Make your own free website on Tripod.com

ARTICLE 1

PREAMBLE

 

    1. The purpose of this Agreement is for the Alaska Railroad Corporation (ARRC) and the employees represented by the United Transportation Union (UTU) to cooperate fully in order to provide for the continued operation and services of the ARRC under conditions which will further the safety of rail transportation and promote the efficiency of the operation of the ARRC.
    2. The ARRC and the UTU agree that there shall be no discrimination against any individual in compliance with applicable laws; nor will the ARRC interfere with, restrain, discriminate, or coerce any employee who, because of their membership in the union, engages in any lawful activities.

 

 

ARTICLE 2

RECOGNITION

 

The Alaska Railroad Corporation, its successors and assigns, all hereinafter referred to as the ARRC, recognizes the United Transportation Union, UTU Local 1626, AFL-CIO; hereinafter called the Union, signatory to this Agreement, as the exclusive representative for all regular and probationary employees with respect to the Terms and Conditions of Employment as defined in A.S. 42.40.980 (10); excluding supervisors and professional employees not traditionally represented by a bargaining unit; management officials, employees engaged in personnel work other than in a clerical capacity and confidential employees defined as Secretary to the Chief Executive Officer, Secretary to the Employee Services Department, Secretary to the Labor Relations Department, and Secretary to the Legal Department; Computer Programmers/specialists engaged in such activities at least 80 percent of the time in their assignments; and outside sales representatives who call on customers. It is recognized that new positions and classifications created by the ARRC shall be placed in the appropriate bargaining unit.

 

 

 

ARTICLE 3

SCOPE

 

This Agreement applies to ARRC employees represented by the United Transportation Union in the following job classifications/Seniority Departments:

  1. Engineer
  2. Fireman
  3. Conductor
  4. Brakeman

 

ARTICLE 4

JURISDICTION

 

Engineer, Conductor, Fireman, and Brakeman positions on equipment owned or leased by the ARRC or that is operated on track owned or leased by the ARRC to move passengers, freight, locomotives or perform work service (exclusive of track maintenance machinery) will be operated by employees represented by the United Transportation Union Local 1626. In addition, no Carrier supervisor, official or non-craft employee (including yardmasters) shall be used to supplant or substitute for any road or yard employee’s work. However, nothing in this article shall prevent qualified individuals from performing such work in emergencies, or for the purposes of experimental development.

NOTE: The above reference to track and equipment does not apply to privately owned industry track.

 

ARTICLE 5

SAVINGS CLAUSE

 

In the event that any provision in this Agreement violates any law, ruling or regulation of any government authority or agency having jurisdiction of the subject matter of that provision, the provision shall no longer be binding on the parties, but the remaining portion of the Agreement shall continue in full force and effect. The ARRC or the Union may, at the option of either party, upon 30 days notice, require renegotiation of such an individual provision.

 

 

 

ARTICLE 6

MANAGEMENT RIGHTS

 

  1. The management of the ARRC and the authority to execute all the various duties, functions and responsibilities incident thereto is vested in the ARRC. The exercise of such authority shall not conflict with this Agreement.
  2. The contract provisions set forth herein shall be the sole source of any rights the UTU may assert in arbitration.
  3. The ARRC shall have the right to make reasonable rules and regulations affecting the terms and conditions of employment and to change such rules and regulations and require compliance therewith. If the rule is not a reasonable rule or affects the employee's ability to earn a living, the Union may grieve the rule under the Grievance Procedure as provided in this Agreement.

 

 

ARTICLE 7

RIGHTS OF THE UNION

 

  1. Employees who were members of the Union on January 1, 1986, or who subsequently become members of the Union shall, as a condition of continued employment, remain members of the Union.
  2. Upon successful completion of the probationary period, all new employees hired shall join the Union, and shall, as a condition of employment, remain a member of the Union. It shall be the responsibility of the ARRC to assure that all new employees have executed a dues withholding agreement, to be effective on the day following successful completion of the probationary period, that will include an initiation fee, if applicable. The ARRC shall take the necessary steps to remove an employee from the employment rolls if an employee refuses to execute a dues withholding agreement, except those who are members in good standing or who have previously executed a dues withholding agreement, except as provided in A.S. 42.40.880. Exemption. The ARRC will issue dues withholding checks to the Union on a biweekly basis. The Union shall notify the ARRC of any changes to the Union dues or initiatives.
  3. Employees who are not members of the Union shall be required to join the Union or begin paying an agency fee as a condition of continued employment within 90 days of signing this agreement.
  4. The ARRC will forward a copy of the completed dues withholding agreement to the Union.
  5. If the Union alleges in writing that an employee should be terminated for failure to pay union dues, or an agency fee, a hearing will be held to determine if the employee has violated the union security agreement. If the employee has violated the union security agreement and refuses to come into compliance with the union security agreement, the employee shall be terminated. The Union will hold the ARRC harmless for any action which results from said termination.

 

 

ARTICLE 8

SAFETY

 

  1. The ARRC is committed to reducing employee injuries and occupational illness by carrying out all areas of its operation in the safest possible manner. The ARRC will exert every effort to provide and maintain safe working conditions and industrial health protection for all employees in compliance with applicable laws. The Union will work together with the ARRC to improve safety and industrial health condition of ARRC workplaces and will encourage all employees to work toward that end.
  2. It is recognized that the ARRC management and its employees have a joint responsibility for the safety of ARRC employees and the public and shall observe all safety rules and practices to protect ARRC employees and the public. The ARRC will not encourage or expect employees to violate any operating or safety rule to perform their respective jobs. The ARRC will welcome in a positive manner, and be responsive to, suggestions from any individual or Union, which offers ways to improve safety conditions.
  3. The Union representative on the department safety committee shall meet with Union approval. The Union will be supplied with a copy of the monthly injury-illness statistical report and minutes of the labor/management safety meetings. The results of outside safety audits will be discussed at safety meetings.
  4. The Union and the ARRC will make every effort to prevent accidents. Should accidents occur, the prime consideration will be the welfare and comfort of injured personnel. The names and locations of employees qualified to administer first aid shall be posted on all bulletin boards. The ARRC will provide required first aid equipment and training for all those requesting it.
  5. An employee is required to report any injury or accident to the immediate supervisor as soon as the employee becomes aware of it so that the circumstances of the accident or injury may be properly investigated to prevent reoccurrence.
  6. Employees injured at work will not be required to make accident reports before they are given medical attention, but will make them as soon as practicable thereafter. Proper medical attention will be given at the earliest possible moment to any injured employee.

  7. All specialized protective equipment and training required by the ARRC will be provided, without cost, to the employee.
  8. In the event an employee is required to work in areas where safety conditions are in dispute or a concern, the employee shall explain to the supervisor these safety concerns, and if the safety concerns of the employee are not satisfied, they will be referred immediately to the department manager or designee who will make the determination. An ARRC supervisor or manager shall not place any employee in imminent risk of illness or injury. The Union shall have the right to challenge the decision through the grievance procedure.
  9. The emergency evacuation plans will be updated at least annually and each employee will receive a copy for their specific work location.
  10. The ARRC and Union will continue to identify and create a contingency plan for all areas of joint concern.

  11. Sufficient seats will be provided on engines for crewmembers. The current seat replacement program will continue.

 

 

ARTICLE 9

SENIORITY

 

A. SENIORITY ACQUISITION & LISTS

  1. Current Seniority lists for Trainmen and Enginemen on the effective date of this agreement shall be the basis for establishing seniority lists thereafter.
  2. New employees will rank on the seniority list the date they write the closed book Operating Rules test. Seniority order is based on a combination of closed book test score and performance evaluations received during initial training. Upon agreement between the ARRC and Union General Chairman, new dual qualified employees may be assigned a temporary seniority date due to training capacities.
  3. Separate seniority lists may be established within a seniority department. Such lists must be agreed upon between the ARRC and the Union General Chairman.
  4. Seniority lists will be posted in January and July of each year. Errors on seniority lists will be corrected upon notification in writing accompanied with supporting documentation to the Chief Crew Dispatcher. If a correction is made to a seniority list, the list shall be reissued.
  5. Employees with the least seniority will be laid off first (except for voluntary layoff) and employees will be offered recall from layoff in seniority order.
  6. Single Qualified Enginemen will rank on the Trainman seniority list in seniority order with a Brakeman date of Jan 1, 2002 if decertified as a locomotive Engineer. This provision shall not make the Engineer dual qualified.
  7.  

