| AN AGREEMENT BETWEEN CANADIAN NATIONAL RAILWAY WISCONSIN CENTRAL DIVISION Consisting of WISCONSIN CENTRAL LTD. FOX VALLEY & WESTERN LTD. SAULT STE. MARIE BRIDGE COMPANY AND ITS EMPLOYEES REPRESENTED BY BROTHERHOOD OF LOCOMOTIVE ENGINEERS April 1, 2002 |
TABLE OF CONTENTS
Article Page Subject
1 1 Purpose
2 1 General Principles
3 1 Recognition
4 2 Scope of Agreement
5 2 Wages
6 3 Employment Security
7 3 Seniority
8 5 Job Vacancies and Bidding
9 6 Annulment of Assignments
10 7 Abolishment and Displacement
11 7 Guaranteed Extra Boards
12 8 Supplemental Boards
13 8 Approval of Applications for Employment
14 9 Rules / Recertification / Instruction Classes
15 9 Locomotive Engineer Training Program
16 10 On and Off Duty Points
17 10 Calling for Duty
18 11 Meal Periods
19 11 Expenses
20 12 Personal Leave Days
21 13 Holidays
22 13 Vacation
23 14 Benefits
24 15 Physical Examinations
25 15 Medical Disqualifications
26 16 Payday
27 16 Payroll and Deductions
28 17 Union Shop Agreement
29 18 Handling of Time Claims and Grievances
30 19 Investigations and Discipline
31 20 Time Off for Union Business
32 20 Attending Court and Inquests
33 20 Leave of Absence
34 21 Jury Duty
35 21 Record Keeping
36 21 Bulletin Boards
37 21 Crew Calling Records
38 21 General Provisions
Article Page Subject
1 1 Purpose
2 1 General Principles
3 1 Recognition
4 2 Scope of Agreement
5 2 Wages
6 3 Employment Security
7 3 Seniority
8 5 Job Vacancies and Bidding
9 6 Annulment of Assignments
10 7 Abolishment and Displacement
11 7 Guaranteed Extra Boards
12 8 Supplemental Boards
13 8 Approval of Applications for Employment
14 9 Rules / Recertification / Instruction Classes
15 9 Locomotive Engineer Training Program
16 10 On and Off Duty Points
17 10 Calling for Duty
18 11 Meal Periods
19 11 Expenses
20 12 Personal Leave Days
21 13 Holidays
22 13 Vacation
23 14 Benefits
24 15 Physical Examinations
25 15 Medical Disqualifications
26 16 Payday
27 16 Payroll and Deductions
28 17 Union Shop Agreement
29 18 Handling of Time Claims and Grievances
30 19 Investigations and Discipline
31 20 Time Off for Union Business
32 20 Attending Court and Inquests
33 20 Leave of Absence
34 21 Jury Duty
35 21 Record Keeping
36 21 Bulletin Boards
37 21 Crew Calling Records
38 21 General Provisions
IT IS HEREBY AGREED:
ARTICLE 1 – PURPOSE
The parties to this Agreement agree that the fundamental objective of the Company is to operate a safe, efficient and
effective railroad transport operation and a key component to the success of this venture is the contribution of Locomotive
Engineers (hereinafter referred to as Engineers.)
This Agreement is founded on a principle of paying for Engineers' time on an all-inclusive basis and contemplates that in
order for the operation to be successful, individuals will perform all duties requested of them, subject to the provisions
contained herein. Nothing in this Agreement is intended to restrict the right of the Company to operate productively.
ARTICLE 2 – GENERAL PRINCIPLES
A. In this Agreement, words importing the singular shall include the plural and vice versa where the context requires.
Words importing the masculine gender shall include the feminine where the context requires.
B. This Agreement is intended to be applied in a non-discriminatory manner without regard to age, race, creed, color,
gender, national origin, disability, sexual orientation or marital status.
C. The parties recognize that this is a new Agreement, which introduces changes in the workplace. In recognition of this
a committee consisting of the Union General Chairman, Vice General Chairman and the Company’s General Manager
Operations and Director, Human Resources or their respective designates, will be established. This committee will be known
as the Labor / Management Resolution Committee, and will meet quarterly (the second Friday of January, April, July and
October) to review the application of this Agreement.
ARTICLE 3 – RECOGNITION
A. This Agreement covers all Engineers employed by the Company and represented by the Brotherhood of Locomotive
Engineers under the Railway Labor Act, as amended.
B. The term "Engineer" as herein referred to shall include employees represented by the Brotherhood of Locomotive
Engineers, except where otherwise specifically provided for herein. The term "Company" shall mean the Wisconsin Central
Ltd., Fox Valley & Western Ltd. and Sault Ste. Marie Bridge Company. The term "Union" or "General Committee" shall mean
the Brotherhood of Locomotive Engineers.
C. The right to make and interpret contracts covering rules, rates of pay and working conditions on behalf of Engineers
covered by this Agreement shall be vested in the regularly constituted General Committee of the Brotherhood of Locomotive
Engineers.
D. Where the term "duly accredited representative" appears herein, it shall be understood to mean the regularly
constituted General Committee and/or the Officers of the Brotherhood of Locomotive Engineers of which such General
Committee or Officers are a part.
ARTICLE 4 – SCOPE OF AGREEMENT
A. The parties recognize that the scope of this Agreement is unlike others in the rail industry and that it must be
interpreted accordingly. That being said, the primary role of an Engineer is to perform transportation duties associated with
the operation of locomotives.
B. Engineers will perform all and any duties that fall within this definition, whether the work is part of their normal
assignment or not.
C. The duties defined as Engineers’ will not ordinarily be assigned to other persons or groups.
D. The parties recognize that in order to meet a customer’s immediate unanticipated service need, or to meet
unanticipated terminal operational exigencies at a time a regularly assigned crew is not present and available in the terminal
for such service, and time will not permit calling a rested extra Engineer, a qualified employee may be used, without penalty,
to perform such service in lieu of a Locomotive Engineer.
E. The parties recognize that to achieve maximum efficiency of operations and to expedite the movement of trains,
Locomotive Engineers may perform incidental work in connection with their assignments and for which they are qualified in
the absence or unavailability of another employee who would otherwise perform such work.
F. Nothing in this Agreement alters any pre-existing rights that Engineers have with respect to remote control locomotive
operation.
ARTICLE 5 – WAGES
A. Effective April 1, 2002, the rate of pay for Engineers, including those operating remote control locomotives or other
technology will be $28.00 per hour. This rate will apply to all time on duty, unless otherwise specified in the Agreement.
B. Ten (10) hours or less will constitute a basic day and pay for all service performed after ten (10) hours will be at the
rate of time and one half.
C. Engineers who perform service on their assigned rest days shall be paid for such service at the rate of time and one
half, subject to the provisions of Article 11 (A) of this Agreement.
ARTICLE 6 – EMPLOYMENT SECURITY
A. Engineers who have established seniority prior to the effective date of this Agreement, and who are in active service
as an Engineer on the effective date of this Agreement, will be provided an assignment (which may be a Regular Assignment
or a Guaranteed Extra Board assignment) established pursuant to Article 8 Section 1 of this Agreement, and not be subject
to furlough, provided that they have exercised their seniority to the fullest extent and they remain available for service.
B. In the case of Engineers who establish seniority subsequent to the effective date of this Agreement, when no
vacancies exist on the Division, the Company will endeavor to provide the individual with details of any other openings that
may exist on other U.S. Divisions. These opportunities may be in other occupations and may require the Engineer to
transfer at his own expense and commence a new employment relationship with the new Division.
ARTICLE 7 – SENIORITY
Section 1 - Establishing seniority
A. The seniority date of an Engineer will be established as of the date he becomes fully qualified on a District and
performs compensated service as an Engineer.
B. Employees who have established seniority as Locomotive Engineers as of the effective date of this Agreement shall
remain on the roster with relative ranking unaffected.
C. Employees in the Engineer Training Program (ETP) on the effective date of this Agreement will establish seniority as
an Engineer upon the date the first candidate in said class successfully completes the program. All others who successfully
matriculate from the ETP shall be ranked in the relative order of their Conductors’ seniority behind those who have
previously established seniority as Engineers. No ETP class shall establish seniority ahead of a class that commenced
earlier.
D. Engineers hired from sources outside the Company holding current valid certification shall establish seniority in
accordance with Paragraph A of this Article.
Section 2 - Seniority rosters
A. Seniority roster(s) of Engineers showing date of employment with the Company and Engineer seniority date
and prior right designation shall be posted on or about January 15, May 15 and September 15 of each year, with a copy
being furnished to the General Chairman.
B. A statute of limitations of thirty (30) days from the date of posting is hereby fixed to appeal a case of seniority.
Seniority protests must be appealed to the officer of the Company designated to receive such appeals. Seniority roster
appeals will be directly handled by the Labor/Management Resolution Committee in the same manner as all other claims and
grievances. Protests that have previously been submitted and declined will not be accepted.
Section 3 – District and Terminal seniority
A. The right to work positions and assignments shall be determined by seniority subject to the provisions of Article 8,
Section 2. Subject to prior rights, seniority shall prevail as follows: first, by seniority within the terminal where the vacancy
occurs; second, by seniority within the district where the vacancy occurs; and third, by system seniority. An Engineer who
transfers into a terminal will exercise his seniority within that terminal based upon his system seniority date. It is understood
that an Engineer will maintain seniority in only one (1) terminal (and district) at any given time (i.e., the terminal/district at
which he is currently assigned).
B. There are five (5) seniority districts comprised of separate seniority terminals as shown below:
South District
Terminal 1 Fond du Lac
Terminal 2 Schiller Park
Terminal 3 Waukesha/Burlington
Fox Valley District
Terminal 1 Green Bay
Terminal 2 Neenah/Manitowoc/Plymouth
West District
Terminal 1 Stevens Point/Wisconsin Rapids/ Wausau/Marshfield/Waupaca
Terminal 2 Taylor
Northwest District
Terminal 1 Superior
Terminal 2 Ladysmith
Terminal 3 Mellen/Park Falls/North Ironwood
Terminal 4 New Brighton
North District
Terminal 1 Gladstone-Escanaba/Quinnesec/
Niagara/Pembine
Terminal 2 Ishpeming
Terminal 3 Trout Lake/Sault Ste. Marie, MI
Note : Gladstone-Escanaba is considered one terminal.
C. The Company will consult with the Union prior to bulletining positions where it is proposed to establish any new
seniority terminals additional to those shown above.
D. The Company will normally bulletin assignments at outlying points not listed above to the terminal in closest
geographic proximity within the district.
Section 4 - Prior rights
Engineers holding prior rights on the former territory of the FVW or SSM will have prior rights to the number of positions that
exist on the effective date of this Agreement. Consistent with the manner in which seniority is exercised pursuant to Article
8, these prior right positions will be subject to prior right selection by Engineers identified on the seniority roster with the
appropriate prior right designation noted in his ranking on the seniority roster. Prior right positions on the FVW and SSM will
lose their prior right designation when the last prior right Engineer on the applicable territory retires, resigns or otherwise
ends his employment with the Company. In the event prior rights assignments are abolished and later re-established, they
will be bulletined as prior rights assignments.
