule may elect to exercise his seniority to another assignment within forty-eight (48) hours after the effective date and time of the change causing the readvertisement. If an employee elects to remain on the assignment that will be considered his bid without having to submit a written bid. This will not preclude such an employee from bidding for other assignments when they become available. i. An employee returning to duty after being absent less than thirty (30) days by reason of sickness, temporary disability, suspension, leave of absence or vacation may return to his prior assignment held before the leave or, will be permitted to exercise his seniority on an assignment advertised and filled during his absence, provided he exercises such right before he performs any service. An employee absent because of a reason listed in this paragraph (except vacation) for a period of thirty (30) days or more, upon his return to duty, may exercise his seniority on any assignment. An employee returning to duty after being on vacation for a period of thirty (30) days or more may return to his prior assignment held before the leave or will be permitted to exercise his seniority on an assignment advertised and filled during his absence, provided he exercises such right before he performs any service. j. When no bids are received for advertised Conductor assignments, the assignments will be filled in the following order: 1. By the junior Conductor working as an Assistant Conductor at the same crew base as the assignment that failed for bid. 2. By the junior Conductor working as an Assistant Conductor at the next nearest crew base. JANUARY 1, 2007 JUNE 15,

22 Employees will be compensated while qualifying under Rule 19(c). A Conductor assigned in accordance with this paragraph to an assignment requiring him to be qualified on the physical characteristics of the road must complete those qualifications before he may mark up for duty on the assignment. He may not work any other assignment in the interim. During his qualification period, the assignment will be covered off the Extra Board. k. When a Conductor assignment that failed for bid is filled in accordance with paragraph "j", the Conductor assigned will remain on the assignment until displaced by a senior Conductor or until a junior Conductor becomes available at the crew base from which the assignment was filled. The senior Conductor who is force assigned in accordance with paragraph "j" will be promptly notified within twenty-four (24) hours of a junior Conductor coming in the crew base and will have twentyfour (24) hours after notification to elect to vacate the assignment and exercise his seniority. If the assignment is vacated, the junior Conductor will be assigned to the vacated Conductor assignment. If the senior Conductor who was force assigned in accordance with paragraph "j" elects to remain on his assignment, the next most senior Conductor who was force assigned will be permitted to vacate his assignment and exercise his seniority as outlined herein. A Conductor who is force assigned will be permitted to bid for any Conductor assignment. l. When no bids are received for advertised Assistant Conductor assignments, the assignments will be filled by the senior furloughed employee desiring the position. Should there be no furloughed employees desiring the position, it will be filled by the junior Assistant Conductor working on an Assistant Conductor's position on the Extra Board protecting the assignment that failed for bid. 15 JANUARY 1, 2007 JUNE 15, 2010

23 m. When an Assistant Conductor's assignment that failed for bid is filled by force assignment in accordance with paragraph "1", the Assistant Conductor assigned will remain on the assignment until displaced by a senior Assistant Conductor or until a junior Assistant Conductor becomes available at the crew base from which the assignment was filled. The senior Assistant Conductor who was force assigned will be promptly notified within twenty-four (24) hours of a junior Assistant Conductor coming into the crew base and will have twenty-four (24) hours after notification to elect to vacate the assignment and exercise his seniority. If the assignment is vacated, the junior Assistant Conductor will be assigned to the vacated Assistant Conductor assignment. If the senior Assistant Conductor who was force assigned elects to remain on his assignment, the next most senior Assistant Conductor who was force assigned will be permitted to vacate his assignment and exercise his seniority as outlined herein. An Assistant Conductor who is force assigned will be permitted to bid for any Conductor or Assistant Conductor assignment. n. When an Extra Board is to be increased, the required number of employees may be added to the list during the advertisement and assignment period with the understanding that they are bidders for the Board. o. An employee will be entitled to exercise his seniority when he is removed from his assignment by a senior employee; when his assignment is abolished; when his assignment is readvertised in accordance with subparagraph (g) and he is not the successful bidder; or when he is removed from an Extra List as a result of an adjustment. Employees may exercise a displacement only to an assignment occupied by a junior employee, or to an open assignment which is under advertisement on a "holddown" basis as specified in Rule 9(a). p. An employee must exercise a displacement right within two (2) days of displacement or forfeit his right to the displacement. An employee exercising displacement rights must make his displacement at least four (4) hours in advance JANUARY 1, 2007 JUNE 15,