    1. SENIORITY ACCRUAL

Seniority will accrue:

  1. While actively employed by the ARRC in a position represented by the Union.
  2. During any leave or layoff period.
  3. As provided in Paragraph D.6. of this Article.
    1. SENIORITY LOSS

An employee will lose all seniority rights:

        1. Upon resignation or retirement.
        2. Upon termination, unless rescinded by the ARRC or vacated by an arbitration award.
        3. Upon failure to respond for recall as provided for under Article 31 "Layoff and Recall".
        4. When absent for three (3) consecutive days or more, without notification or furnishing a justifiable reason for such absence, an employee may be considered to have voluntarily terminated employment. Exceptional cases will be handled on an individual basis.
        5. When working elsewhere without express approval of the ARRC during a leave of absence. Notices of such approval will be given to the Union. Union approval is required for the employee to continue to accrue seniority.
          1. SENIORITY DEPARTMENTS

  1. Seniority departments are established in this agreement along with the method of obtaining and applying seniority in such departments.
  2. Seniority rights are applied on a system-wide basis.
  3. Employees hired after December 24, 1995 are required to become dual qualified.
  4. Dual qualified employees who are unable to work in a seniority department, and not restricted from performing service due to ARRC discipline, are permitted to exercise seniority in another seniority department in accordance with this agreement.
  5. Employees, who upon ratification of this agreement hold frozen seniority in train or engine service, or employees, who after ratification of this agreement accept a non-represented position with the ARRC, will have their seniority number(s) frozen under the following provisions:
  6. The ARRC and the Union will determine their current numerical position on the applicable train and/or engine service seniority lists. After the number(s) has been determined, the number will be frozen. Employees will be reinstated with that seniority number upon returning to train or engine service with the ARRC.

    Employees accepting a non-represented position with the ARRC who are not promoted, will not be ran around due to a junior employee receiving a Conductor or Engineer seniority date.

    Employees with a frozen seniority number will have their number adjusted to the bottom of the applicable seniority list if their current frozen number would be lower than the total number of employees on the applicable seniority list. Once adjusted, the number will again be frozen.

    Employees with frozen seniority numbers may be ran around only when a higher seniority employee departs the bargaining unit.

    Employee, ID#52998 will remain Grandfathered.

  7. Employees accepting a position in another ARRC Bargaining Unit shall maintain and accrue Union seniority. Employees may return to the Union due to layoff in the other Bargaining Unit. Employees returning to the Union due to layoff in another Bargaining Unit must return to that Bargaining Unit when recalled.
  8. Employees working in positions outside the Bargaining Unit at the ARRC may return to the Union at any time.
  9. Employees that accept positions outside the Bargaining Unit will count toward the Attrition process in Article 13, Section H. If such employees return to the Bargaining Unit the ARRC shall immediately recalculate the Attrition formula and reinstate Brakeman positions as required, due to the recalculation.
  10. Single qualified enginemen who are decertified as locomotive engineers and not restricted from performing service due to ARRC discipline are permitted to exercise seniority in train service per Paragraph A.6., of this Article.
  11. Single qualified train service employee’s seniority will not be restricted in Train Service as a result of not being Engine-service qualified.
  12. Single qualified engine service employee’s seniority will not be restricted in Engine Service as a result of not being Train-service qualified.

  1. Dual Qualified Transfer of Craft Bid

  1. When the ARRC has the need to transfer dual qualified employees between Train or Engine service a Transfer of Craft bid will be bulletined. If no dual qualified employee bids on the transfer, the least senior dual qualified employee will be force assigned based on the seniority in the craft forced from.
  2. A Transfer of Craft bulletin may require the position(s) be filled by promoted employees when all promoted employees in the craft are working promoted positions or to cover leave. If no qualified employees bid, the least senior qualified employee shall be force assigned.
  3. Bids on Transfer of Craft bulletins are awarded based on seniority in the craft employee is bidding into. Employees awarded a Transfer of Craft bid will have a full bump. No bid bumping of Transfer of Craft positions will be allowed.
  4. No dual qualified employee will be laid off if a junior employee is working in another craft.
  5. No single qualified train service employee will be laid off if a senior dual qualified employee is working in train service for reasons other than the right of retreat.

 

 

ARTICLE 10

STATUS OF EMPLOYMENT

 

  1. REGULAR EMPLOYEE
  2. An employee who has successfully completed the probationary period.

  3. PROBATIONARY EMPLOYEE
    1. An employee who has not completed one hundred eighty (180) calendar days of cumulative active service from date of hire, or transfer from another ARRC bargaining unit, or 1040 cumulative subject to retirement hours, whichever comes first, in a seniority department, or an employee who has lost seniority under the seniority provisions of the Agreement. Time for a new probationary requirement will begin upon return to service after seniority was lost.
    2. The discipline or termination of a probationary employee is not subject to the grievance procedure.
    3. For the purposes of benefit eligibility only, the probationary period is ninety (90) calendar days of cumulative active service.

 

 

 

ARTICLE 11

EXERCISING SENIORITY

 

      1. Definitions
      2. Exercising Seniority: Bidding or bumping to an assignment, requesting relief of an assignment, or placing oneself to the applicable Anchorage non-promoted Extra Board.

        Bidding: Submitting a written application for a bulletined vacancy.

        Full Bump: The ability to displace a junior employee or bid-bump a bulletined vacancy.

        Bid-bump: To temporarily occupy a bulletined vacancy until displaced, forced, or awarded the assignment.

        Relief of Assignment: Submitting a written request to vacate an assignment or craft.

      3. Qualified employees can exercise seniority in the craft assigned subject to the following:
      4. Employees can exercise seniority when marked up and available to work.
      5. Employees can bid if marked up and available to work sometime during the life of the bulletin.
      6. Employees are not allowed to vacate and reoccupy the same vacancy more than once in a nine (9) day period, unless displaced.
      7. Engineers need not be qualified from Portage to Seward, or for Rotary service to exercise seniority to an assignment that requires such qualification.

    1. Employees displaced have a full bump and can place themselves on a vacancy by bid-bumping, subject to the following:
      1. Employees bid-bumping a vacancy will protect that assignment until awarded the job by bulletin or bumped by a senior employee.
      2. Employees on bid-bumps are subject to force assignment.
      3. Employees force assigned while on a bid-bump retain the right to bump a junior employee.
      4. Employees that bid-bump a vacancy must also submit a bid in writing prior to the bulletin closing.
      5. Employees may not bid-bump new assignments and assignments to be vacated.
      6. Employees failing a bid-bump must bump a junior employee, or place themselves to the applicable Anchorage non-promoted Extra Board, within two (2) hours of notification. Time for employees at work or working away from their home terminal will begin upon tie-up at their home terminal.
      7. Employees can bid-bump once per full bump.

    2. Displaced employees have twelve (12) hours after notification, close of shift, effective time of displacement, or release, whichever is later, to exercise seniority.
    3. Employees failing to exercise seniority within the time limits above will be placed to the respective Anchorage non-promoted Extra Board.
    4. C. Relief Of Bid Assignment

      1. Employees can relinquish an assignment not less than thirty (30) days after the effective time of the bid provided a qualified junior employee is on the respective Anchorage non-promoted Extra Board, subject to the following conditions:

      1. Employees must submit a written request to the office of Chief Crew Dispatcher requesting relief of bid assignment.
      2. Employees whose job has been bulletined can be required to protect the assignment through the life of the bulletin.
      3. Employees relinquishing their assignment are exercising seniority to the respective Anchorage non-promoted Extra Board at time of release.
      4. Multiple requests for relief of assignment are executed in seniority order.

  1. Relief Of Force Assignment

  1. Employees forced to a promoted position can relinquish their assignment when a junior promoted employee marks up to a non-promoted position in the same craft. The junior employee is forced to the senior employee’s vacated assignment and the senior employee will be placed on the applicable Anchorage non-promoted Extra Board.
  2. Employees forced to a non-promoted position may relinquish their assignment when a junior employee marks up to the respective Anchorage non-promoted Extra Board. The junior employee will be immediately force assigned to the senior employees vacated assignment and the senior employee will be placed to the applicable Anchorage non promoted Extra Board.
  3. Dual qualified employees forced to the other craft can relinquish their cross craft reassignment when a qualified junior employee marks up in the craft vacated by the senior employee.
  4. Dual qualified employees forced to the other craft to protect a promoted position can relinquish their cross craft reassignment when there are sufficient promoted employees in the craft to protect promoted positions.
  5. Employees must submit a written request to the office of Chief Crew Dispatcher when requesting relief of force assignment.
  6. Employees located at terminals other than Anchorage who relinquish their assignment can be held on that assignment until the junior employee is available to protect.
  7. Multiple requests for relief of assignment are executed in seniority order. Seniority in the craft forced from will determine the order of relief of cross craft reassignments.

          1. Exercising Seniority to Other Terminals

Employees exercising seniority to another terminal have a total of 24 hours, exclusive of rest, from notification, close of shift, effective time of displacement or release, whichever is later, to travel and protect the assignment.