Section 5 - Layoff and recall
Engineers not subject to Employment Security provisions will be furloughed in inverse seniority order at the terminal where
force reductions are undertaken. The Company shall recall Engineers in seniority order by certified mail to the employee's
last known address. It shall be the responsibility of the individual to keep the Company advised in writing of his current
address.
The individual shall indicate to the Company within fifteen (15) days of such notice of recall of his intention to return to work
and shall present himself for work within fifteen (15) days of giving notice of intention to return. Failing to notify the
Company or return to work within the prescribed period(s) shall result in forfeiture of seniority.
Section 6 - Seniority while in management or union positions
Engineers holding or appointed to a management position with the Company, its affiliates or subsidiaries, or holding or
appointed to a Union Officer's position will retain and accumulate their seniority.
ARTICLE 8 – JOB VACANCIES AND BIDDING
Section 1 – Establishment of Regular Assignments and Extra Boards
A. Regular assignments will be established consistent with business requirements and will be bulletined to work either
five (5) days with two (2) scheduled off days, six (6) days with three (3) scheduled off days or six (6) days with one (1)
scheduled day off. Where possible, assignments will have a designated starting time.
B. The Company may adjust the starting time of an assignment with a designated starting time forward or back, if the
crew is notified at or prior to the end of his previous tour of duty. Where required for operational purposes on the day of the
assignment, the Company may adjust the starting time of an assignment by not more than one hour before or two (2) hours
after the normal starting time, provided that the Engineer is notified not less than two (2) hours prior to the normal starting
time of the assignment.
C. Regular assignments may be bulletined with a three (3) hour calling window in lieu of a specific start time. An
Engineer not called at the expiration of the calling window will be considered on pay.
D. The overall proportion of regularly assigned positions will not be reduced and the Company will endeavor to increase
the number of regular assignments as a percentage of work.
E. Guaranteed Extra Board assignments will be established where the needs of service dictate and will be bulletined
with one (1) scheduled rest day per week.
F. Each terminal will maintain a bulletin listing all positions, including guaranteed extra board positions, which will include
(a) the job title and the normal assigned duties of the job, (b) the home terminal and, where applicable, the away from home
terminal, (c) whether the job is anticipated to tie up at the on-duty point, away from home, or is variable, (d) the starting time
of the assignment if applicable, and (e) the assigned day(s) off.
G. Newly established positions will be bulletined for a period of seven (7) days to enable interested Engineers to update
their preferences in the crew calling system.
Section 2 – Assignment to Positions
A. Subject to the prior rights provisions contained in Article 7, Section 4, assignment to positions shall be governed by
seniority. A standing bid system will operate. Employees’ job preferences will be maintained in the crew calling system and
can be updated at any time. As soon as vacancies (other than temporary vacancies) are known to exist, the senior
Engineer having a standing bid listing for the position will be assigned, subject to the provisions Article 7, Section 3.
B. In the event there are no bids for a position, the senior Engineer not working as an Engineer or furloughed within the
terminal where the vacancy exists, shall be assigned to the position; if none then the junior Engineer not working as an
Engineer or furloughed on the district where the vacancy exists shall be assigned to the position; if none then the junior
Engineer not working as an Engineer or furloughed on the system shall be assigned to the position; if none then the junior
Engineer on the closest Extra Board to where the vacancy exists shall be assigned to the position.
C. Temporary vacancies of more than fourteen (14) days will be filled in accordance with the standing bid system.
D. The current practice of allowing all positions to be filled simultaneously three (3) times per year shall be maintained
utilizing the standing bid system. Simultaneous bidding shall take place on or about February 1, June 1, and October 1 of
each year.
ARTICLE 9 - ANNULMENT OF ASSIGNMENTS
A. When assignments are to be annulled on holidays, the Company will provide Engineers assigned thereto at least
twenty-four (24) hours notice.
B. When assignments are annulled on other than New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Day after Thanksgiving, Christmas Eve Day, Christmas Day or New Year’s Eve Day, the Engineer
assigned to the position will be assigned to other available work within the scope of this Agreement or be paid for the day.
C. No pay will be allowed when an assignment is annulled on New Year’s Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve Day, Christmas Day or New Year’s Eve Day unless the
Engineer utilizes a personal leave day.
ARTICLE 10- ABOLISHMENT AND DISPLACEMENT
A. Engineers whose positions are abolished will be given a minimum of twenty-four (24) hours notice, which shall be
satisfied by calling the telephone number which the Engineer has designated to the Company in writing, and be allowed to
exercise seniority to any assignment within the terminal in which he is located by displacing a junior Engineer in accordance
with the individual’s standing bid. In the absence of having a remaining standing bid selection the Engineer has twenty-four
(24) hours in which to exercise his seniority, or he will be assigned by the Company.
B. If unable to displace a junior Engineer in the terminal, the Engineer shall exercise his seniority to displace a junior
Engineer within the district, if none, then he shall exercise his system rights. In the absence of having a remaining standing
bid selection the Engineer has forty-eight (48) hours in which to exercise his seniority, or he will be assigned by the
Company. An Engineer who is forced to exercise to a location that is more than 100 miles from the location from which
displaced will be permitted a reasonable time not exceeding one week to take up the position.
C. Permanent changes in rest days, home terminal or starting times of more than two (2) hours shall entitle the affected
Engineer to a displacement which must be requested at the time the change is notified.
ARTICLE 11 – GUARANTEED EXTRA BOARDS
A. Where Guaranteed Extra Boards have been established pursuant to Article 8, the off day will commence at 0601
hours unless the Engineer is currently working or away from home, in which case the off day will commence when he ties up
at his home terminal. The off day will run for twenty-four (24) hours, at which time the Engineer will automatically be marked
back up, last out.
B. Engineers exercising seniority to the Guaranteed Extra Board part way through the pay half will be placed on the
Board at 0601 hours after the exercise of their seniority, and their guarantee will be pro-rated accordingly.
C. Guaranteed Extra Boards will operate on a first-in, first-out basis, based on tie-up time. In any instance where more
than one Engineer is marked back up to the Board at the same time, their previous tie up time will govern relative order.
D. Engineers assigned to Guaranteed Extra Boards will fill temporary vacancies and extra assignments at the location of
the Board and at outlying points within the seniority district as necessary. In the event the Guaranteed Extra Board from
which the assignment would normally be filled is exhausted, the assignment will be filled by:
1. calling the Senior rested Engineer on a Supplemental Board; and then,
2. calling others in accordance with the needs of service.
E. Engineers assigned to the Guaranteed Extra Board will be guaranteed a minimum gross payment of $2800 per half
month. All compensation credited to the Engineer during the period will be deducted from the guarantee. An Engineer who
misses a call or lays off at the time called for an assignment will have the guarantee reduced by the earnings of the
assignment. These provisions are separate and distinct from any disciplinary action that may result. An Engineer who
otherwise lays off will have his guarantee reduced by 1/10th for each full or partial day not marked up.
F. Engineers who miss a call or lay off for any reason will be automatically be marked back to the Board, last out, at
0601 hours.
ARTICLE 12 – SUPPLEMENTAL BOARDS
A. Engineers desiring to make themselves available for service on the Supplemental Board on their scheduled rest day
(s) shall notify Crew Management in the proper form prior to or upon tie up on the last day of their regularly assigned work
week.
B. Engineers placed on the Supplemental Board will not be considered available for call from the Supplemental Board
within sixteen (16) hours of the regularly scheduled start time of their regular assignment when other Engineers are
available to be called from the Board.
C. It is intended that Engineers will not be called from the Supplemental Board if doing so would cause the Engineer to
lack legal rest or be unavailable for his regular shift.
ARTICLE 13 – APPROVAL OF APPLICATIONS FOR EMPLOYMENT
Applications for employment will be approved or disapproved within ninety (90) days following the day the employee first
becomes qualified for and performs service as an Engineer with the Company.
An application that is rejected anytime within such period will result in termination of the employee’s relationship with the
Company for all purposes and shall not be subject to the Article 30 of this Agreement.
ARTICLE 14 – RULES/RE-CERTIFICATION/INSTRUCTION CLASSES
A. Engineers who are required to attend rule, Engineer re-certification, or instruction classes on their own time shall be
paid actual time, except that no pay shall be required for Engineers attending remedial classes in lieu of or as part of the
discipline process or as described below.
B. Where training takes place away from the Engineer’s home terminal, lodging will be provided, and the Engineer shall
be entitled to allowances for meals and for travel between the home terminal and the course accommodation.
C. Where an examination or test forms part of the training requirement, an employee is expected to meet the required
standard on the first attempt. If an individual is unable to achieve the necessary standard, he will be offered additional
training (without compensation) and will be afforded further opportunities to re-take the examination, which must take place
within ten (10) days of the first attempt and which will be on their own time. An employee who fails to attain the required
standard at the completion of this period will be deemed to have disqualified himself for employment and will forfeit all
seniority.
D. Engineers who are required to attend rule, Engineer re-certification, or instruction classes during a normal tour of
duty (i.e.; combined with other service) will not be paid additional compensation.
E. Regular Engineers who lose earnings as a result of being required to attend rule, Engineer re-certification, or
instruction classes shall be paid for the earnings lost. Extra Engineers shall be credited with a day’s pay for each day
attending such classes.
F. Furloughed Engineers must maintain their Locomotive Engineer certification.
ARTICLE 15 – LOCOMOTIVE ENGINEER TRAINING PROGRAM
A. The parties agree that the Locomotive Engineer Training Program will be developed and maintained by the Company
in consultation with the Union. The Union will provide the Company with a list of prospective participants from which the
Company will select not less than two (2) to participate in the development and maintenance of the Training Program.
Participants representing the Union will not be paid by the Company.
B. The program will provide the necessary skills, knowledge and performance to ensure a standard of competency for
Engineers. The training will incorporate classroom and on-the-job training.
C. Candidates in the training program will be given two (2) opportunities to successfully complete the classroom
component of their training and will be required to satisfy the practical component during a check-ride.
D. Engineer Trainees will receive on-the-job instruction from Locomotive Engineer Trainers selected by the Company in
consultation with the BLE Local Chairman. Engineers selected as Trainers should exhibit exemplary knowledge of locomotive
operation and train handling and demonstrate the ability to effectively communicate such skills to Trainees.
ARTICLE 16 – ON AND OFF DUTY POINTS
A. Except as provided below, Engineers shall have (a) designated point(s) for going on and off duty each day. The
Company will consult with the Union prior to bulletining positions where it is proposed to change any On-Duty points.
B. The starting time of an Engineer shall commence at the time he is required to report for duty, and his pay shall
continue until the time he is tied up.
C. When Engineers are relieved at points other than the point of going on duty, the Company shall provide
transportation to the appropriate off duty point which shall be at a recognized location as designated by the Company.
D. Assignments may include bulletined away from home on and off duty points where assigned Engineers will rest while
off duty.
E. Engineers called to perform service on work trains or at an outlying point shall remain on such assignment for its
duration up to one (1) calendar week. Engineers performing service on work trains shall accompany and go on and off duty
with the work train. Engineers not furnished transportation shall be compensated for travel. If such individuals are not
returned to their home terminal, they shall also be provided a meal allowance and lodging. Engineers performing service on
work trains or temporary assignments at outlying points shall not be eligible for payment under Article 19 (D) of this
Agreement.