24 of the reporting time of the assignment on which he elects to displace. The four (4) hour time limit does not apply when an employee exercises his seniority to an Extra List. An employee who has permitted his displacement rights to lapse will be permitted to bid for assignments under advertisement. q. A displaced employee is not to be considered displaced until the displacing employee physically covers the assignment for the first time. r. If a displaced employee is not notified of his displacement and reports for duty, he will be paid the regular earnings of his former assignment for that day. s. Thirty percent (30%) of weekend assignments may be of not more than ten and a half (10 ½) hours per day. Thirty (30%) percent of holiday assignments may be of not more than ten and a half (10 ½) hours per day. Temporary crew book changes that necessitate minor adjustment to this percentage are permissible. RULE 9 REDUCING AND INCREASING FORCES a. In reducing forces, seniority will govern. Employees affected by a reduction of force or abolishment of positions will be given two (2) days advance notice. In the event that the notice is contiguous with the affected employee's rest days, three (3) days notice will be provided. A copy of such notice will be posted on bulletin boards, with a copy to the General Chairman. Such notice will remind employees of their obligations under paragraph "b" below. Employees whose positions are abolished or employees who are displaced may exercise seniority to displace junior employees or to select an open position which is under advertisement ("holddown"). This holddown will be considered an "automatic" bid for that position. A displacement of an employee on a "holddown" will similarly be considered an automatic bid by the displacing employee. If such employee is 17 JANUARY 1, 2007 JUNE 15, 2010

25 an unsuccessful bidder for that position he may, effective the Monday following the awards, holddown on another vacant position under advertisement or he may exercise displacement rights over a junior employee in the manner set forth herein. Employees whose positions are abolished must exercise their seniority rights to displace junior employees or to select an open position on a holddown basis within two (2) calendar days after the date of notification of abolishment. Employees displaced must exercise their seniority in the same manner within two (2) calendar days after the date displaced. Employees who are able to but fail to exercise their displacement rights within the prescribed time limit will revert to the Extra Board. An employee not possessing sufficient seniority to displace any employees will be placed in furlough status or, if he transferred to Metro-North pursuant to Articles I-III of the October 12, 1982 Implementing Agreement, may return to Conrail in accordance with Article V of the Implementing Agreement. Employees who have exercised displacement rights under this Rule must meet all the qualifications required of the position to which they have displaced before being permitted to work the assignment. b. Employees will promptly notify Metro-North in writing, by certified mail, return receipt requested, of any change of name or address, and Metro-North will forward a copy to the General Chairman. c. When forces are increased, furloughed employees will be notified first by telephone, and then, if necessary, by certified mail or telegram, sent to the last address given, and Metro-North will forward a copy to the General Chairman, and will be required to return to service in seniority order. d. Furloughed employees who fail to return to service within fifteen (15) calendar days after being notified in accordance with paragraph "c" of this Rule will be considered JANUARY 1, 2007 JUNE 15,

26 as having resigned, unless they present sufficient proof that circumstances beyond their control prevented their return. e. Employees who notify the CMC Superintendent, in writing, at the time they are laid off that they do not desire to be recalled, in order of their seniority, in service in less than thirty (30) days' duration will not be recalled unless there are no other furloughed employees who can be recalled. f. A furloughed employee will not be required to exercise seniority to an assignment more than thirty (30) miles from the location of his last assignment. g. In the event a ACRE (C&T) employee is furloughed, that furloughee will be given priority over new hires to fill vacancies for which he/she is qualified in the Operations Department. RULE 10 ANNULMENT OF ASSIGNMENTS a. When an assignment of a regularly assigned employee is to be annulled for one (1) day or longer, the employee will be notified at least four (4) hours in advance of reporting time, and if not so notified will be paid eight (8) hours at his regular rate. 1. When a regular assignment is annulled for one (1) day, an employee holding the assignment may elect to remain on it or exercise seniority to another assignment that has not been annulled. If he elects to exercise seniority to another assignment, he must do so within eight (8) hours of the time he is notified of the annulment or completion of his trip or tour of duty preceding the day of the annulment. 2. When a regular assignment is annulled for one (1) day because of a holiday, an employee holding the assignment may elect to take a single day vacation or personal day. In this circumstance, he is not entitled to an exercise of seniority. Single day vacations and personal days will be granted on Holidays in accordance with the needs of service. 19 JANUARY 1, 2007 JUNE 15, 2010