 

 

ARTICLE 12

CLASSIFICATION AND BASIS OF PAY

 

  1. Employees are paid a percentage of the applicable hourly rate based upon cumulative subject to retirement hours in accordance with the following Wage Step Schedule:
  2. Step One

    less than 1,040 hours

    65% of classification worked

    Step Two

    more than 1,040 hours, but less than 2,080 hours

    75% of classification worked

    Step Three

    more than 2,080 hours, but less than 4,160 hours

    80% of classification worked

    Step Four

    more than 4,160 hours, but less than 6,240 hours

    85% of classification worked

    Step Five

    more than 6,240 hours, but less than 8,320 hours

    90% of classification worked

    Step Six

    more than 8,320 hours, but less than 10,400 hours

    95% of classification worked

    Step Seven

    more than 10,400 hours

    100% of classification worked

  3. Upon the effective date of this Agreement the following hourly rates of pay are effective:
  4. Yard Brakeman/Fireman $ 24.45

    Yard Conductor/Engineer $ 25.64

    Road Brakeman/Fireman $ 26.94

    Road Conductor/Engineer $ 30.01

  5. One year after the effective date of this Agreement the following hourly rates are effective:
  6. Yard Brakeman/Fireman $ 25.67

    Yard Conductor/Engineer $ 27.04

    Road Brakeman/Fireman $ 27.89

    Road Conductor/Engineer $ 31.06

     

  7. Two years after the effective date of this Agreement the following hourly rates are effective:
  8. Yard Brakeman/Fireman $ 26.70

    Yard Conductor/Engineer $ 28.40

    Road Brakeman/Fireman $ 28.72

    Road Conductor/Engineer $ 31.99

  9. Three years after the effective date of this Agreement the following hourly rates are effective:
  10. Yard Brakeman/Fireman $ 27.76

    Yard Conductor/Engineer $ 29.82

    Road Brakeman/Fireman $ 29.59

    Road Conductor/Engineer $ 32.95

  11. Four years after the effective date of this Agreement the following hourly rates are effective:
  12. Yard Brakeman/Fireman $ 28.87

    Yard Conductor/Engineer $ 31.31

    Road Brakeman/Fireman $ 30.47

    Road Conductor/Engineer $ 33.94

  13. Five years after the effective date of this Agreement the following hourly rates are effective:

Yard Brakeman/Fireman $ 30.03

Yard Conductor/Engineer $ 32.87

Road Brakeman/Fireman $ 31.39

Road Conductor/Engineer $ 34.96

  1. All wage increases will occur on the first day of the pay period following the qualifying event.
  2. At ratification of this Agreement, if an employee’s applicable wage in Paragraph B of this Article, with the Wage Step from Paragraph A applied, is less than the employee’s "retained wage" from the prior Agreement, then the employee shall stay at the retained wage from the prior agreement, until such time that Wage Step progression, or an across the board increase, dictates a wage increase.
  3. Employees assigned at Healy and/or points north will be compensated at rates five (5) percent higher than the applicable rates.
  4. Employees assigned to a regular bulletined job, who work that job during the entire weekly period and do not lay off or who are not laid off in accordance with the lay off and recall provisions of this Agreement, will be guaranteed a money equivalent of forty (40) straight time hours or eight (8) straight time hours times the number of days of the assignment at the assigned job rate if the assignment exceeds five (5) days. The term "WEEKLY PERIOD" means a period of seven (7) consecutive days, starting with Sunday.
    1. If the assignment begins after 0001 Sunday, the guarantee will be eight (8) times the remaining assigned days in that week, subject to the provisions above.
    2. Arrangements for alternate work weeks may be made by mutual agreement between the parties.

 

  1. In all types of service, on duty time for payment will begin at the time employees are required to report for duty and will continue until time released or tied up at their terminal. Company work and snow service is excepted and the provisions of Article 17.B.2. will apply. Employees released or tied up for less than eight (8) hours will be paid at the applicable straight time rate. Such paid release or tie-up time will not apply for the computation of overtime.
  2. Crews will be informed upon their arrival if they are being put on release. If they are released and the release time exceeds eight (8) hours, the release pay will terminate after eight (8) hours. Such a crew that was released for more than eight (8) hours will, upon returning to duty, be on continuous time for pay purposes for up to twelve (12) hours. An example would be a crew that is released in Seward for nine (9) hours after being on duty for six (6) hours. Upon returning to duty, this crew would be paid for the first two (2) hours at the straight time road rate and for their remaining hours at the overtime road rate. If this crew tied up five (5) hours after going back on duty in Seward, their total claim for the trip would be sixteen (16) hours straight time and three (3) hours overtime.

    If the crew is tied up, which will be their status unless they are informed that they are being put on release, they will not be paid for their off duty time, unless they are recalled for duty less than eight (8) hours after being tied up. In such a case, the crew will not be subject to call for the first six and one-half (6.5) hours after being tied up. However, if the crew is contacted and required to return to work prior to being off duty for eight (8) hours, they will be paid for their off-duty time in accordance with this Article.

  3. Conductors will report time of entire crew with their own. Employees performing hostling service will report their own time. When time is not allowed per time slip, each employee will be notified promptly the reason why, and what allowance, if any, has been made.
  4. Hours of work, for purposes of this Article, are defined as paid leave time or actual time spent in the performance of work and shall exclude all hours paid for under other Articles contained in this Agreement which do not represent actual work or paid leave time.

  1. Train or engine service employees performing service in more than one occupation in a day or trip will be paid for the entire day or trip at the highest rate applicable.
  2. For purposes of retirement, the eighty (80) hours per two week pay period will be credited as 40 hours per week. Retirement contributions will be made in accordance with United States Civil Service Retirement provisions and the ARRC approved pension plan. It is the intent to insure that employees are credited with maximum allowable retirement contributions allowable by applicable law.
  3. When an employee is held out of service pending medical evaluation by the ARRC's medical examiner, compensation shall be paid as follows:

1. Time off for the initial evaluation shall be covered by sick leave.

2. If the initial evaluation results in further time off, sick leave shall be used until the employee is released to return to duty.

3. If after the initial evaluation by the ARRC physician, no medical problems are found but the employee is referred to a specialist for further testing, compensation will be paid as follows:

    1. If after further testing by a specialist, medical problems are found, time off shall be covered by sick leave until released to return to duty.
    2. If after further evaluation by a specialist no medical problems are found, the employee shall be made whole for the time held off from date of original evaluation by the ARRC physician until examined by the specialist to whom referred. However, no payment will be allowed if:
      1. the employee is released for duty prior to seeing the specialist;
      2. the employee fails to meet the first appointment scheduled by the ARRC physician; and/or
      3. more than five (5) days elapse, unless the appointment with the specialist was not scheduled within five (5) days.

  1. Employees held out of service pending the results of a urinalysis shall be paid Administrative leave.
  2. Overtime:
    1. Overtime shall be compensated for at time and one-half (1.5) of the employee's regular straight time hourly rate.
    2. Overtime rates shall be paid for all straight-time hours over forty (40) per week, and for all hours over eight (8) per day, except as provided in 4 & 5 below.
    3. For overtime purposes, the administrative work week shall be Sunday through Saturday.
    4. Eight (8) hours shall constitute a normal work day except for alternate work schedules.
    5. Forty (40) hours shall constitute a normal work week except for alternate work schedules.
    6. For purposes of overtime calculation, jobs/runs beginning at least eight (8) hours after tie up are considered new days even if the job/run begins during the same twenty four (24) hour period as the tie up. Eight (8) hours or less shall constitute a minimum day.

  1. Employees will be paid bi-weekly.
  2. Bargaining Unit employees are eligible for direct deposit.
  3. Employees will notify the ARRC immediately of any payroll errors. If an employee has been underpaid or overpaid, the ARRC will make an adjustment on the payday following the payroll period when the mistake was brought to the attention of the ARRC.
    1. Upon request and with verifying documentation, the ARRC will pay the employee any underpayment within one (1) working day after it is brought to the attention of the payroll department, but in no case longer than three (3) days.
    2. Employees will promptly repay the ARRC for any overpayment. Overpayment(s) may be deducted from an employee's next paycheck. Should the overpayment be substantial and the employee cannot immediately reimburse the ARRC, a repayment plan will be devised. Exceptions to this Paragraph must be approved by the President/CEO or designee.

 

 

ARTICLE 13

CREW CONSIST

 

Crew size is determined by job requirements under the terms and conditions of this Article. The ARRC has the right to assign additional crewmembers.

  1. Passenger Service Crews

  1. Crews operating passenger trains will consist of at least one (1) Conductor, one (1) Engineer, and one (1) Fireman. The ARRC may substitute a Brakeman for a Fireman on trains traveling less than 125 miles in one direction. Additional crewmembers are added in the following manner:

          1. If four (4) or more pieces of passenger equipment are used, excluding locomotives, power cars, baggage cars, and diner cars, one (1) Brakeman shall be added.
          2. Anchorage to Seward passenger crew consist from June 1 until September 1 is one (1) Conductor, one (1) Engineer, one (1) Fireman, and one (1) Brakeman.