F. Engineers may decline a call for a consecutive calendar week outlying point assignment. If an Engineer declines a
second consecutive outlying point assignment, the next extra board Engineer will be called, and such call will not generate a
run-around for the Engineer(s) declining the call. If no other extra board Engineer is rested and available for the call, the
first-out Engineer must accept the call.
ARTICLE 17 – CALLING FOR DUTY
Section 1 – Calling
A. An Engineer without a designated starting time shall be called not less than two (2) hours prior to the time required to
report for duty, except in cases of emergency, such as floods, accidents, storms, etc., where Engineers shall be required to
report as soon as possible.
B. Engineers must designate a telephone and/or pager number at which they can be reached for the purpose of being
called.
C. Engineers called and not used will be paid one basic day and placed back to the bottom of the extra board; however,
an Engineer who is called and reports for an assignment and is subsequently not used, may instead perform such other
duties as directed for which he is qualified.
Section 2 – Used out of Order
A. Guaranteed Extra Board Engineers who are available and not called in the correct order (“runaround”) in accordance
with the procedures in this Agreement will be paid one half of the basic day payment, and if on a rotating board, remain first
out.
B. There shall be no “chain” type payments and not more than one runaround payment for any particular assignment.
C. The incidence of runaround claims will be reviewed in the conferences established pursuant to Article 2 in this
Agreement to identify and correct any systematic problems.
ARTICLE 18 - MEAL PERIODS
A. Engineers whose assignment works primarily within a yard will have twenty (20) minutes in which to eat, on the
property, between the beginning of the fourth and the end of the seventh hour. The time utilized by Engineers for their meal
period shall be uninterrupted. However, in granting Engineers time for their meal, it is with the understanding that such must
not cause unnecessary interference or delay with the performance of their work or the work of other crews.
B. In the application of this Article, it is agreed that if a dispute arises regarding the interpretation or application of this
Article, said dispute will not be the basis for time claims, but will be referred to the Committee established pursuant to Article
2 for final and binding action and disposition.
ARTICLE 19 - EXPENSES
Section 1 – Held Away From Home Terminal
A. Engineers completing their work assignment away from their headquarters point will be provided a meal allowance of
$15.00.
B. The Company will provide lodging and will be responsible for the payment of room and taxes.
C. When selecting regular accommodation providers the Company will consider the proximity of restaurant facilities. The
Company will consult with the Union General Chairman regarding changes to regular accommodation providers.
D. Except as provided for herein, when an Engineer is tied up at other than his home terminal, upon the expiration of
sixteen (16) hours away from home, the individual shall be considered on pay, except that such time shall not be counted
towards hours of service. Should an Engineer be called for service or ordered to deadhead after such pay begins, the held
away from home terminal pay ceases at the time the service or deadhead commences.
E. This provision shall not apply to Engineers in service on work trains or at outlying points or to Engineers temporarily
transferred or assigned to a new home terminal.
Section 2 – Transportation Expense
When an Engineer is required to work away from his regular assigned location, the Company will either provide
transportation or reimburse the Engineer for necessary costs of transportation, which shall be at the standard driving
allowance allowed by the IRS. No reimbursement will be made where the Company provides transportation.
Section 3 – Deadheading
Deadheading shall be paid either separate from or combined with service, in the manner least costly to the Company.
Where deadheading is paid separately from service, the Engineer shall be paid half a day or actual time consumed,
whichever is greater.
This provision will not apply when transporting regularly assigned Engineers from their home terminal to their away from
home terminal, or vice versa, as part of their regular assignment. Such Engineers will be paid a service trip.
ARTICLE 20 – PERSONAL LEAVE DAYS
A. A single pool of Personal Leave Days (PLDs) is afforded to Engineers in lieu of distinct allocations for personal time
off, holidays and bereavement.
B. PLDs may be taken by the Engineer in single day increments, subject to the requirements of service and, except in
emergencies, the individual providing not less than 24 hours notice. Engineers who work assignments in which the work is
grouped in two day blocks (e.g. : away from home regular assignments) must take PLDs in two-day increments.
C. In situations where the number of applicants seeking PLDs exceeds the number of Engineers that can be released,
the Company will approve applications on the basis of order in which received excepting that no application may be
submitted more than six months in advance. In the event of more than one application being received on the same day, the
most senior Engineer will have preference.
D. PLDs shall be paid at the Basic Day rate of pay. Engineers will be credited eleven (11) PLDs for the period April 1,
2002 through to and including December 31, 2002. Thereafter, PLDs will be credited at the rate of twelve (12) per calendar
year January 1 to and including December 31.
E. Newly hired or promoted Engineers will receive one PLD for each full month of employment as Engineer.
F. Engineers who leave the service of the Company during the year will have their PLD allocation reduced on a pro-rata
basis to allow one PLD per each full month worked.
G. PLDs must be used during each calendar year or will be forfeited.
ARTICLE 21 - HOLIDAYS
A. No additional compensation will be paid to Engineers who work on the holidays enumerated in Article 9.
B. An Engineer whose assignment is annulled because of a holiday may, at their discretion, utilize a PLD, if available.
C. If a Guaranteed Extra Board assignment is annulled on a holiday, the guarantee will be reduced by 1/10th.
ARTICLE 22 – VACATION
A. Engineers with hire dates prior to the effective date of this Agreement shall have their existing vacation entitlements
preserved. Otherwise, Engineers who qualify will receive paid vacation time on the following schedule:
Less than 24 months service 1/2 day for each full calendar month of service; not to exceed 10 days
2 but less than 5 years service 10 days
5 but less than 14 years service 15 days
14 but less than 23 years service 20 days
23 or more years service 25 days
Note: Engineers shall be eligible for the additional days of vacation during the year in which they celebrate their second,
fifth, fourteenth or twenty-third anniversary of employment.
B. Vacation days will be accrued and redeemed at the rate of ten (10) hours per day.
C. Vacation time cannot be accumulated from year to year, and there will be no pay for vacation in lieu of time off
without written approval of the General Manager.
D. Each individual must work twelve (12) full calendar months in order to be eligible for his full allotment of vacation.
Individuals who do not work a full calendar year due to resignation, retirement, termination or extended leave of absence
shall be eligible for pro-rated vacation. For each full calendar month of service, such individual will receive 1/12 of the
vacation for which he is eligible. For example, if an individual works the first six calendar months of the year and resigns on
July 1, he will be eligible for 6/12 (1/2) of his allotted vacation.
E. When an individual works in more than one craft or job function during the credit-earning year, his vacation pay will
be based on the amount related to the job function performed most frequently during that year.
F. Vacation requests from those who qualify in a given calendar year must be submitted in writing to the Engineer's
designated supervisor no later than December 1 for vacation to be taken in the following year.
G. Vacation for Engineers who have established seniority prior to the effective date of this Agreement will be allocated
on the basis of company seniority. Vacation for Engineers who establish seniority subsequent to the effective date of this
Agreement will be allocated on the basis of Engineer seniority date. The Local Chairman will furnish the designated
Company manager with vacation seniority lists and will assist with the process of determining the allocation.
H. When submitting requests, Engineers should include at least three (3) choices in case of duplicate requests.
I. All vacations will commence at the beginning of the tour of duty for the Engineer's designated work period and
continue as consecutive week(s). No vacation will be allowed to be taken on less than a full work week basis except under
unusual circumstances, and then only when approved by the designated Company officer. Engineers are encouraged to
take their vacations when they will have the least effect on the Company. The Company will determine the feasibility of any
request that may interfere with the Company's service or operations. Engineers entitled to ten (10) or more days of vacation
pay may split their vacation into not less than five (5) day segments.
ARTICLE 23 – BENEFITS
Section 1 – Health & Welfare
The Company shall provide each Engineer and their eligible dependents a level of hospital, surgical, medical, prescription,
life and dental benefits under a group plan consistent with the terms and conditions in effect on the date of this Agreement.
This does not limit the Company from varying plan vendor, administrator or components subject to the foregoing.
Section 2 – Short Term Disability
Engineers subject to this Agreement shall be eligible for an Allowance for Medical Leave on the same terms and conditions,
and at the same level, as are described in the Company’s Policy and Procedure Manual, Procedure 3.10. The terms,
conditions and level of such allowance may be changed from time to time by the Company, provided such changes are
reflected in a general amendment to Procedure 3.10 and applied to all employees to whom Procedure 3.10 is applicable. It
is understood that changes to Procedure 3.10 will not be made without consultation between the parties.
Section 3 - Stock Purchase Plan
The Company will maintain for the benefit of Engineers covered by this Agreement a stock purchase plan, which may be
changed from time to time provided such changes are applicable to Company employees generally.
Section 4 - Employee Assistance Program
The Company will maintain for the benefit of Engineers covered by this Agreement an Employee Assistance Program, which
may be changed from time to time provided such changes are applicable to Company employees generally.
Section 5 - 401K Plan
The Company will maintain for the benefit of Engineers covered by this Agreement a 401(k) plan, which may be changed
from time to time provided such changes are applicable to Company employees generally.
Section 6 – Profit Based Incentive Plan
Engineers covered by this Agreement shall be eligible to benefit from the Company’s Profit Based Incentive Plan (PBIP),
dependent upon the Company achieving its announced targets and goals. The targets and goals for the PBIP, as well as
the determination of the results, will be decided solely by the Company.
Section 7 – Retirees
The Company shall provide the opportunity to retirees to maintain their Company plan health and welfare coverage through
until eligible for Medicare. The employee shall pay for the costs of maintaining the plan.
ARTICLE 24 – PHYSICAL EXAMINATIONS
Engineers covered by this Agreement may be required to take medical examinations by the Company's physician at the
Company's expense. Examinations take place in the individual’s own time. If the medical examination must take place
outside the Engineer’s seniority terminal, the individual will be allowed payment for meals and travel.
ARTICLE 25 – MEDICAL DISQUALIFICATIONS
A. If an Engineer is found to be medically disqualified by the Company's physician, and the Engineer is of the opinion
that his condition does not justify removal from the service or restriction of his rights to service, appeal will be made to the
designated officer of the Company for a joint medical board to be established.
B. The Engineer involved, or his representative will select a physician to represent him and the Company will select a
physician to represent it (who may be the original examining physician) in conducting a further medical examination. If the
two physicians thus selected shall agree, the conclusion reached by them as to the individual's medical condition will be final.
C. If the two physicians selected do not agree as to the medical condition of such individual, they will select a third
physician to be agreed upon by them, who shall be a practitioner of recognized standing in the medical profession and a
specialist in the disease or ailment from which the individual is alleged to be suffering. The three physicians thus selected
will examine the Engineer and render a report with reasonable promptness setting forth his physical condition and their
opinion as to his fitness to continue service in his regular employment, which shall be accepted as final. Should the decision
be adverse to the individual, and it later appears through medical findings that his condition has improved, a re-examination
by the Company's physician will be arranged after a reasonable interval upon the request of the Engineer or the Union.
D. The Company and the Engineer will each pay for the costs of their chosen physician and share equally in paying the
costs of the third physician.
E. If an Engineer has been furloughed for more than ninety (90) days and is recalled or rehired, he will be required to
pass a physical examination (including drug and alcohol testing) before being permitted to return to duty.
F. If for any other reason related to Company service, an Engineer is required to take a medical examination the
expense of that examination shall be covered by the Company.