27 b. Advance notice before annulling assignments is not required under emergency conditions comparable to flood, snow, storm, hurricane, tornado, earthquake, fire, strike or derailment, provided that such conditions result in a suspension of Metro-North's operations in whole or in part. Such emergency annulments will be confined to those work locations directly affected by any suspension of operation. c. Employees who are affected by an emergency annulment and report for work without having been previously notified not to report, will receive two (2) hours' pay at the applicable rate of pay. If an employee works any portion of the day, they will be paid in accordance with Rule 2. Upon termination of the emergency conditions and restoration of service, all positions and incumbents thereof will be restored to the status prevailing prior to the emergency, unless agreed to otherwise but with Metro-North and the General Chairman having jurisdiction. RULE 11 - EXTRA BOARD a. Extra Board assignments shall be for five (5) consecutive days with two (2) consecutive relief days. An employee assigned to an Extra Board who is available for service during the five (5) day period of his assignment or who does not lay off or miss a call during those five (5) days will be guaranteed five (5) basic days' pay at the rate of pay for their respective classification. Metro-North will determine the location of and the number of employees assigned to an Extra Board. Extra Lists will be designated as either "Passenger" or "Combo". The "Passenger" List will contain both Conductor and Assistant Conductor positions. The "Combo" List will contain both Conductor and Brakemen positions. The relative number of positions in each craft on each list will be determined by the requirements of service. JANUARY 1, 2007 JUNE 15,

28 b. 1. Extra employees will be called first in, first out, as registered on the Extra List with the first employee taking the first assignment that he/she is qualified for. If an Assistant Conductor is not qualified for a Conductor vacancy, the Assistant Conductor is skipped over but maintains his/her position as the next employee out. If no Assistant Conductor on the list is qualified for a Conductor vacancy, the provisions of Rule 14 will apply. Conductors assigned to an Extra List must be qualified to work any assignments protected by the Extra List. An employee exercising a displacement right to an Extra List will be placed at the bottom of the list at the time of his/her mark-up. 2. Vacation Relief - Each Monday, Metro-North will list the known vacation vacancies at each crew base for the following week. Extra Board employees at that crew base, may submit a vacation relief preference slip to cover such vacation assignments that are covered by the Extra Board on which the requesting employee is assigned. The senior Extra Board employee submitting such preferences will cover the vacation assignment for the entire vacation period, assuming the rest days and all of the conditions of such assignment. An Extra Board employee who is not rested under the Hours of Service Law at the start of such vacation assignments will remain on the Extra Board in accordance with Rule 11 until rested to cover the vacation assignment. Upon completion of the Vacation Relief assignment the Extra Board employee covering that assignment will mark up on the Extra Board in accordance with this Rule 11 and will resume the advertised work week and rest days of his Extra Board position. 3. Employees who displace Extra Board employees that are covering a Vacation Relief assignment must assume that assignment and cover it for the remainder of the vacation vacancy. The displaced employee will exercise seniority in accordance with Rule 8(p). When an employee who is on vacation is displaced, the Extra Board employee who is covering the Vacation Relief assignment, if any, will mark up on the Extra Board in accordance with this Rule 11 and will revert 21 JANUARY 1, 2007 JUNE 15, 2010

29 to the advertised work week and rest days of his Extra Board position. 4. Employees on a combined Combo Extra List and Passenger Extra List may take a holddown onto open positions under advertisement. The Extra List employee who is on a holddown is not an automatic bidder for this vacancy. The Extra List employee reverts to his/her Extra List position after the conclusion of the advertised period. These holddowns must be declared by 1800 hours on Sunday. 5. Extra List employees who move from a regular Extra List position or a holddown of an Extra List position to a holddown on another Extra List position will be eligible for payment at the time and one-half rate pursuant to Rules 2(e) and 2(f) of the Collective Bargaining Agreement. Overtime paid pursuant to Rule 2(f) will not count towards the forty (40) hour work week for the purposes of Rule 2(e). 6. Conductors who cover Assistant Conductor positions will receive the Conductors rate of pay. 7. Employees improperly skipped or held back will be entitled to the penalty pay provisions of Rule 11(h). 8. All employees on the extra lists (conductors and assistant conductors) can be assigned to non-crew book assignments on a first in, first out basis. Non-Crew book assignments will be programmed into the CMS system. The duration of non-crew book assignments will not go beyond the return trip from the last evening rush hour train, except in emergencies or as the needs of service require. 9. Employees holding extra list positions who are within sixty (60) days of the expiration of maintaining physical qualifications on a territory will be permitted to qualify on that territory instead of working a non-crew book assignment. JANUARY 1, 2007 JUNE 15,