    1. Crews operating self-propelled passenger cars will consist of one (1) Conductor, and one (1) Engineer. Additional crewmembers are added in the following manner:

    1. If four (4) or more self-propelled cars are coupled in multiple, without locomotive power, one (1) Brakeman shall be added.
    2. If a locomotive is added to a consist of self-propelled cars, one (1) Fireman shall be added.

    1. Crews operating passenger trains chartered by tour companies (e.g., Westours, Princess), will consist of one (1) Conductor, one (1) Engineer, and one (1) Fireman.
    2. Crews operating non-revenue passenger trains will consist of (1) Conductor and one (1) Engineer.
        1. No later than May 1, 2003, Conductors or Engineers who exercise seniority to a passenger Brakeman or Fireman position, respectively, will not be subject to force assignment.

  1. After May 1, 2003, Brakeman and Fireman vacancies may be filled from the applicable Brakeman’s or Fireman’s Extra Board if there are insufficient promoted Extra Board employees to fill promoted vacancies (at the discretion of a Crew Dispatcher).
    1. Freight Service Crews

  1. Crews operating freight trains will consist of at least one (1) Conductor and one (1) Engineer. The following conditions apply:

    1. Unless eliminated through attrition as in Article 13, section H freight train assignments will also include a Brakeman. However, coal trains between Healy and Fairbanks, or Fairbanks and Healy, and extra unassigned freights (subject to the limitations in b. thru e. below) are two person crews.
    2. Freight trains will not exceed five thousand two hundred eighty (5280) feet, exclusive of locomotives.
    3. Freight trains are limited to four (4) pick-ups or set-outs, (as defined in Article 17.F.) or a combination thereof, en route or at terminals other than Anchorage and Fairbanks. There shall be no more than two (2) pick ups or set outs in the Whittier terminal.
    4. If it is known prior to departure that the limitations of Sections b. and c. above will be exceeded, one (1) Brakeman will be added (if not already in place). If the limitations are exceeded en route, and a Brakeman had not been added, each crewmember will be paid four (4) straight time hours in addition to all other earnings for the trip or tour of duty. Crews must obtain authorization from the Train Dispatcher’s office prior to exceeding the limitations of Sections b. and c. above.
    5. At Anchorage or Fairbanks terminals, two-person crews (one Conductor and one Engineer) may double their trains when the length of the train exceeds track capacity. Two-person crews may also be required to pick up and deliver their locomotives between the mechanical service area and their train.

Assignments & Work That Require A Three-person Crew

  1. The following assignments are performed by a three-person crew consisting of one (1) Conductor, one (1) Engineer, and one (1) Brakeman:

    1. yard;
    2. company work;
    3. commercial work;
    4. irregular service.

  1. The following work is performed by a three-person crew consisting of one (1) Conductor, one (1) Engineer, and one (1) Brakeman:

    1. unloading bulk commodities, (i.e., coal, gravel, etc);
    2. loading or unloading rail barges;
    3. loading bulk commodities other than coal, (i.e., gravel, etc.); and
    4. executing a planned double with a train exceeding 21 total cars.

 

  1. Extra Boards
  2. Extra Boards established at Seward, Moose Pass, Whittier, Anchorage, and Fairbanks will consist of at least one (1) Conductor, one (1) Engineer, and one (1) Brakeman. Extra Boards established at Healy will consist of at least one (1) Conductor and one (1) Engineer.

  3. Relieving Crews
  4. Crews relieved due to Hours of Service Act will be relieved by a like crew. Exception: Crews relieving passenger train crews due to Hours of Service may operate with no more than one (1) Conductor, one (1) Engineer, and one (1) Brakeman.

  5. New business and other Crew Consists
  6. New business and other Crew Consists may be agreed upon by the Superintendent of Transportation and the Union General Chairman.

  7. Dividing Crews
  8. Crews beginning a shift or tour of duty together will complete their shift or tour of duty together. However;

    1. Crews may be divided to double hills, or in cases of emergency,
    2. Crew members may be held over to fill a vacancy when no other employee is available,
    3. Deadheading a crewmember to a home terminal is allowed.

  1. Attrition of Brakeman Positions & Implementation of Revised Crew Consist

  1. Each year, prior to May 1st, but no earlier than April 1st, two (2) Brakeman positions are reduced from applicable existing jobs for each commercial or company work assignment added. Between May 1st and September 30th, crew consist is determined as described in Sections A, B, C, and D of this Article.
  2. Post September 30th, but no later than October 31st, two (2) Brakeman positions are added to applicable existing jobs for each commercial or company work assignment discontinued. Once transition is complete, and until this cycle repeats, all applicable two-person assignments will have the Brakeman position added, to the extent those positions have not been eliminated as a result of Paragraph 2 below.

    Brakeman positions may be added or removed as allowed above without creating a change in crew consist per Article 15.A.1.e. Positions are removed in inverse seniority order.

    This cycle repeats each year to the extent the Brakeman positions have not been eliminated as a result of Paragraph 2 below.

  3. Reduction of Brakeman positions is accomplished through attrition. Attrition is a departure from the bargaining unit. Employees who worked as Trainmen through the majority of their career, with a seniority date prior to May 22, 1989, constitute the population from which attrition occurs. Attrition occurs on a one and one half (1.5) to one (1) basis. That is, for every three (3) employees that are removed from this population of employees, two (2) Brakeman positions are immediately eliminated, and for every two (2) employees that are removed from this population of employees, one (1) Brakeman position is immediately eliminated. Year round attrition is achieved when the number of attrited positions exceeds the number of possible assignments for Brakeman, or when the employees in the pool of attrition are gone.
  4. Attrition is accomplished from the following jobs in the sequence below:

    1. Healy/Fairbanks/Healy or Fairbanks/Healy/Fairbanks freight service crews.
    2. Healy Extra Board positions.
    3. Anchorage or Fairbanks home terminal freight service crews.

            1. Protection
              1. Trainmen with a seniority date prior to April 15, 1980, are the first group of protected employees. Prior to a member of this group of protected employees being laid off or furloughed, the Superintendent of Transportation will determine which three (3) person assignment(s) will have a second Brakeman position. Only members of this group may bid on the second Brakeman’s assignment. It is the intent of this Paragraph that no member of this group is laid off prior to all three (3) person assignments having a second Brakeman position.
              2. Trainmen with a seniority date prior to January 1, 2000, are a second and different group of protected employees. Prior to a protected employee from this group being laid off or furloughed, the Superintendent of Transportation will determine which two (2) person assignment(s) will have a Brakeman position. It is the intent of this Paragraph that no protected employee is laid off prior to all two (2) person assignments having a Brakeman position.

 

 

 

ARTICLE 14

BULLETINS AND ASSIGNMENTS

 

A. Bulletins

1. New assignments and existing vacancies in assigned service are bulletined for four (4) consecutive days. Bulletins are issued daily at approximately 1800 hours and corrected bulletins may be issued prior to 2200 hours. Bids on assignments must be submitted in writing or facsimile and received in the office of the Chief Crew Dispatcher no later than 1200 hours on the third day. Assignments are awarded to the senior bidder and posted at 1800 hours on the third day and shall be effective at 0001 hours on the fourth day.

Example:

Monday Thursday Thursday Friday

1800 hours 1200 hours 1800 hours 0001 hours

Job Posted Bid Closes Awarded/Posted Effective

For assigned service, the bulletin will show:

    1. home terminal - reporting and relieving point
    2. far terminal - turnaround or layover points
    3. days on which the assignment is scheduled to work
    4. assigned or approximate start time
    5. assigned rest days
    6. class of service - road/yard or combination (road and yard assignments may be combined by agreement between the ARRC and the Union General Chairman)
    7. crew consist
      1. For assigned Extra Board service the bulletin will show home terminal.
      2. All bids will remain confidential until the bulletin closes. Employees and crew dispatchers have a mutual responsibility to ascertain which employees are awarded the bid the day the bulletin closes.
      3. Qualified employees may bid on any vacancy in their assigned craft.
      4. Known absences of fourteen (14) days or more are bulletined as stated above.
      5. Employees awarded an assignment and bumped prior to the effective time of the bulletin are displaced with a full bump.

  1. Bulletined Change In Assignment

  1. Employees on a regular assignment bulletined in accordance with the provisions of Article 15, Paragraph A., must exercise seniority within twelve (12) hours of being notified, close of shift, or effective time of displacement, whichever is later.
  2. Employees electing to remain on the changed assignment must bid on it.
  3. Employees on a regular assignment displaced due to a change in assignment cannot exercise seniority on any assignment that closes on that bulletin unless they are displaced after the effective time of the bulletin.
  4. Employees on a regular assignment displaced due to a change in assignment prior to the bulletin closing that day cannot exercise seniority onto any position closing on that day's bulletin.