ARTICLE 26 – PAYDAY
A. Payroll periods shall consist of two (2) pay periods per calendar month consisting of a first half and a second half.
Payroll periods shall commence on the first calendar day of each calendar month through and including the fifteenth
calendar day of each calendar month (first half) and the sixteenth calendar day of each calendar month through and
including the last calendar day of each calendar month (second half).
B. Engineers shall be paid on a semi-monthly basis by direct deposit. Engineers will be paid on or about the 16th for
scheduled hours during the first half of the month and on or about the 1st of the succeeding month for scheduled hours in
the second half of the month. Adjustments to the Engineers scheduled hours, such as overtime or time lost, will be
processed in the pay period following the reported time.
C. Nothing in the foregoing limits the Company from moving to a bi-weekly pay cycle during the term of this Agreement
provided, however, that the amount paid to the Guaranteed Extra Board is adjusted proportionally.
ARTICLE 27 – PAYROLL AND DEDUCTIONS
Payroll payments will be made only to a direct checking and/or savings deposit account as specified by the Engineer,
provided however that the employee’s selected financial institution is one recognized by the Company as able to accept
direct deposits.
Payroll deductions are available to all permanent full-time Engineers who execute a suitable written deduction authorization
for the following purposes:
• Periodic Union dues, agency fees and assessments included in monthly dues (not including fines and penalties)
payable to the Union.
• Other purposes as from time to time designated by the Company.
ARTICLE 28 – UNION SHOP AGREEMENT
A. Subject to the terms and conditions below, all employees of the Company subject to this Agreement shall, as a
condition of their continued employment under this Agreement, become members of the Union within sixty (60) calendar
days of the date they first perform compensated service under this Agreement, and shall maintain membership in good
standing in the Union while subject to the Agreement; provided, however, that this requirement for membership in the Union
shall not be applicable to:
• Those to whom membership is not available upon the same terms and conditions as are generally applicable to any
other member;
• Those to whom membership has been denied or terminated for any reason other than the failure of the employee to
tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a
condition of acquiring or retaining membership in the Union;
• Those who are members of another labor organization as permitted by Section 2, Eleventh (c) of the Railway Labor
Act, as amended; or
• Those who elect not to join the Union, in which case they shall be required to remit to the Union a monthly agency fee
which shall not be in excess of the standard monthly dues required of members.
B. Engineers, who are assigned or transferred for a period of thirty (30) calendar days or move to employment not
covered by such Agreement, or who are on leave of absence for a period of thirty (30) calendar days or more, shall not be
required to maintain membership as provided in this Rule so long as they remain in such other employment, or on such
leave of absence, but they may do so at their option. If and when such employees return to any service covered by this
Agreement, they shall comply with the provisions of this Rule within thirty (30) calendar days of such return to service.
C. An Engineer whose membership in the Union is suspended because of furlough or off duty illness or injury for a
period of thirty (30) calendar days or more, shall be granted upon his return to service under this Agreement, a period of
thirty (30) calendar days to comply with this Rule.
D. Every employee required by the provisions of this Rule to become and remain a member of the Union shall be
considered by the Company to be a member of the Union unless the Company is advised to the contrary in writing by the
Union. The Union shall be responsible for initiating action to enforce the terms of this Rule.
E. The Union shall furnish to the Company, in writing, the name and roster number of each Engineer whose seniority
and employment the Union requests be terminated by reason of failure to comply with the membership requirements of this
Rule.
F. In the event the Company wishes to dispute the correctness of the Union's position, it shall so notify the Union within
ten (10) calendar days of receipt of the notice from the latter, stating the reasons therefor. If, (1) no such exception is taken
by the Company, or (2) the Union does not withdraw its request within ten (10) calendar days from the date of the notice of
exception, the Company shall transmit to the Engineer at his last known address, through registered United States Mail,
return receipt requested, a copy of the Union's request, accompanied by an explanatory letter, a copy of which shall be
furnished the Union.
ARTICLE 29 – HANDLING OF TIME CLAIMS AND GRIEVANCES
The following terms and conditions are applicable to the handling of time claims and grievances:
A. All claims or grievances must be presented in writing by the Engineer involved, or on behalf of the Engineer by his
Local Chairman, to the officer of the Company authorized to receive same within thirty (30) days from the date of occurrence
on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall, within
thirty (30) days from the date it is received, notify the Engineer or his Local Chairman in writing of the reason(s) for such
disallowance. Should the Company fail to issue timely declination of the claim or grievance, it will be allowed as entered,
however such allowance will not constitute a precedent for other similar claims or grievances.
B. Claims declined at the local level and selected for further handling by the Local Chairman will be appealed, with all
pertinent facts, to the Company’s Manager – Human Resources within 30 days following local declination, otherwise they will
be barred from further handling.
C. Should any such appeal be disallowed, the Company shall, within thirty (30) days from the date it is received, notify
the Local Chairman in writing of the reason(s) for such disallowance. Should the Company fail to issue timely declination of
the appeal, the claim or grievance will be allowed, however such allowance will not constitute a precedent for other similar
claims or grievances.
D. The Labor / Management Resolution Committee will meet quarterly (the second Friday of January, April, July,
October) to review and resolve Engineer time claims and grievances.
E. Claims and grievance appeals disallowed by the Company will be barred from further handling unless, not less than
thirty (30) days prior to the next scheduled quarterly meeting date, the General Chairman lists existing unresolved
grievances to the Committee.
F. The Committee will consider the entire record of each dispute submitted to it. Decisions made pursuant to this
process will be written by the Company within thirty (30) days of the meeting date and will represent the final and binding
decision on such grievances. The handling of claims and grievances by the Committee will constitute any “conference”
prerequisite to submission of disputes to a tribunal established pursuant to law or by agreement.
G. In the event that a majority of the Committee does not agree on the resolution of a particular grievance, either party
may initiate proceedings before a tribunal established pursuant to law or by agreement within six months of the Committee’s
written decision having been rendered.
ARTICLE 30 – INVESTIGATIONS AND DISCIPLINE
Section 1 - Investigations
A. Except as otherwise provided in this Agreement, no Engineer shall be suspended or discharged without just cause
and without a fair and impartial hearing.
B. An Engineer directed to attend a formal hearing to determine the individual’s responsibility, if any, in connection with
an occurrence or incident shall be notified in writing within ten (10) days from the date of the occurrence. When the
occurrence is not of a nature immediately known to the Engineer’s supervisor(s), the notification must be within ten (10)
days of the time they have first have knowledge thereof. The notice shall contain a clear and specific statement of the date,
time, place and nature of the occurrence or incident that is to be the subject of the hearing.
C. The notice shall inform each Engineer so notified of the right to representation and the right to bring in witnesses.
D. If prior to the hearing, disposition of the charges is made on the basis of the Engineer’s acknowledgement of
responsibility, the disposition shall be reduced to writing and signed by the Engineer, his representative and the Company
official involved and shall incorporate a waiver of hearing and shall specify the extent of discipline which will be imposed.
E. Subject to the following, the hearing shall be held within ten (10) days of the notice. Consistent with the above
provisions, postponements of the formal hearing may be requested by either party on reasonable grounds and consent
shall not be unreasonably withheld. When Engineers are withheld from service the Company will not be permitted a
postponement unless agreed upon by the Union.
F. At the hearing, a transcript of the proceedings shall be taken. Such transcript shall be prepared within thirty (30)
days of the date of the hearing. In the event discipline is assessed, the Engineer shall, upon written request, be furnished
with a copy of the transcript.
G. If the formal hearing results in assessment of discipline, such decision shall be rendered within thirty (30) calendar
days from the date the hearing is concluded, and the Engineer shall be notified in writing of the decision.
H. Witnesses who are directed by the Company to attend a hearing shall be compensated for all time lost and in
addition will be reimbursed for actual, reasonable and necessary expenses incurred for each day of the hearing. Employee
witnesses who are requested to attend a hearing shall be compensated as though called by the Company if their testimony
is material to the matter under investigation.
Section 2 – Appeal Process
A. If the Engineer or the Union desires to appeal the discipline assessed as the result of an investigation, a written
appeal will be made to the Labor / Management Resolution Committee, established under Article 29.
B. Discipline appeals will be barred from further handling unless, not less than thirty (30) days prior to the next or
subsequent scheduled quarterly meeting date, the General Chairman lists existing unresolved grievances to the Committee.
C. The Committee will consider the entire record of each appeal submitted to it. Decisions made pursuant to this
process will be written by the Company within thirty (30) days of the meeting date and will represent the final and binding
decision on such appeal. The handling of appeals by the Committee will constitute any “conference” prerequisite to
submission of disputes to a tribunal established pursuant to law or by agreement.
D. If the Committee determines that an Engineer has been unjustly disciplined or dismissed, such discipline shall be set
aside and removed from the individual’s record. The Engineer shall be reinstated with his seniority rights unimpaired and,
unless otherwise agreed, shall be compensated for wage loss, if any, resulting from such discipline or dismissal.
E. In the event that a majority of the Committee does not agree on the resolution of a particular appeal, either party may
initiate proceedings before a tribunal established pursuant to law or by agreement within six months of the Committee’s
written decision having been rendered.
ARTICLE 31 – TIME OFF FOR UNION BUSINESS
A. An Engineer who is elected to a full time position with the Brotherhood of Locomotive Engineers shall be granted an
unpaid leave of absence for the duration of time he holds such position.
B. Engineers serving on committees (inclusive of those serving on safety committees as representatives of the Union)
will, upon sufficient notice, be granted time off without pay, consistent with the needs of service, to perform committee work.
An Engineer whose work is scheduled in two-day increments will be required to take two days leave.
ARTICLE 32 – ATTENDING COURT AND INQUESTS
Engineers who are required to attend court or inquests on behalf of the Company shall be made whole for lost wages.
ARTICLE 33 – LEAVE OF ABSENCE
A. Engineers may be granted a leave of absence without pay for up to thirty (30) days upon the written approval of the
Manager – Human Resources. Such leave may be extended in thirty (30) day increments by proper authority, but the total
leave may not exceed ninety (90) days unless personally authorized in writing by the Director – Human Resources. An
Engineer granted a leave of absence will sign a copy of the written authorization and return it promptly to the Company as a
condition of obtaining such leave.
B. Any Engineer on leave of absence from the Company may not work for any other company without advance approval
in writing from the Director – Human Resources.
C. Leaves of absence without pay will be granted to Engineers for the purpose of military reserve training.
ARTICLE 34 – JURY DUTY
Engineers who serve on jury duty will be paid the difference between the amount paid by the Court for such service and the
amount of the normal straight time rate of pay they would have earned. No pay will be granted to Engineers for this purpose
who are already on vacation, leave of absence, or furlough.
ARTICLE 35 – RECORD KEEPING
It is the responsibility of the Engineer to accurately complete his hours of service log and any other time records daily and
submit to the designated officer in a timely fashion as required by the Company. It is the responsibility of the Company to
appropriately record each transaction that affects Engineer’s wages, hours, vacation and personal leave days.
ARTICLE 36 - BULLETIN BOARDS
The Company shall provide space on bulletin boards at all home terminals to post notice of union business, provided that
such notice(s) shall not include any defamatory or anti-Company material.
ARTICLE 37 – CREW CALLING RECORDS
The Company shall provide each Local Chairman and the General Chairman with access in the Crew Calling Computer
system that enables them to research calling records and history.