30 c. Extra employees must mark-up on the Extra Board immediately upon release from duty at the crew base. d. Extra employees missing a call for an assignment for which they stand will be off the board for twelve (12) hours and will then be placed at the bottom of the Extra Board. e. Extra employees deadheading to their home crew base under pay will not be marked up on the Board until released at their crew base point. f. Except in emergencies, extra employees will be called at least two (2) hours before the time required to report for duty. If an employee is called less than two (2) hours before the reporting time of an assignment, this will be considered a short call and he need not accept the call. If an employee does not accept a short call, he must remain available for a proper call of an assignment. g. Extra employees will not be called to fill vacancies unless they have sufficient rest to complete the assignment being called, regardless of their standing on the Extra Board. Employees called off the Extra Board shall not be required to work a second assignment within a twenty-four hour period (Calendar Day) if they feel they are not rested sufficiently to competently perform their duties. Additionally, there shall be no penalty assessed against a Conductor choosing not to report for his or her second assignment. If requesting not to work a second assignment, the employee must notify the crew dispatcher within one (1) hour after tie up of first assignment. h. Employees assigned to an Extra Board who are not called in their turn will be paid four (4) hours and will retain their place on the Extra Board. Employees not called in turn off the Extra List shall also receive the pay they would have received but for the improper runaround. 23 JANUARY 1, 2007 JUNE 15, 2010

31 i. When the extra list is exhausted at a crew base, the vacancy will be covered from the relief day list that protects the assignment before looking to the extra list at the next nearest crew base. j. Extra list positions will not be annulled on holidays. RULE 12 RELIEF DAY WORK a. Employees who desire to work on the relief days of their assignments after the Extra Board at a location is exhausted shall so indicate in writing to the Crew Dispatcher at least fortyeight (48) hours prior to the commencement of the relief days of his assignment. There shall be a separate Relief Day List at any location where an Extra Board is established. An employee may mark up on the Relief Day List at the location where his regular assignment starts and finishes, or, in the case of an Extra List employee, on the Relief Day List located at the same crew base as the Extra Board to which he is assigned. If there is no Relief Day List at that location, he may mark up on the Relief Day List at the nearest location where such a list is maintained. The employee will provide a copy of any such request to the Local Chairman having jurisdiction. b. If two (2) or more employees request to mark upon a Relief Day List at the same time, seniority will establish the order of mark-up. c. An employee will be called from a Relief Day List when no employee on the Extra Board protecting the assignment is available. An employee called in accordance with this paragraph (c) must fulfill the assignment for which called. An employee, however, will not be given an assignment that will prevent him from covering his regular assignment the following day due to lack of rest, but he will retain his relative standing on the Relief Day List. d. Calls from a Relief Day List shall be made in the same manner as an Extra Board, except that an employee who JANUARY 1, 2007 JUNE 15,

32 misses a call off a Relief Day List will be held off such list for the remainder of his rest days in that work week and then shall be marked up at the bottom of the list. Employees may elect to remove their name from their first Relief Day and mark-up at 0001 hours on their second Relief Day. e. Except when they are on assigned vacation or authorized to be absent from duty, employees who are marked up on a Relief Day List and miss four (4) successive calls shall have their names removed from the list. They shall not be permitted to make written application again for a Relief Day List for thirty (30) days. f. Employees who perform service on their regular relief days will be paid for time on duty at one and one-half (1½) times the regularly applicable rate, provided they have performed service on five (5) consecutive days prior to the inception of their relief days or, in the event of a change in assignments, provided they have performed service on five (5) consecutive days during the last work week of their former assignment. If an employee is compensated for reporting at the direction of Metro-North or for a holiday during the work week, it will be considered a work day for the purpose of being eligible for payment at the rate of time and one-half on relief days. Employees engaged in local committee work will be considered as having fulfilled the five (5) day requirement. Employees absent on account of sickness or absent with permission will not be considered as fulfilling the five (5) day requirement. g. Employees who are not called in turn off the Relief Day List shall receive the pay they would have received but for the improper runaround. RULE 13 REST a. Employees shall not be required to perform service without sufficient rest, but in no case will more than eight (8) 25 JANUARY 1, 2007 JUNE 15, 2010