  1. Craft Determination Bulletin

    1. A Craft Determination Bulletin will be used to determine which craft the dual qualified employees are allowed to bid on the Total Job Bulletin. The Chief Crew dispatcher will bulletin a call for bids from dual qualified employees in conjunction with the Total Job Bulletin. The dates and duration of this bulletin will be agreed upon by the ARRC and Union General Chairman.
      1. The Craft Determination Bulletin will show the total number of employees needed in each craft.
      2. Craft Determination is awarded based on seniority in the craft to which the employee is bidding.
      3. Force assignment of Craft Determination is based on the seniority in the craft the employee is currently assigned.

    2. Dual qualified employees not bidding on the Craft Determination Bulletin will remain in the craft they are assigned as seniority allows.

D. Total Job Bulletin

    1. Once a year to coincide with the start of Passenger Season, the ARRC will bulletin all jobs in a Total Job Bulletin. The dates and duration of this bulletin will be agreed to by the ARRC and Union General Chairman.
    2. This bulletin will not cause a loss of prior guarantee payment to employees eligible for such guarantee, including Extra Board employees bidding to assignments. When bidding on the Total Job Bulletin, Dual Qualified employees may bid only in the craft assigned on the Craft Determination Bulletin.

 

  1. Assignments

  1. Assignments in yard, passenger, freight, commercial work and company work service will be assigned service provided the work is predictable, frequent, of sufficient duration and is compatible with crew consist.
  2. At terminals where only one employee protects each Extra Board position (i.e. one Conductor, one Engineer, and one Brakeman) the Extra Boards may perform work that should otherwise be a regular assignment.
  3. Upon mutual agreement, the ARRC and the Union General Chairman can leave work unassigned that would otherwise be a regular assignment.

  1. Assignment Schedules

        1. Through Passenger or Freight service assignments between Anchorage and Fairbanks shall operate no more than two (2) round trips per week.
        2. Except in cases of emergency rest day(s) on all assignments will be given at the home terminal, unless otherwise agreed.
        3. No regular assignment in road service will be for more than six (6) days, or less than four (4) days. Yard and irregular road service assignments will be for five (5) consecutive days. Upon agreement between the ARRC and Union General Chairman (MOU required), alternative work schedules may be bulletined.
        4. Road service assignments scheduled to work four (4) days in a week will have no less than two (2) consecutive off days.

  1. Held On Assignment

  1. Employees assigned at a terminal other than Anchorage can be held on their assignment until their vacancy is filled and the employee is released, with no penalty to the ARRC provided no Extra Board employee is available and rested at that terminal. If an Extra Board employee is available and rested at that terminal, the employee held is entitled to the difference in earnings, if any, on the days held.
  2. Employees assigned to Fairbanks who successfully bid to another Fairbanks assignment will be released.
  3. Employees working assignments with standing calls and awarded another assignment will protect the new assignment at effective time if rested and released.
  4. Employees are required to protect their assignment and calls for their assignment through 2359 hours of the day they are awarded another assignment.

            1. Force Assignment

  1. When "NO BIDS" are received for Brakeman positions, the most junior unassigned employee working in train service is force assigned. When "NO BIDS" are received for Fireman positions, the most junior unassigned employee working in engine service is force assigned.
  2. When "NO BIDS" are received for Conductor positions, the most junior Conductor working in train service, not assigned to a Conductor position is force assigned. When "NO BIDS" are received for Engineer positions, the most junior Engineer working in engine service, not assigned to an Engineer position is force assigned.
  3. Employees absent fourteen (14) days or more are not subject to force assignment.
  4. Promoted employees are subject to force assignment to a promoted position on the same bulletin they are awarded a non-promoted position. The position they are forced from is bulletined.
  5. When more than one employee is forced on the same bulletin, the senior employee has their choice of position. If the senior employee cannot be contacted with reasonable effort, the crew dispatcher decides who is forced to which position.
  6. Employees force assigned to another terminal have twenty four (24) hours from the time notified, released, or rested (whichever is later), to protect the assignment. Additional time may be granted. This does not prohibit an employee from protecting the assignment earlier if they are there and rested.

  1. Absent Life Of Bulletin

Employees are permitted to exercise seniority immediately upon marking up by bumping an employee awarded an assignment in their absence when off the life of the bulletin. Dual qualified employees may mark up only in the craft they were assigned prior to their absence unless a craft transfer bid was bulletined and awarded to a junior employee during their absence.

            1. Absent 14 Days Or More
            2. Employees absent fourteen (14) days or more may exercise seniority immediately upon marking up at the expiration of leave. Employees not exercising seniority prior to 2359 hours on their last day of leave will lose all bumping rights and will be placed to the applicable Anchorage non-promoted Extra Board. Dual qualified employees will mark-up in the craft they were assigned prior to their absence unless a craft transfer bid was bulletined and awarded to a junior employee during their absence.

            3. Absent Less Than 14 Days

An employee absent less than fourteen (14) days whose job has been bulletined and assigned under Paragraph A.5. of this Article will be reassigned the position vacated unless assigned to a senior employee. If the vacated assignment was awarded to a senior employee the employee absent less that fourteen (14) days will be allowed to exercise seniority upon marking up.

 

 

 

ARTICLE 15

CHANGES AFFECTING ASSIGNMENTS

 

  1. Change In Assignment
    1. Regular assignments will be re-bulletined when any of the following changes are made.
      1. changing the home terminal, layover, or turnaround points;
      2. changing the assigned rest days;
      3. a change that is to remain in effect that alters the bulletined approximate start time more than two and one half (2.5) hours from when the job was a new assignment or change in assignment;
      4. a change that alters the bulletined assigned start time more than two and one half (2.5) hours from when the job was a new assignment or change in assignment.
      5. changing the crew consist.

    2. An assigned crew may be required to protect the change in an assignment through the life of the bulletin with no penalty payment to the ARRC.

  2. Changing The Starting Time
    1. When an assignment has a "standing call" and it is necessary to change it less than two and one half (2.5) hours, the crew must be given forty-eight (48) hours notice.
    2. Crews are not required to work a change in the starting time of an assignment if proper notice is not given and will not be subject to discipline. This does not prevent employees from accepting early calls if they so choose.
  3. Abolishing An Assignment
  4. Employees will be notified that an assignment will be discontinued as soon as the ARRC has knowledge that the job will no longer be needed.

  5. Called And Not Used
  6. When employees have been called to report to work at a specified time and the job is cancelled or no work is performed, they will be allowed a minimum of two (2) hours or actual time held at the applicable rate and remain first out. If called and released before leaving home or place called, no allowance will be made, except when called between the hours of 0200 and 0600, employees will be paid one hour at the applicable rate and remain first out.

  7. Call To Work Early

Crews with an assigned starting time called to report to work early may decline without being subject to discipline. This does not prevent employees from accepting early calls if they so choose.

  1. Working Multiple Jobs

Employees who are required to work multiple job classifications during the same shift will be compensated two (2) straight time hours at the highest rate of pay worked during that shift in addition to all earnings for that shift.

 

 

 

ARTICLE 16

LAYING OFF/REPORTING

 

  1. Granting Annual Leave/LWOP
  2. When Leave (Annual or LWOP) for personal purposes is requested with at least twenty four (24) hours advance notice, it will be granted on a first-come first-serve basis, subject to the operational needs of the ARRC. The Superintendent of Transportation may grant exceptional cases.

  3. Laying Off

  1. Regularly assigned employees laying off due to sickness must notify the appropriate official in sufficient time to call a replacement. Employees who desire to lay off for personal reasons may do so only when such absence is authorized in advance by the proper officer of the ARRC.
  2. Regularly assigned employees who have laid off will mark up for their regular assignment not less than two (2) hours in advance of their reporting time.
  3. An employee assigned to the Extra Board must give notice of laying off prior to being called for an assignment.

  1. Reporting for Duty

  1. Normally an employee will be called one and one-half (1.5) hours before time required to report for duty.
  2. Job assignments with a standing call time will not be called by the Crew Dispatcher, except to fill vacancies on the assignment.
  3. Employees called to respond to emergencies or to fill vacancies created by sickness, injury, or unknown circumstances will be required to report for duty promptly to minimize delay.
  4. Employees subject to a call to duty are responsible for obtaining means of communication to receive calls (i.e., telephone, cellular telephone, pager, etc.), and will keep the appropriate official advised as to their current telephone number or means of communication.
  5.  

  6. Employees have fifteen (15) minutes to respond to all calls, including calls to pagers or electronic message devices, from time of call before being considered as missing call, and the next employee in rotation will be called to fill the vacancy.

  1. Missed Call Policy

    1. Employees whose assignment requires a call to duty and subsequently fail to respond to that call to duty have missed call.
    2. Exception: It is not a Missed Call when an employee accepts a call to duty, and then voluntarily relinquishes the assignment to an employee who would otherwise be charged with a Missed Call. All other failures to respond to duty are Missed Calls.