ARTICLE 38 - GENERAL PROVISIONS
A. The purpose of this Agreement is to fix the general level of compensation and rules covering working conditions
through March 31, 2005 and thereafter until changed or modified in accordance with the provisions of the Railway Labor
Act, as amended.
B. Neither party to this Agreement shall serve, prior to December 1, 2004 (not to become effective prior to April 1,
2005), any notice or proposal for the purpose of changing, adding to, or deleting the provisions of any agreement in effect
between the parties.
C. The above provisions do not prohibit the parties from reaching agreements on any subject that may be mutually
beneficial and agreeable.
D. Unless otherwise specified, this Agreement is effective on April 1, 2002. At such time all other agreements in effect
between the parties are considered null and void, and this Agreement is the only agreement in effect between the parties.
Signed this 21st day of January, 2002, at Rosemont, Illinois
FOR THE CANADIAN NATIONAL FOR THE BROTHERHOOD
RAILWAY/WISCONSIN CENTRAL OF LOCOMOTIVE ENGINEERS
DIVISION
_________________________________ ____________________________________
R.K.MacDougall J.L.Bochman
Director – Human Resources General Chairman
_________________________________ ____________________________________
A.D.Rothwell J.W.Reynolds
Manager – Human Resources Vice General Chairman
Approved Approved
_________________________________ ____________________________________
K.A.Madigan R.K.Radek
V.P. – Human Resources International Vice President
U.S. Operations
January 21, 2002
ARTICLE 1 – PURPOSE
The parties to this Agreement agree that the fundamental objective of the Company is to operate a safe, efficient and
effective railroad transport operation and a key component to the success of this venture is the contribution of Locomotive
Engineers (hereinafter referred to as Engineers.)
This Agreement is founded on a principle of paying for Engineers' time on an all-inclusive basis and contemplates that in
order for the operation to be successful, individuals will perform all duties requested of them, subject to the provisions
contained herein. Nothing in this Agreement is intended to restrict the right of the Company to operate productively.
ARTICLE 2 – GENERAL PRINCIPLES
A. In this Agreement, words importing the singular shall include the plural and vice versa where the context requires.
Words importing the masculine gender shall include the feminine where the context requires.
B. This Agreement is intended to be applied in a non-discriminatory manner without regard to age, race, creed, color,
gender, national origin, disability, sexual orientation or marital status.
C. The parties recognize that this is a new Agreement, which introduces changes in the workplace. In recognition of this
a committee consisting of the Union General Chairman, Vice General Chairman and the Company’s General Manager
Operations and Director, Human Resources or their respective designates, will be established. This committee will be known
as the Labor / Management Resolution Committee, and will meet quarterly (the second Friday of January, April, July and
October) to review the application of this Agreement.
ARTICLE 3 – RECOGNITION
A. This Agreement covers all Engineers employed by the Company and represented by the Brotherhood of Locomotive
Engineers under the Railway Labor Act, as amended.
B. The term "Engineer" as herein referred to shall include employees represented by the Brotherhood of Locomotive
Engineers, except where otherwise specifically provided for herein. The term "Company" shall mean the Wisconsin Central
Ltd., Fox Valley & Western Ltd. and Sault Ste. Marie Bridge Company. The term "Union" or "General Committee" shall mean
the Brotherhood of Locomotive Engineers.
C. The right to make and interpret contracts covering rules, rates of pay and working conditions on behalf of Engineers
covered by this Agreement shall be vested in the regularly constituted General Committee of the Brotherhood of Locomotive
Engineers.
D. Where the term "duly accredited representative" appears herein, it shall be understood to mean the regularly
constituted General Committee and/or the Officers of the Brotherhood of Locomotive Engineers of which such General
Committee or Officers are a part.
ARTICLE 4 – SCOPE OF AGREEMENT
A. The parties recognize that the scope of this Agreement is unlike others in the rail industry and that it must be
interpreted accordingly. That being said, the primary role of an Engineer is to perform transportation duties associated with
the operation of locomotives.
B. Engineers will perform all and any duties that fall within this definition, whether the work is part of their normal
assignment or not.
C. The duties defined as Engineers’ will not ordinarily be assigned to other persons or groups.
D. The parties recognize that in order to meet a customer’s immediate unanticipated service need, or to meet
unanticipated terminal operational exigencies at a time a regularly assigned crew is not present and available in the terminal
for such service, and time will not permit calling a rested extra Engineer, a qualified employee may be used, without penalty,
to perform such service in lieu of a Locomotive Engineer.
E. The parties recognize that to achieve maximum efficiency of operations and to expedite the movement of trains,
Locomotive Engineers may perform incidental work in connection with their assignments and for which they are qualified in
the absence or unavailability of another employee who would otherwise perform such work.
F. Nothing in this Agreement alters any pre-existing rights that Engineers have with respect to remote control locomotive
operation.
ARTICLE 5 – WAGES
A. Effective April 1, 2002, the rate of pay for Engineers, including those operating remote control locomotives or other
technology will be $28.00 per hour. This rate will apply to all time on duty, unless otherwise specified in the Agreement.
B. Ten (10) hours or less will constitute a basic day and pay for all service performed after ten (10) hours will be at the
rate of time and one half.
C. Engineers who perform service on their assigned rest days shall be paid for such service at the rate of time and one
half, subject to the provisions of Article 11 (A) of this Agreement.
ARTICLE 6 – EMPLOYMENT SECURITY
A. Engineers who have established seniority prior to the effective date of this Agreement, and who are in active service
as an Engineer on the effective date of this Agreement, will be provided an assignment (which may be a Regular Assignment
or a Guaranteed Extra Board assignment) established pursuant to Article 8 Section 1 of this Agreement, and not be subject
to furlough, provided that they have exercised their seniority to the fullest extent and they remain available for service.
B. In the case of Engineers who establish seniority subsequent to the effective date of this Agreement, when no
vacancies exist on the Division, the Company will endeavor to provide the individual with details of any other openings that
may exist on other U.S. Divisions. These opportunities may be in other occupations and may require the Engineer to
transfer at his own expense and commence a new employment relationship with the new Division.
ARTICLE 7 – SENIORITY
Section 1 - Establishing seniority
A. The seniority date of an Engineer will be established as of the date he becomes fully qualified on a District and
performs compensated service as an Engineer.
B. Employees who have established seniority as Locomotive Engineers as of the effective date of this Agreement shall
remain on the roster with relative ranking unaffected.
C. Employees in the Engineer Training Program (ETP) on the effective date of this Agreement will establish seniority as
an Engineer upon the date the first candidate in said class successfully completes the program. All others who successfully
matriculate from the ETP shall be ranked in the relative order of their Conductors’ seniority behind those who have
previously established seniority as Engineers. No ETP class shall establish seniority ahead of a class that commenced
earlier.
D. Engineers hired from sources outside the Company holding current valid certification shall establish seniority in
accordance with Paragraph A of this Article.
Section 2 - Seniority rosters
A. Seniority roster(s) of Engineers showing date of employment with the Company and Engineer seniority date
and prior right designation shall be posted on or about January 15, May 15 and September 15 of each year, with a copy
being furnished to the General Chairman.
B. A statute of limitations of thirty (30) days from the date of posting is hereby fixed to appeal a case of seniority.
Seniority protests must be appealed to the officer of the Company designated to receive such appeals. Seniority roster
appeals will be directly handled by the Labor/Management Resolution Committee in the same manner as all other claims and
grievances. Protests that have previously been submitted and declined will not be accepted.
Section 3 – District and Terminal seniority
A. The right to work positions and assignments shall be determined by seniority subject to the provisions of Article 8,
Section 2. Subject to prior rights, seniority shall prevail as follows: first, by seniority within the terminal where the vacancy
occurs; second, by seniority within the district where the vacancy occurs; and third, by system seniority. An Engineer who
transfers into a terminal will exercise his seniority within that terminal based upon his system seniority date. It is understood
that an Engineer will maintain seniority in only one (1) terminal (and district) at any given time (i.e., the terminal/district at
which he is currently assigned).
B. There are five (5) seniority districts comprised of separate seniority terminals as shown below:
South District
Terminal 1 Fond du Lac
Terminal 2 Schiller Park
Terminal 3 Waukesha/Burlington
Fox Valley District
Terminal 1 Green Bay
Terminal 2 Neenah/Manitowoc/Plymouth
West District
Terminal 1 Stevens Point/Wisconsin Rapids/ Wausau/Marshfield/Waupaca
Terminal 2 Taylor
Northwest District
Terminal 1 Superior
Terminal 2 Ladysmith
Terminal 3 Mellen/Park Falls/North Ironwood
Terminal 4 New Brighton
North District
Terminal 1 Gladstone-Escanaba/Quinnesec/
Niagara/Pembine
Terminal 2 Ishpeming
Terminal 3 Trout Lake/Sault Ste. Marie, MI
Note : Gladstone-Escanaba is considered one terminal.
C. The Company will consult with the Union prior to bulletining positions where it is proposed to establish any new
seniority terminals additional to those shown above.
D. The Company will normally bulletin assignments at outlying points not listed above to the terminal in closest
geographic proximity within the district.
Section 4 - Prior rights
Engineers holding prior rights on the former territory of the FVW or SSM will have prior rights to the number of positions that
exist on the effective date of this Agreement. Consistent with the manner in which seniority is exercised pursuant to Article
8, these prior right positions will be subject to prior right selection by Engineers identified on the seniority roster with the
appropriate prior right designation noted in his ranking on the seniority roster. Prior right positions on the FVW and SSM will
lose their prior right designation when the last prior right Engineer on the applicable territory retires, resigns or otherwise
ends his employment with the Company. In the event prior rights assignments are abolished and later re-established, they
will be bulletined as prior rights assignments.
Section 5 - Layoff and recall
Engineers not subject to Employment Security provisions will be furloughed in inverse seniority order at the terminal where
force reductions are undertaken. The Company shall recall Engineers in seniority order by certified mail to the employee's
last known address. It shall be the responsibility of the individual to keep the Company advised in writing of his current
address.
The individual shall indicate to the Company within fifteen (15) days of such notice of recall of his intention to return to work
and shall present himself for work within fifteen (15) days of giving notice of intention to return. Failing to notify the
Company or return to work within the prescribed period(s) shall result in forfeiture of seniority.
Section 6 - Seniority while in management or union positions
Engineers holding or appointed to a management position with the Company, its affiliates or subsidiaries, or holding or
appointed to a Union Officer's position will retain and accumulate their seniority.
ARTICLE 8 – JOB VACANCIES AND BIDDING
Section 1 – Establishment of Regular Assignments and Extra Boards
A. Regular assignments will be established consistent with business requirements and will be bulletined to work either
five (5) days with two (2) scheduled off days, six (6) days with three (3) scheduled off days or six (6) days with one (1)
scheduled day off. Where possible, assignments will have a designated starting time.
B. The Company may adjust the starting time of an assignment with a designated starting time forward or back, if the
crew is notified at or prior to the end of his previous tour of duty. Where required for operational purposes on the day of the
assignment, the Company may adjust the starting time of an assignment by not more than one hour before or two (2) hours
after the normal starting time, provided that the Engineer is notified not less than two (2) hours prior to the normal starting
time of the assignment.