    3. The following Disciplinary Schedule shall govern Missed Calls:
    4. First Offense--------------Notation of Oral Warning

      Second Offense-----------Letter of Reprimand

      Third Offense-------------Three (3) Days Suspension

      Fourth Offense------------Five (5) Days Suspension

      Fifth Offense--------------Dismissal from Service

    5. An employee not missing call for four (4) months after the First Offense will have employee’s record for purposes of the Missed Call Disciplinary Schedule adjusted back one (1) progressive step (i.e., no offenses).
    6. For every six (6) months an employee does not miss call at the Second, Third, or Fourth Offense the employee’s record, at that time, will be adjusted back one (1) progressive step.
    7. The Disciplinary Schedule governing Missed Calls is not subject to Article 45 (Grievance), Article 46, (Discipline), or Article 47 (Arbitration). An employee has no relief or recourse from the Missed Calls Disciplinary Schedule.
    8. Telephone, cellular phone, and pager equipment failures shall not constitute a Missed Call if documentation of failure is provided.
    9. Employees assigned to an Engineer's or Conductor's Extra Board who are not available when called for a Fireman's or Brakeman's vacancy, respectively, will not be shown as missing call unless the Fireman's or Brakeman's Extra Board is non-existent or exhausted.
    10. Employees will not be credited with more than one (1) missed call in any twenty four (24) hour period.

 

 

 

 

ARTICLE 17

ROAD SERVICE

    1. Definition

Road service is an assignment or job having a primary function, but not limited to, transporting commodities, passengers, or performing company work. Un-assignable company work performed in yard service zones may be called in yard service.

  1. Terminals

  1. Seward, Moose Pass, Whittier, Anchorage, Healy, and Fairbanks are defined as terminals for road service under this Agreement. Other locations may be terminals by agreement between the Superintendent of Transportation and the Union General Chairman.
  2. Anchorage or Fairbanks are home terminals for all assigned crews in company work service. Company work crews may be tied-up at points other than defined terminals provided the ARRC provides lodging in accordance with Article 21 "Away From Home Terminal".
    1. Rules
      1. Regular assigned crews may have standing or approximate call times.
      2. Crews going off duty at a far terminal will be considered tied up unless otherwise informed.
      3. Crews must be tied up upon completion of service at home terminals.
      4. Crews may not be placed on release at home terminals.
      5. Crews assigned to run to an intermediate point and exchange trains with another crew may be run to a point over or short of the bulletined turning point to prevent delay.
      6. Crews will be compensated for lost time if relieved short of bulletined final terminal or layover points if ample time remains under the provisions of the Hours of Service Act.
      7. When crews, assigned by bulletin to work from Healy to Fairbanks and back to Healy on each day of assignment, begin the southbound portion of their trip at any point south of Fairbanks, their pay for that shift or tour of duty will be a minimum of eight (8) straight time and four (4) overtime hours at the applicable road rate.
      8. Crews in company work service may perform incidental revenue freight service not to exceed the handling of five (5) cars per shift without penalty.

 

Terminal Work

  1. At initial terminals, three person crews (Conductor, Engineer, Brakeman) may be required to perform yard switching as needed. If such activities consumes enough time that the crew is not allowed to commence their trip the crew will be paid eight (8) hours at the applicable straight time rate in addition to all other earnings for the tour of duty. It is agreed that it is not the intent of this Rule to allow road crews to supplant yard crews.
  2. At final terminals, three person crews (Conductor, Engineer, Brakeman) may be required to perform yard switching as needed. It is agreed that it is not the intent of this rule to allow road crews to supplant yard crews.
  3. At initial and final terminals, company work crews may perform work as necessary to make-up and break-up their train.

  1. Uniformed passenger crews may be required to perform the following services at their initial, far, or final terminal:

    1. make up train
    2. handle train to depot/spot
    3. wye and/or put passenger equipment away
      1. Irregular Service

  1. Irregular Service assignments work road service jobs that are unpredictable and operate on a sporadic schedule, and may also perform work defined as yard service at Seward, Whittier, or Healy.
  2. Irregular Service jobs are assigned at the discretion of the ARRC.
  3. Irregular Service assignments will have Anchorage or Fairbanks home terminal.
  4. For Irregular Service the following conditions will apply:
    1. Five day assignments with two consecutive off days consisting of no less than 48 hours.
    2. Crews on Irregular Service assignments may be called for revenue or company service at any time during the five-day assignment.
    3. Irregular Service crews may be regulated on a weekly basis.

When more than one crew is working in irregular service the last crew to be assigned will be displaced.

    1. Rested Irregular Service crews are called on a rotary basis (i.e. first in, first out) at their home and far terminals. Crews not called in proper turn are paid four (4) hours at the applicable straight time road rate and retain their position in the crew rotation.
    2. Extra Board crews can be used when a crew in Irregular Service is first out and rested. The use of Extra Board crews will not cause a runaround premium to be paid to an assigned Irregular Service crew.
    3. Crews on Irregular Service assignments tied up at a far terminal may be required to work the return trip to their home terminal on one of their assigned days off and are paid at the straight time rate if they have not exceeded forty (40) straight time hours.
    4. Employees on Irregular Service assignments receive holiday pay in accordance with the rules governing holiday pay for regular assignments.

  1. Set-out/Pick-up
    1. For the purposes of this agreement, set-outs and pick-ups are defined as:

          1. A set out shall be defined as the placing of one or more cars from a train to another track. Crews making a single set out may be required to:

    1. set out a car or block of cars located behind another car or block of cars in the train;
    2. set out car(s) to more than one (1) track at a location due to track length;
    3. move a solid block of cars in order to make the set out.

          1. A pick up shall be defined as the addition of one or more cars to a train from another track(s). A crew making a single pick up may be required to:

      1. pick up a car or block of cars behind another car or block of cars in a single track;
      2. pick up first out cars from more than one (1) adjoining track (same ladder or lead) at the same location;
      3. move a solid block of cars in order to accomplish the pick up.

2. If a two person crew moves a car or block of cars and no set out or pick up has been made at that location, or if a two person crew loads a coal train, this will constitute one (1) move and shall go toward any limitations set forth in this agreement.

  1. All work is exclusive of setting out bad order cars from your own train. Picking up bad order cars will count towards any limitations set forth in this agreement.

 

Article 18

Yard/Hostling Service

  1. Definitions

  1. Yard Service is an assignment or job that operates within a Terminal and it’s respective Yard Service Zone, primarily, but not limited to the following duties:
    1. Delivery and pick-up of railcars from external and internal customers.
    2. Making-up and breaking-up trains.
    3. Relief of crews for Hours of Service.

  2. Hostling Service is an assignment or job that operates within a Terminal and it’s respective Yard Service Zone, primarily, but not limited to the following duties:
    1. Making-up and breaking-up locomotive consists.
    2. Roundhouse and shop switching.
    3. Servicing locomotives.
    4. Pick-up and delivery of locomotives.

  1. Terminals

  1. Seward, Moose Pass, Whittier, Anchorage, Healy, and Fairbanks are terminals for yard service. Other locations may be terminals by agreement between the Superintendent of Transportation and the Union General Chairman.
  2. Yard Service crews may be used within the following Terminals and their respective Yard Service Zones without penalty:

TERMINALS

YARD SERVICE ZONE

Seward

Between Seward and Moose Pass

Moose Pass

Between Moose Pass and Seward

Whittier

Between Whittier and Portage

Anchorage

Between Portage and Pittman

Healy

Between Oliver and Browne

Fairbanks

Between Fairbanks and Runyan Crossing (MP 422.7)

    1. Yard Service crews may go one (1) train length beyond the far switch of the limits to execute switching movements without penalty.
    2. Yard Service crews used outside the Yard Service Zones will receive eight (8) hours pay at the applicable straight time yard rate in addition to all other earnings for that day.

  1. Rules

  1. Yard Service crews may not supplant or restrict the earnings of Road Service crews except when operating conditions occasionally require.
  2. Assigned Yard Service crews will have a fixed starting time, except as may be agreed to by the Superintendent of Transportation and the Union General Chairman.
  3. Yard Service crews may perform company work service within the yard service zones if the duration of work to be performed does not require a regular assignment per the Bulletins and Assignments Article.
  4. Assigned Yard Service crews will be tied up at their home terminal only.

  1. Crews may not be placed on release at home terminals.
  2.  

    1. HOSTLING
      1. Hostlers and Hostler Helpers will be regularly assigned in Anchorage.

  1. A Hostler will be regularly assigned at Fairbanks. From September 15 through May 15, the Hostler position in Fairbanks may be relinquished when the Fairbanks Engineers Extra Board has a minimum of four (4) positions assigned. It is understood the hostling duties will continue to be performed by the Enginemen’s craft.

  1. Hostlers and Hostler Helpers will be paid at the Fireman's Yard rate of pay.

  1. Hostler and Hostler Helper assignments are bulletined and assigned in accordance with the rules governing yard assignments.
  2. Hostler and Hostler Helper assignments are assigned from the Engine service seniority list and are Fireman positions.
  3. Hostlers and Hostler Helpers perform switching in roundhouse and shop areas only. Hostlers will not perform switching at the car shop.
  4. Not withstanding this Article, or other Articles in this Agreement, Equipment Maintenance Specialists (EMS), will continue to perform work traditionally done by EMS’s in Fairbanks.

  1. Additional Anchorage Hostler Duties
    1. Hostlers may perform the duties listed below, provided there are at least five (5) assigned Anchorage yard jobs. The Hostler operating the locomotive must be an Engineer.

    1. Coaches may be moved to and from the Car Shop and the areas described below providing no switching is involved.

        1. Delivery and pick up of not more than three (3) pieces of passenger equipment (i.e. coaches, café lounges, diners, and baggage cars) to and from the appropriate arrival and departure areas between mp 110 and mp 118.
        2. Moving coaches to or from the Wheel Truing or General Repair shops.
          1. Moving cabooses as needed, provided no switching is involved.
            1. Hostlers may be required to perform testing of locomotives or RDC’s between MP 162 and Portage provided one Hostler is an Engineer and the other is a Conductor or Engineer.
              1. Each Hostler performing these additional duties will be paid promoted yard rate.

 

 

ARTICLE 19

EXTRA BOARD

 

    1. Extra Board Establishment & Regulation
      1. The ARRC has authority to establish Conductor, Brakeman, Engineer, and Fireman Extra Boards and establishes the number of positions without limitation.
      2. Extra Boards, except the Anchorage non-promoted Extra Boards, are assigned Extra Board service.
      3. Extra Board assignments are seven (7) days per week with no rest days.
      4. Extra Boards may be regulated on a weekly basis.
      5. When the ARRC reduces the number of employees on a regular assigned Extra Board, the least senior employee on that Extra Board is displaced with a full bump.
        1. Extra Board Calls
          1. Extra Board employees are called on a rotational basis (first in, first out), when rested, to fill vacancies on regular assignments and unassigned work under the following provisions:
            1. Employees are called in such order as to protect their respective board first.
            2. Employees must protect any non-promoted or promoted vacancies (when qualified) in their respective craft.
            3. When two (2) or more vacancies are called at the same time, off the same Extra Board, the employee first out will have first choice as to assignment subject to Paragraph B.1.a., above.
            4. Vacancies are filled off the Extra Board(s) of the craft of the vacancy until exhausted, and then as provided in Article 20.
            5.  

            6. Employees are called one and one-half (1.5) hours before time required to report for duty. Employees are required to report for duty at time specified. If unusual circumstances necessitate a shorter call period, employees are encouraged to report to work as soon as possible.
            7. Employees protecting a vacancy are governed by the rules of that assignment.
            8. Employees are paid at the rate of the vacancy protected or the rate of the board called from, whichever is greater.
            9. Employees not called in turn (run-around) are paid the difference between lost earnings and wages earned during the tour of duty of the assignment missed. Employees not called in turn maintain their standing on the Extra Board.
            10. Employees called to deadhead and protect a Healy or Seward home terminal assignment protect a specific vacancy instead of supplementing the Healy or Seward Extra Boards.
              1. Extra Board Miss Calls
                1. Employees failing to respond to a call covered by their respective Extra Board are subject to the Missed Call policy in Article 16, with the following provisions:
                  1. Employees are held off the Extra Board for twenty-four (24) hours from the time of the missed call unless accepting recall.
                  2. Employees forfeit sixteen (16) hours of Extra Board guarantee payment for each missed call, unless recalled.
                  3. Employees, who miss call and accept recall prior to the expiration of the twenty-four (24) hour period held off the Extra Board, do not forfeit any Extra Board guarantee.
                  4. Employees are marked up to the bottom of the Extra Board twenty-four hours after the time of the missed call.

    1. Extra Board Guarantee
      1. Employees protecting an Extra Board for a calendar day are guaranteed eight (8) hours pay at the applicable yard rate each day, subject to the weekly guarantee cap.
        1. A Calendar Day is 0001 hours through 2359 hours each day.
        2. A week for the purposes of Weekly Guarantee Cap is seven (7) consecutive days of the normal ARRC payroll beginning on Sunday at 0001 hours and ending the following Saturday at 2359 hours.
        3.  

        4. Weekly Guarantee Cap is the money equivalent of seven (7), eight (8) hour days at the applicable yard rate. Wages earned while in a pay status, layover and rest days, and days not on the Extra Board an entire Calendar Day are deducted from the Weekly Guarantee Cap, exclusive of holiday premiums, used off assignment premiums and grievance settlements.

  1. Employees laying off forfeit prior Extra Board guarantee earned in that week, except when:
    1. on administrative leave,
    2. on annual leave that has been requested seventy-two (72) hours in advance,
    3. on paid or unpaid sick leave, if less than forty (40) hours of paid or unpaid sick leave has been used in the current leave year,
    4. on Union leave,
    5. on jury duty leave,
    6. on military leave,
    7. exceptional cases are determined by the Superintendent of Transportation.
      1. Employees force assigned or displaced due to seniority standing do not forfeit prior Extra Board guarantee earned in that week.
      2. Employees displaced from an Extra Board retain guarantee for that Calendar Day, when upon notification of displacement, immediately place themselves to an Extra Board at the same terminal.
      3. Employees bidding off an Extra Board forfeit prior Extra Board guarantee earned that week, except when:
        1. bidding Extra Board to Extra Board at the same terminal,
        2. bidding an Extra Board at a different terminal provided travel is completed within the time allowed under the provisions of Article 11, Section E. If additional time to travel is granted, employees forfeit prior Extra Board guarantee.
          1. Extra Board Jurisdiction
            1. Extra Board crews operating trains into and back out of a terminal do not cause a runaround premium to be paid to Extra Board employees based at that terminal.
            2. Extra Board employees may not deadhead into and work a vacancy or assignment at Anchorage or Fairbanks terminal unless the applicable Extra Board(s) at that terminal are exhausted.
            3. Extra Board crews with a home terminal of Whittier, Moose Pass, or Seward cannot tie up at any terminal except their home terminal.
            4. Extra Board crews with home terminals other than Anchorage or Fairbanks may be placed on release at their home terminal when Extra Boards at those terminals are exhausted.

 

 

ARTICLE 20

USED OFF ASSIGNMENT

  1. Employees accepting a call to work on an off day, or employees who work in a craft or a job to which they are not assigned, are considered Used Off Assignment. However;
    1. Employees held on duty after completion of their normal workday to cover a different assignment are not considered Used Off Assignment.
    2. Employees working positions in the same craft, on the job assigned are not considered Used Off Assignment.
  1. Employees who are Used Off Assignment will be paid a premium of 50% of the applicable straight time hourly rate in addition to all other earnings for each hour worked while Used Off Assignment (eight (8) hour minimum).
  2. Employees accepting a call under the terms of this Article will be reimbursed for the difference in earnings (if any) if unable to work their normal assigned shift(s).
  3. Used Off Assignment premiums will not apply toward the calculation of guarantee payments.
  4. Employees who wish to receive Used Off Assignment calls must notify the Crew Dispatcher’s office each calendar month. Employees who provide notification are placed on a Used Off Assignment list and are called in seniority order (except as provided in H., below) with respect to their assigned craft and the craft of the vacancy.
  5. After the Extra Board(s) of the craft of the vacancy is exhausted, employees are solicited in the following sequence to fill Used Off Assignment vacancies.
    1. Employees assigned to the craft of the vacancy on the monthly Used Off Assignment list.
    2. Other Qualified employees excluding those assigned to the Extra Board.
    3. Qualified employees on the respective (promoted or non-promoted) Extra Board with the following provisions;
    1. The first dual-qualified employee contacted is required to accept the cross-craft call, and
    2. The employee initially contacted may request that another dual-qualified employee protecting the Extra Board is solicited for the assignment, and
    3. The employee initially contacted is required to report at call time unless relieved from that responsibility by the Crew Dispatch Office.
    1. Regular members of the crew qualified to work a cross-craft vacancy.
    2. Qualified employees on other assignments.
  1. The ARRC may offer calls out of sequence/seniority order when necessary to compensate for employees rest, schedule conflicts, or when within two (2) hours of on duty time.
  2. When the ARRC has exhausted all available means to find a Union employee willing to work a call, qualified employees outside of the bargaining unit may be utilized without penalty to the ARRC. It is not the intent of this rule to allow the ARRC to under staff Union employees.