C. Regular assignments may be bulletined with a three (3) hour calling window in lieu of a specific start time. An
Engineer not called at the expiration of the calling window will be considered on pay.
D. The overall proportion of regularly assigned positions will not be reduced and the Company will endeavor to increase
the number of regular assignments as a percentage of work.
E. Guaranteed Extra Board assignments will be established where the needs of service dictate and will be bulletined
with one (1) scheduled rest day per week.
F. Each terminal will maintain a bulletin listing all positions, including guaranteed extra board positions, which will include
(a) the job title and the normal assigned duties of the job, (b) the home terminal and, where applicable, the away from home
terminal, (c) whether the job is anticipated to tie up at the on-duty point, away from home, or is variable, (d) the starting time
of the assignment if applicable, and (e) the assigned day(s) off.
G. Newly established positions will be bulletined for a period of seven (7) days to enable interested Engineers to update
their preferences in the crew calling system.
Section 2 – Assignment to Positions
A. Subject to the prior rights provisions contained in Article 7, Section 4, assignment to positions shall be governed by
seniority. A standing bid system will operate. Employees’ job preferences will be maintained in the crew calling system and
can be updated at any time. As soon as vacancies (other than temporary vacancies) are known to exist, the senior
Engineer having a standing bid listing for the position will be assigned, subject to the provisions Article 7, Section 3.
B. In the event there are no bids for a position, the senior Engineer not working as an Engineer or furloughed within the
terminal where the vacancy exists, shall be assigned to the position; if none then the junior Engineer not working as an
Engineer or furloughed on the district where the vacancy exists shall be assigned to the position; if none then the junior
Engineer not working as an Engineer or furloughed on the system shall be assigned to the position; if none then the junior
Engineer on the closest Extra Board to where the vacancy exists shall be assigned to the position.
C. Temporary vacancies of more than fourteen (14) days will be filled in accordance with the standing bid system.
D. The current practice of allowing all positions to be filled simultaneously three (3) times per year shall be maintained
utilizing the standing bid system. Simultaneous bidding shall take place on or about February 1, June 1, and October 1 of
each year.
ARTICLE 9 - ANNULMENT OF ASSIGNMENTS
A. When assignments are to be annulled on holidays, the Company will provide Engineers assigned thereto at least
twenty-four (24) hours notice.
B. When assignments are annulled on other than New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Day after Thanksgiving, Christmas Eve Day, Christmas Day or New Year’s Eve Day, the Engineer
assigned to the position will be assigned to other available work within the scope of this Agreement or be paid for the day.
C. No pay will be allowed when an assignment is annulled on New Year’s Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve Day, Christmas Day or New Year’s Eve Day unless the
Engineer utilizes a personal leave day.
ARTICLE 10- ABOLISHMENT AND DISPLACEMENT
A. Engineers whose positions are abolished will be given a minimum of twenty-four (24) hours notice, which shall be
satisfied by calling the telephone number which the Engineer has designated to the Company in writing, and be allowed to
exercise seniority to any assignment within the terminal in which he is located by displacing a junior Engineer in accordance
with the individual’s standing bid. In the absence of having a remaining standing bid selection the Engineer has twenty-four
(24) hours in which to exercise his seniority, or he will be assigned by the Company.
B. If unable to displace a junior Engineer in the terminal, the Engineer shall exercise his seniority to displace a junior
Engineer within the district, if none, then he shall exercise his system rights. In the absence of having a remaining standing
bid selection the Engineer has forty-eight (48) hours in which to exercise his seniority, or he will be assigned by the
Company. An Engineer who is forced to exercise to a location that is more than 100 miles from the location from which
displaced will be permitted a reasonable time not exceeding one week to take up the position.
C. Permanent changes in rest days, home terminal or starting times of more than two (2) hours shall entitle the affected
Engineer to a displacement which must be requested at the time the change is notified.
ARTICLE 11 – GUARANTEED EXTRA BOARDS
A. Where Guaranteed Extra Boards have been established pursuant to Article 8, the off day will commence at 0601
hours unless the Engineer is currently working or away from home, in which case the off day will commence when he ties up
at his home terminal. The off day will run for twenty-four (24) hours, at which time the Engineer will automatically be marked
back up, last out.
B. Engineers exercising seniority to the Guaranteed Extra Board part way through the pay half will be placed on the
Board at 0601 hours after the exercise of their seniority, and their guarantee will be pro-rated accordingly.
C. Guaranteed Extra Boards will operate on a first-in, first-out basis, based on tie-up time. In any instance where more
than one Engineer is marked back up to the Board at the same time, their previous tie up time will govern relative order.
D. Engineers assigned to Guaranteed Extra Boards will fill temporary vacancies and extra assignments at the location of
the Board and at outlying points within the seniority district as necessary. In the event the Guaranteed Extra Board from
which the assignment would normally be filled is exhausted, the assignment will be filled by:
1. calling the Senior rested Engineer on a Supplemental Board; and then,
2. calling others in accordance with the needs of service.
E. Engineers assigned to the Guaranteed Extra Board will be guaranteed a minimum gross payment of $2800 per half
month. All compensation credited to the Engineer during the period will be deducted from the guarantee. An Engineer who
misses a call or lays off at the time called for an assignment will have the guarantee reduced by the earnings of the
assignment. These provisions are separate and distinct from any disciplinary action that may result. An Engineer who
otherwise lays off will have his guarantee reduced by 1/10th for each full or partial day not marked up.
F. Engineers who miss a call or lay off for any reason will be automatically be marked back to the Board, last out, at
0601 hours.
ARTICLE 12 – SUPPLEMENTAL BOARDS
A. Engineers desiring to make themselves available for service on the Supplemental Board on their scheduled rest day
(s) shall notify Crew Management in the proper form prior to or upon tie up on the last day of their regularly assigned work
week.
B. Engineers placed on the Supplemental Board will not be considered available for call from the Supplemental Board
within sixteen (16) hours of the regularly scheduled start time of their regular assignment when other Engineers are
available to be called from the Board.
C. It is intended that Engineers will not be called from the Supplemental Board if doing so would cause the Engineer to
lack legal rest or be unavailable for his regular shift.
ARTICLE 13 – APPROVAL OF APPLICATIONS FOR EMPLOYMENT
Applications for employment will be approved or disapproved within ninety (90) days following the day the employee first
becomes qualified for and performs service as an Engineer with the Company.
An application that is rejected anytime within such period will result in termination of the employee’s relationship with the
Company for all purposes and shall not be subject to the Article 30 of this Agreement.
ARTICLE 14 – RULES/RE-CERTIFICATION/INSTRUCTION CLASSES
A. Engineers who are required to attend rule, Engineer re-certification, or instruction classes on their own time shall be
paid actual time, except that no pay shall be required for Engineers attending remedial classes in lieu of or as part of the
discipline process or as described below.
B. Where training takes place away from the Engineer’s home terminal, lodging will be provided, and the Engineer shall
be entitled to allowances for meals and for travel between the home terminal and the course accommodation.
C. Where an examination or test forms part of the training requirement, an employee is expected to meet the required
standard on the first attempt. If an individual is unable to achieve the necessary standard, he will be offered additional
training (without compensation) and will be afforded further opportunities to re-take the examination, which must take place
within ten (10) days of the first attempt and which will be on their own time. An employee who fails to attain the required
standard at the completion of this period will be deemed to have disqualified himself for employment and will forfeit all
seniority.
D. Engineers who are required to attend rule, Engineer re-certification, or instruction classes during a normal tour of
duty (i.e.; combined with other service) will not be paid additional compensation.
E. Regular Engineers who lose earnings as a result of being required to attend rule, Engineer re-certification, or
instruction classes shall be paid for the earnings lost. Extra Engineers shall be credited with a day’s pay for each day
attending such classes.
F. Furloughed Engineers must maintain their Locomotive Engineer certification.
ARTICLE 15 – LOCOMOTIVE ENGINEER TRAINING PROGRAM
A. The parties agree that the Locomotive Engineer Training Program will be developed and maintained by the Company
in consultation with the Union. The Union will provide the Company with a list of prospective participants from which the
Company will select not less than two (2) to participate in the development and maintenance of the Training Program.
Participants representing the Union will not be paid by the Company.
B. The program will provide the necessary skills, knowledge and performance to ensure a standard of competency for
Engineers. The training will incorporate classroom and on-the-job training.
C. Candidates in the training program will be given two (2) opportunities to successfully complete the classroom
component of their training and will be required to satisfy the practical component during a check-ride.
D. Engineer Trainees will receive on-the-job instruction from Locomotive Engineer Trainers selected by the Company in
consultation with the BLE Local Chairman. Engineers selected as Trainers should exhibit exemplary knowledge of locomotive
operation and train handling and demonstrate the ability to effectively communicate such skills to Trainees.
ARTICLE 16 – ON AND OFF DUTY POINTS
A. Except as provided below, Engineers shall have (a) designated point(s) for going on and off duty each day. The
Company will consult with the Union prior to bulletining positions where it is proposed to change any On-Duty points.
B. The starting time of an Engineer shall commence at the time he is required to report for duty, and his pay shall
continue until the time he is tied up.
C. When Engineers are relieved at points other than the point of going on duty, the Company shall provide
transportation to the appropriate off duty point which shall be at a recognized location as designated by the Company.
D. Assignments may include bulletined away from home on and off duty points where assigned Engineers will rest while
off duty.
E. Engineers called to perform service on work trains or at an outlying point shall remain on such assignment for its
duration up to one (1) calendar week. Engineers performing service on work trains shall accompany and go on and off duty
with the work train. Engineers not furnished transportation shall be compensated for travel. If such individuals are not
returned to their home terminal, they shall also be provided a meal allowance and lodging. Engineers performing service on
work trains or temporary assignments at outlying points shall not be eligible for payment under Article 19 (D) of this
Agreement.
F. Engineers may decline a call for a consecutive calendar week outlying point assignment. If an Engineer declines a
second consecutive outlying point assignment, the next extra board Engineer will be called, and such call will not generate a
run-around for the Engineer(s) declining the call. If no other extra board Engineer is rested and available for the call, the
first-out Engineer must accept the call.
ARTICLE 17 – CALLING FOR DUTY
Section 1 – Calling
A. An Engineer without a designated starting time shall be called not less than two (2) hours prior to the time required to
report for duty, except in cases of emergency, such as floods, accidents, storms, etc., where Engineers shall be required to
report as soon as possible.
B. Engineers must designate a telephone and/or pager number at which they can be reached for the purpose of being
called.
C. Engineers called and not used will be paid one basic day and placed back to the bottom of the extra board; however,
an Engineer who is called and reports for an assignment and is subsequently not used, may instead perform such other
duties as directed for which he is qualified.
Section 2 – Used out of Order
A. Guaranteed Extra Board Engineers who are available and not called in the correct order (“runaround”) in accordance
with the procedures in this Agreement will be paid one half of the basic day payment, and if on a rotating board, remain first
out.
B. There shall be no “chain” type payments and not more than one runaround payment for any particular assignment.
C. The incidence of runaround claims will be reviewed in the conferences established pursuant to Article 2 in this
Agreement to identify and correct any systematic problems.
ARTICLE 18 - MEAL PERIODS
A. Engineers whose assignment works primarily within a yard will have twenty (20) minutes in which to eat, on the
property, between the beginning of the fourth and the end of the seventh hour. The time utilized by Engineers for their meal
period shall be uninterrupted. However, in granting Engineers time for their meal, it is with the understanding that such must
not cause unnecessary interference or delay with the performance of their work or the work of other crews.
B. In the application of this Article, it is agreed that if a dispute arises regarding the interpretation or application of this
Article, said dispute will not be the basis for time claims, but will be referred to the Committee established pursuant to Article
2 for final and binding action and disposition.
ARTICLE 19 - EXPENSES
Section 1 – Held Away From Home Terminal
A. Engineers completing their work assignment away from their headquarters point will be provided a meal allowance of
$15.00.
B. The Company will provide lodging and will be responsible for the payment of room and taxes.
C. When selecting regular accommodation providers the Company will consider the proximity of restaurant facilities. The
Company will consult with the Union General Chairman regarding changes to regular accommodation providers.
D. Except as provided for herein, when an Engineer is tied up at other than his home terminal, upon the expiration of
sixteen (16) hours away from home, the individual shall be considered on pay, except that such time shall not be counted
towards hours of service. Should an Engineer be called for service or ordered to deadhead after such pay begins, the held
away from home terminal pay ceases at the time the service or deadhead commences.
E. This provision shall not apply to Engineers in service on work trains or at outlying points or to Engineers temporarily
transferred or assigned to a new home terminal.
Section 2 – Transportation Expense
When an Engineer is required to work away from his regular assigned location, the Company will either provide
transportation or reimburse the Engineer for necessary costs of transportation, which shall be at the standard driving
allowance allowed by the IRS. No reimbursement will be made where the Company provides transportation.
Section 3 – Deadheading
Deadheading shall be paid either separate from or combined with service, in the manner least costly to the Company.
Where deadheading is paid separately from service, the Engineer shall be paid half a day or actual time consumed,
whichever is greater.
This provision will not apply when transporting regularly assigned Engineers from their home terminal to their away from
home terminal, or vice versa, as part of their regular assignment. Such Engineers will be paid a service trip.
ARTICLE 20 – PERSONAL LEAVE DAYS
A. A single pool of Personal Leave Days (PLDs) is afforded to Engineers in lieu of distinct allocations for personal time
off, holidays and bereavement.
B. PLDs may be taken by the Engineer in single day increments, subject to the requirements of service and, except in
emergencies, the individual providing not less than 24 hours notice. Engineers who work assignments in which the work is
grouped in two day blocks (e.g. : away from home regular assignments) must take PLDs in two-day increments.
C. In situations where the number of applicants seeking PLDs exceeds the number of Engineers that can be released,
the Company will approve applications on the basis of order in which received excepting that no application may be
submitted more than six months in advance. In the event of more than one application being received on the same day, the
most senior Engineer will have preference.
D. PLDs shall be paid at the Basic Day rate of pay. Engineers will be credited eleven (11) PLDs for the period April 1,
2002 through to and including December 31, 2002. Thereafter, PLDs will be credited at the rate of twelve (12) per calendar
year January 1 to and including December 31.
E. Newly hired or promoted Engineers will receive one PLD for each full month of employment as Engineer.
F. Engineers who leave the service of the Company during the year will have their PLD allocation reduced on a pro-rata
basis to allow one PLD per each full month worked.
G. PLDs must be used during each calendar year or will be forfeited.
ARTICLE 21 - HOLIDAYS
A. No additional compensation will be paid to Engineers who work on the holidays enumerated in Article 9.
B. An Engineer whose assignment is annulled because of a holiday may, at their discretion, utilize a PLD, if available.
C. If a Guaranteed Extra Board assignment is annulled on a holiday, the guarantee will be reduced by 1/10th.
ARTICLE 22 – VACATION
A. Engineers with hire dates prior to the effective date of this Agreement shall have their existing vacation entitlements
preserved. Otherwise, Engineers who qualify will receive paid vacation time on the following schedule:
Less than 24 months service 1/2 day for each full calendar month of service; not to exceed 10 days
2 but less than 5 years service 10 days
5 but less than 14 years service 15 days
14 but less than 23 years service 20 days
23 or more years service 25 days
Note: Engineers shall be eligible for the additional days of vacation during the year in which they celebrate their second,
fifth, fourteenth or twenty-third anniversary of employment.
B. Vacation days will be accrued and redeemed at the rate of ten (10) hours per day.
C. Vacation time cannot be accumulated from year to year, and there will be no pay for vacation in lieu of time off
without written approval of the General Manager.
D. Each individual must work twelve (12) full calendar months in order to be eligible for his full allotment of vacation.
Individuals who do not work a full calendar year due to resignation, retirement, termination or extended leave of absence
shall be eligible for pro-rated vacation. For each full calendar month of service, such individual will receive 1/12 of the
vacation for which he is eligible. For example, if an individual works the first six calendar months of the year and resigns on
July 1, he will be eligible for 6/12 (1/2) of his allotted vacation.
E. When an individual works in more than one craft or job function during the credit-earning year, his vacation pay will
be based on the amount related to the job function performed most frequently during that year.
F. Vacation requests from those who qualify in a given calendar year must be submitted in writing to the Engineer's
designated supervisor no later than December 1 for vacation to be taken in the following year.
G. Vacation for Engineers who have established seniority prior to the effective date of this Agreement will be allocated
on the basis of company seniority. Vacation for Engineers who establish seniority subsequent to the effective date of this
Agreement will be allocated on the basis of Engineer seniority date. The Local Chairman will furnish the designated
Company manager with vacation seniority lists and will assist with the process of determining the allocation.
H. When submitting requests, Engineers should include at least three (3) choices in case of duplicate requests.
I. All vacations will commence at the beginning of the tour of duty for the Engineer's designated work period and
continue as consecutive week(s). No vacation will be allowed to be taken on less than a full work week basis except under
unusual circumstances, and then only when approved by the designated Company officer. Engineers are encouraged to
take their vacations when they will have the least effect on the Company. The Company will determine the feasibility of any
request that may interfere with the Company's service or operations. Engineers entitled to ten (10) or more days of vacation
pay may split their vacation into not less than five (5) day segments.
ARTICLE 23 – BENEFITS
Section 1 – Health & Welfare
The Company shall provide each Engineer and their eligible dependents a level of hospital, surgical, medical, prescription,
life and dental benefits under a group plan consistent with the terms and conditions in effect on the date of this Agreement.
This does not limit the Company from varying plan vendor, administrator or components subject to the foregoing.
Section 2 – Short Term Disability
Engineers subject to this Agreement shall be eligible for an Allowance for Medical Leave on the same terms and conditions,
and at the same level, as are described in the Company’s Policy and Procedure Manual, Procedure 3.10. The terms,
conditions and level of such allowance may be changed from time to time by the Company, provided such changes are
reflected in a general amendment to Procedure 3.10 and applied to all employees to whom Procedure 3.10 is applicable. It
is understood that changes to Procedure 3.10 will not be made without consultation between the parties.
Section 3 - Stock Purchase Plan
The Company will maintain for the benefit of Engineers covered by this Agreement a stock purchase plan, which may be
changed from time to time provided such changes are applicable to Company employees generally.
Section 4 - Employee Assistance Program
The Company will maintain for the benefit of Engineers covered by this Agreement an Employee Assistance Program, which
may be changed from time to time provided such changes are applicable to Company employees generally.
Section 5 - 401K Plan
The Company will maintain for the benefit of Engineers covered by this Agreement a 401(k) plan, which may be changed
from time to time provided such changes are applicable to Company employees generally.
Section 6 – Profit Based Incentive Plan
Engineers covered by this Agreement shall be eligible to benefit from the Company’s Profit Based Incentive Plan (PBIP),
dependent upon the Company achieving its announced targets and goals. The targets and goals for the PBIP, as well as
the determination of the results, will be decided solely by the Company.
Section 7 – Retirees
The Company shall provide the opportunity to retirees to maintain their Company plan health and welfare coverage through
until eligible for Medicare. The employee shall pay for the costs of maintaining the plan.
ARTICLE 24 – PHYSICAL EXAMINATIONS
Engineers covered by this Agreement may be required to take medical examinations by the Company's physician at the
Company's expense. Examinations take place in the individual’s own time. If the medical examination must take place
outside the Engineer’s seniority terminal, the individual will be allowed payment for meals and travel.
ARTICLE 25 – MEDICAL DISQUALIFICATIONS
A. If an Engineer is found to be medically disqualified by the Company's physician, and the Engineer is of the opinion
that his condition does not justify removal from the service or restriction of his rights to service, appeal will be made to the
designated officer of the Company for a joint medical board to be established.
B. The Engineer involved, or his representative will select a physician to represent him and the Company will select a
physician to represent it (who may be the original examining physician) in conducting a further medical examination. If the
two physicians thus selected shall agree, the conclusion reached by them as to the individual's medical condition will be final.
C. If the two physicians selected do not agree as to the medical condition of such individual, they will select a third
physician to be agreed upon by them, who shall be a practitioner of recognized standing in the medical profession and a
specialist in the disease or ailment from which the individual is alleged to be suffering. The three physicians thus selected
will examine the Engineer and render a report with reasonable promptness setting forth his physical condition and their
opinion as to his fitness to continue service in his regular employment, which shall be accepted as final. Should the decision
be adverse to the individual, and it later appears through medical findings that his condition has improved, a re-examination
by the Company's physician will be arranged after a reasonable interval upon the request of the Engineer or the Union.
D. The Company and the Engineer will each pay for the costs of their chosen physician and share equally in paying the
costs of the third physician.
E. If an Engineer has been furloughed for more than ninety (90) days and is recalled or rehired, he will be required to
pass a physical examination (including drug and alcohol testing) before being permitted to return to duty.
F. If for any other reason related to Company service, an Engineer is required to take a medical examination the
expense of that examination shall be covered by the Company.
ARTICLE 26 – PAYDAY
A. Payroll periods shall consist of two (2) pay periods per calendar month consisting of a first half and a second half.
Payroll periods shall commence on the first calendar day of each calendar month through and including the fifteenth
calendar day of each calendar month (first half) and the sixteenth calendar day of each calendar month through and
including the last calendar day of each calendar month (second half).
B. Engineers shall be paid on a semi-monthly basis by direct deposit. Engineers will be paid on or about the 16th for
scheduled hours during the first half of the month and on or about the 1st of the succeeding month for scheduled hours in
the second half of the month. Adjustments to the Engineers scheduled hours, such as overtime or time lost, will be
processed in the pay period following the reported time.
C. Nothing in the foregoing limits the Company from moving to a bi-weekly pay cycle during the term of this Agreement
provided, however, that the amount paid to the Guaranteed Extra Board is adjusted proportionally.
ARTICLE 27 – PAYROLL AND DEDUCTIONS
Payroll payments will be made only to a direct checking and/or savings deposit account as specified by the Engineer,
provided however that the employee’s selected financial institution is one recognized by the Company as able to accept
direct deposits.
Payroll deductions are available to all permanent full-time Engineers who execute a suitable written deduction authorization
for the following purposes:
• Periodic Union dues, agency fees and assessments included in monthly dues (not including fines and penalties)
payable to the Union.
• Other purposes as from time to time designated by the Company.
ARTICLE 28 – UNION SHOP AGREEMENT
A. Subject to the terms and conditions below, all employees of the Company subject to this Agreement shall, as a
condition of their continued employment under this Agreement, become members of the Union within sixty (60) calendar
days of the date they first perform compensated service under this Agreement, and shall maintain membership in good
standing in the Union while subject to the Agreement; provided, however, that this requirement for membership in the Union
shall not be applicable to:
• Those to whom membership is not available upon the same terms and conditions as are generally applicable to any
other member;
• Those to whom membership has been denied or terminated for any reason other than the failure of the employee to
tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a
condition of acquiring or retaining membership in the Union;
• Those who are members of another labor organization as permitted by Section 2, Eleventh (c) of the Railway Labor
Act, as amended; or
• Those who elect not to join the Union, in which case they shall be required to remit to the Union a monthly agency fee
which shall not be in excess of the standard monthly dues required of members.
B. Engineers, who are assigned or transferred for a period of thirty (30) calendar days or move to employment not
covered by such Agreement, or who are on leave of absence for a period of thirty (30) calendar days or more, shall not be
required to maintain membership as provided in this Rule so long as they remain in such other employment, or on such
leave of absence, but they may do so at their option. If and when such employees return to any service covered by this
Agreement, they shall comply with the provisions of this Rule within thirty (30) calendar days of such return to service.
C. An Engineer whose membership in the Union is suspended because of furlough or off duty illness or injury for a
period of thirty (30) calendar days or more, shall be granted upon his return to service under this Agreement, a period of
thirty (30) calendar days to comply with this Rule.
D. Every employee required by the provisions of this Rule to become and remain a member of the Union shall be
considered by the Company to be a member of the Union unless the Company is advised to the contrary in writing by the
Union. The Union shall be responsible for initiating action to enforce the terms of this Rule.
E. The Union shall furnish to the Company, in writing, the name and roster number of each Engineer whose seniority
and employment the Union requests be terminated by reason of failure to comply with the membership requirements of this
Rule.
F. In the event the Company wishes to dispute the correctness of the Union's position, it shall so notify the Union within
ten (10) calendar days of receipt of the notice from the latter, stating the reasons therefor. If, (1) no such exception is taken
by the Company, or (2) the Union does not withdraw its request within ten (10) calendar days from the date of the notice of
exception, the Company shall transmit to the Engineer at his last known address, through registered United States Mail,
return receipt requested, a copy of the Union's request, accompanied by an explanatory letter, a copy of which shall be
furnished the Union.
ARTICLE 29 – HANDLING OF TIME CLAIMS AND GRIEVANCES
The following terms and conditions are applicable to the handling of time claims and grievances:
A. All claims or grievances must be presented in writing by the Engineer involved, or on behalf of the Engineer by his
Local Chairman, to the officer of the Company authorized to receive same within thirty (30) days from the date of occurrence
on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall, within
thirty (30) days from the date it is received, notify the Engineer or his Local Chairman in writing of the reason(s) for such
disallowance. Should the Company fail to issue timely declination of the claim or grievance, it will be allowed as entered,
however such allowance will not constitute a precedent for other similar claims or grievances.
B. Claims declined at the local level and selected for further handling by the Local Chairman will be appealed, with all
pertinent facts, to the Company’s Manager – Human Resources within 30 days following local declination, otherwise they will
be barred from further handling.
C. Should any such appeal be disallowed, the Company shall, within thirty (30) days from the date it is received, notify
the Local Chairman in writing of the reason(s) for such disallowance. Should the Company fail to issue timely declination of
the appeal, the claim or grievance will be allowed, however such allowance will not constitute a precedent for other similar
claims or grievances.
D. The Labor / Management Resolution Committee will meet quarterly (the second Friday of January, April, July,
October) to review and resolve Engineer time claims and grievances.
E. Claims and grievance appeals disallowed by the Company will be barred from further handling unless, not less than
thirty (30) days prior to the next scheduled quarterly meeting date, the General Chairman lists existing unresolved
grievances to the Committee.
F. The Committee will consider the entire record of each dispute submitted to it. Decisions made pursuant to this
process will be written by the Company within thirty (30) days of the meeting date and will represent the final and binding
decision on such grievances. The handling of claims and grievances by the Committee will constitute any “conference”
prerequisite to submission of disputes to a tribunal established pursuant to law or by agreement.
G. In the event that a majority of the Committee does not agree on the resolution of a particular grievance, either party
may initiate proceedings before a tribunal established pursuant to law or by agreement within six months of the Committee’s
written decision having been rendered.
ARTICLE 30 – INVESTIGATIONS AND DISCIPLINE
Section 1 - Investigations
A. Except as otherwise provided in this Agreement, no Engineer shall be suspended or discharged without just cause
and without a fair and impartial hearing.
B. An Engineer directed to attend a formal hearing to determine the individual’s responsibility, if any, in connection with
an occurrence or incident shall be notified in writing within ten (10) days from the date of the occurrence. When the
occurrence is not of a nature immediately known to the Engineer’s supervisor(s), the notification must be within ten (10)
days of the time they have first have knowledge thereof. The notice shall contain a clear and specific statement of the date,
time, place and nature of the occurrence or incident that is to be the subject of the hearing.
C. The notice shall inform each Engineer so notified of the right to representation and the right to bring in witnesses.
D. If prior to the hearing, disposition of the charges is made on the basis of the Engineer’s acknowledgement of
responsibility, the disposition shall be reduced to writing and signed by the Engineer, his representative and the Company
official involved and shall incorporate a waiver of hearing and shall specify the extent of discipline which will be imposed.
E. Subject to the following, the hearing shall be held within ten (10) days of the notice. Consistent with the above
provisions, postponements of the formal hearing may be requested by either party on reasonable grounds and consent
shall not be unreasonably withheld. When Engineers are withheld from service the Company will not be permitted a
postponement unless agreed upon by the Union.
F. At the hearing, a transcript of the proceedings shall be taken. Such transcript shall be prepared within thirty (30)
days of the date of the hearing. In the event discipline is assessed, the Engineer shall, upon written request, be furnished
with a copy of the transcript.
G. If the formal hearing results in assessment of discipline, such decision shall be rendered within thirty (30) calendar
days from the date the hearing is concluded, and the Engineer shall be notified in writing of the decision.
H. Witnesses who are directed by the Company to attend a hearing shall be compensated for all time lost and in
addition will be reimbursed for actual, reasonable and necessary expenses incurred for each day of the hearing. Employee
witnesses who are requested to attend a hearing shall be compensated as though called by the Company if their testimony
is material to the matter under investigation.
Section 2 – Appeal Process
A. If the Engineer or the Union desires to appeal the discipline assessed as the result of an investigation, a written
appeal will be made to the Labor / Management Resolution Committee, established under Article 29.
B. Discipline appeals will be barred from further handling unless, not less than thirty (30) days prior to the next or
subsequent scheduled quarterly meeting date, the General Chairman lists existing unresolved grievances to the Committee.
C. The Committee will consider the entire record of each appeal submitted to it. Decisions made pursuant to this
process will be written by the Company within thirty (30) days of the meeting date and will represent the final and binding
decision on such appeal. The handling of appeals by the Committee will constitute any “conference” prerequisite to
submission of disputes to a tribunal established pursuant to law or by agreement.
D. If the Committee determines that an Engineer has been unjustly disciplined or dismissed, such discipline shall be set
aside and removed from the individual’s record. The Engineer shall be reinstated with his seniority rights unimpaired and,
unless otherwise agreed, shall be compensated for wage loss, if any, resulting from such discipline or dismissal.
E. In the event that a majority of the Committee does not agree on the resolution of a particular appeal, either party may
initiate proceedings before a tribunal established pursuant to law or by agreement within six months of the Committee’s
written decision having been rendered.
ARTICLE 31 – TIME OFF FOR UNION BUSINESS
A. An Engineer who is elected to a full time position with the Brotherhood of Locomotive Engineers shall be granted an
unpaid leave of absence for the duration of time he holds such position.
B. Engineers serving on committees (inclusive of those serving on safety committees as representatives of the Union)
will, upon sufficient notice, be granted time off without pay, consistent with the needs of service, to perform committee work.
An Engineer whose work is scheduled in two-day increments will be required to take two days leave.
ARTICLE 32 – ATTENDING COURT AND INQUESTS
Engineers who are required to attend court or inquests on behalf of the Company shall be made whole for lost wages.
ARTICLE 33 – LEAVE OF ABSENCE
A. Engineers may be granted a leave of absence without pay for up to thirty (30) days upon the written approval of the
Manager – Human Resources. Such leave may be extended in thirty (30) day increments by proper authority, but the total
leave may not exceed ninety (90) days unless personally authorized in writing by the Director – Human Resources. An
Engineer granted a leave of absence will sign a copy of the written authorization and return it promptly to the Company as a
condition of obtaining such leave.
B. Any Engineer on leave of absence from the Company may not work for any other company without advance approval
in writing from the Director – Human Resources.
C. Leaves of absence without pay will be granted to Engineers for the purpose of military reserve training.
ARTICLE 34 – JURY DUTY
Engineers who serve on jury duty will be paid the difference between the amount paid by the Court for such service and the
amount of the normal straight time rate of pay they would have earned. No pay will be granted to Engineers for this purpose
who are already on vacation, leave of absence, or furlough.
ARTICLE 35 – RECORD KEEPING
It is the responsibility of the Engineer to accurately complete his hours of service log and any other time records daily and
submit to the designated officer in a timely fashion as required by the Company. It is the responsibility of the Company to
appropriately record each transaction that affects Engineer’s wages, hours, vacation and personal leave days.
ARTICLE 36 - BULLETIN BOARDS
The Company shall provide space on bulletin boards at all home terminals to post notice of union business, provided that
such notice(s) shall not include any defamatory or anti-Company material.
ARTICLE 37 – CREW CALLING RECORDS
The Company shall provide each Local Chairman and the General Chairman with access in the Crew Calling Computer
system that enables them to research calling records and history.
ARTICLE 38 - GENERAL PROVISIONS
A. The purpose of this Agreement is to fix the general level of compensation and rules covering working conditions
through March 31, 2005 and thereafter until changed or modified in accordance with the provisions of the Railway Labor
Act, as amended.
B. Neither party to this Agreement shall serve, prior to December 1, 2004 (not to become effective prior to April 1,
2005), any notice or proposal for the purpose of changing, adding to, or deleting the provisions of any agreement in effect
between the parties.
C. The above provisions do not prohibit the parties from reaching agreements on any subject that may be mutually
beneficial and agreeable.
D. Unless otherwise specified, this Agreement is effective on April 1, 2002. At such time all other agreements in effect
between the parties are considered null and void, and this Agreement is the only agreement in effect between the parties.
Signed this 21st day of January, 2002, at Rosemont, Illinois
FOR THE CANADIAN NATIONAL FOR THE BROTHERHOOD
RAILWAY/WISCONSIN CENTRAL OF LOCOMOTIVE ENGINEERS
DIVISION
_________________________________ ____________________________________
R.K.MacDougall J.L.Bochman
Director – Human Resources General Chairman
_________________________________ ____________________________________
A.D.Rothwell J.W.Reynolds
Manager – Human Resources Vice General Chairman
Approved Approved
_________________________________ ____________________________________
K.A.Madigan R.K.Radek
V.P. – Human Resources International Vice President
U.S. Operations
January 21, 2002