 

ARTICLE 21

AWAY FROM HOME TERMINAL

 

        1. Lodging
        2. The ARRC will provide lodging for employees released from duty or tied up at locations other than their home terminal. Comfortable and sanitary single rooms are provided for each employee tied up. The ARRC will endeavor to provide rooms with private baths.

        3. Meal Allowance
        4. Employees tied up at an away from home terminal are paid a twelve dollar and fifty cent ($12.50) meal allowance at four (4) hours and again every eight (8) hours until reporting for duty.

        5. Automatically On Duty (AOD)
      1. Employees tied up away from their home terminal are allowed Automatically On Duty Pay (AOD) at the applicable hourly rate starting sixteen (16) hours after tie-up and continuing for eight (8) hours or until reporting for duty.
  1. Employees remaining tied up beyond twenty four (24) hours repeat the schedule established in C.1, above, for each twenty four (24) hour period so held.
  2. When employees report for duty AOD ends.

 

 

ARTICLE 22

DEADHEADING

 

  1. Employees deadheading on ARRC business will be compensated at the rate of service assigned with a minimum of eight (8) hours.
  2. Employees traveling due to voluntary or involuntary seniority moves are not eligible for deadhead payments.

  3. When deadheading on ARRC business and other than rail transportation is available, the ARRC may elect to utilize other modes of surface transportation or commercial air services.
  4. Except as otherwise provided for in this agreement, deadheading and service may be combined, and when combined, employees will be paid on a continuous time basis with a minimum of eight (8) hours for the combined service and deadheading. Overtime will apply to employees deadheading on ARRC business.
  5. Employees may, at their option, drive ARRC vehicles for company business within the following limits:
  6. Seward to Moose Pass

    Anchorage to MP 62.8

    Anchorage to MP 162

    Fairbanks to MP 422.6

    Fairbanks to H10 or G30

    The Union employee driving an ARRC vehicle beyond these limits at the request of the ARRC will be paid two (2) straight time hours in addition to all regular earnings for that shift or tour of duty.

  7. Employees who volunteer to drive their private vehicles in lieu of company furnished transportation while deadheading, will be paid the current rate allowed per mile as prescribed by the Internal Revenue Service.

 

 

ARTICLE 23

ISSUE OF EQUIPMENT AND FACILITIES

 

  1. The ARRC will issue keys and radios without cost to the employee. Lanterns will be made available at cost.
  2. The ARRC will provide batteries for issued radios and lanterns on a replacement basis without cost.
  3. The cost of replacing or repairing items issued by the ARRC will be borne by the employee if the item is lost, stolen, or damaged due to proven negligence or carelessness by the employee. Repayments for radios will be made at the depreciated value of the radio lost but not less than $100.
  4. Sanitary facilities (toilets, *shower and hand sinks) will be provided and maintained at Seward, **Moose Pass, Whittier, Anchorage, Healy, and Fairbanks terminals.
  5. Electrical outlets will be provided at terminals for employee motor homes, trailers or other appropriate temporary housing (Anchorage - force assignments to Anchorage only) when in compliance with the ARRC Camping Agreement. Electrical outlets will be provided at terminals for employee(s) personal vehicles when winter temperatures dictate.
  6. *Single "full height" lockers will be provided at Anchorage and Fairbanks. To the extent where they can be accommodated by existing buildings, lockers will also be provided at Whittier, Seward and Healy.

**Moose Pass will not be used as a home terminal until toilets, shower, hand sink, and electrical outlets are provided.

*Current facilities do not have to be remodeled to add showers or additional lockers if none exist at this time. If employees are moved into another facility, or the current facilities are remodeled they must be brought into compliance with this Article.

 

 

ARTICLE 24

UNIFORMS

 

        1. The Management of the ARRC has designated a passenger uniform to be worn by such employees as may be specified at all times while such employees are on duty. The ARRC will designate the sole provider of such uniform and it shall consist of the following:
          1. A black cap, with appropriate insignia, black coat, and black trousers.
          2. A white shirt with black four-in-hand tie.
          3. ANSI approved black dress boot.
            1. The employees will assume and pay the entire cost of shirts and neckties, as specified by the ARRC to be worn with such uniform.
            2. The ARRC will supply free of charge such insignia as employees may be required to wear upon such uniforms. Only insignias prescribed by the ARRC will be worn.
            3. The employee will assume and pay a sum equal to fifty (50) percent of the cost of up to two uniforms consisting of cap, coat, and trousers (two pairs, if desired) not to exceed one hundred fifty dollars ($150) per uniform, and the ARRC will assume and pay the balance of the cost of each suit. Employees will be eligible for reimbursement of uniforms once every three (3) years.

  1. The ARRC will pre-pay 100% of the eligible cost of the uniform and deduct the employee’s portion over eight (8) pay periods.
  2. The ARRC will provide a pair of ANSI approved black dress boots (not to exceed $200) for Conductors and Brakeman qualified in Passenger Service.
  3. Employees who are disqualified from employment during the probationary period will be reimbursed for any deductions under Paragraph D.1. above.
    1. The ARRC expects employees to keep their uniforms properly cleaned and neatly pressed at all times and will pay five dollars ($5.00) each day the employee works in Passenger Service to offset the cleaning cost. The ARRC will pay for the cleaning and repair of a uniform if dirtied or damaged while performing unusual work in Passenger Service.
    2. It is agreed that in cases where a uniform or any portion thereof is lost, stolen, damaged, or destroyed as a result of carelessness on the part of employees, employees will repair such damage or replace such uniform at their own expense.
    3. Employees will be required to purchase a uniform within ten (10) days of their seniority date.
    4. Employees who have not adhered to E and G above will be subject to miss call and the miss call policy.

 

 

ARTICLE 25

MEAL PERIODS

 

  1. Yard & Hostling Service Meals

  1. Employees in hostling or yard service are allowed one (1), twenty (20) minute meal period per shift without deductions. The meal period will be between four (4) and six (6) hours from start of shift.
  2. If no meal period is provided within the time limits specified above, affected crews will be paid forty-five (45) minutes straight time in addition to their regular earnings for that shift. This rule does not prevent employees from having their meal period.
  3. The ARRC will provide transportation in order for yard or hostling crews to eat their meal. This transportation will be provided between the fourth and sixth hour after start of the shift with a minimum of one-hour notification by the crew.
  4.  

    1. Road Service Meals

Inbound road crews arriving at Anchorage and Fairbanks who are required to perform yard switching and have been on duty five (5) hours and forty (40) minutes or more, are allowed one (1), twenty (20) minute meal period prior to switching. If this meal period is not provided, road crews will be paid forty-five (45) minutes straight time in addition to their regular earnings for that shift. The intent of this Paragraph is to allow a road crew to have a meal period prior to switching provided it does not cause a delay to an outbound train.

 

 

ARTICLE 26

RELOCATION ALLOWANCES

 

  1. Employees who bid or are force assigned from one terminal to another will be allowed a box car for free-bill movement of personal and household goods. Such employees will also be allowed free-bill movements of a flatcar to move personal vehicles.
  2. Per Diem Payments
    1. To be eligible for per diem employees must designate a home terminal of Anchorage or Fairbanks in writing with the office of the Chief Crew Dispatcher. Once per diem is claimed an employee cannot change their home terminal in that measurement year.
    2. For the purposes of this Article a measurement year is June 1 through May 31.

    3. Employees who cannot hold an assignment at their designated home terminal, or who are forced away from their designated home terminal will be considered forced assigned and will receive per diem of $25.00 for a maximum of 180 days per measurement year or a maximum of 180 days per single force assignment. Anchorage Brakeman and Fireman Extra Boards are assignments for the purpose of this article.
    4. Employees receiving per diem must bid on any job they are qualified for at their designated home terminal. If a lower seniority employee is awarded a bid or an assignment closes with "No Bids" at the forced employee’s designated home terminal, the ARRC will no longer be required to provide per diem. Promoted employees forced to promoted positions are not required to bid back to non-promoted assignments.
    5. When requested by an employee in writing, and at the discretion of the Chief Crew Dispatcher, employees may be temporarily exempted from Section 3., above, to facilitate assignment stability.
    6. While receiving per diem dual qualified employees must bid on any transfer of craft vacancy that would allow them to hold an assignment at their designated home terminal.
    7. After being awarded a bid, or exercising seniority back to a designated home terminal, per diem payments will continue until employees are released. Employees released to their home terminal after 1200 hours will receive an additional day of per diem.
    8. Once employees are force assigned or forced to exercise seniority away from their designated home terminal, they may bid to other assignments within the terminal forced to or any other terminal (except their designated home terminal) and remain eligible for per diem.
    9. References to home terminals in this Article are for the purposes of per diem payments only.
    10. The reference to per diem in this Article is not applicable to any other Article in this agreement.

 

 

ARTICLE 27

TRAVEL AND REIMBURSEMENT

 

  1. When required to travel away from the ARRC, employees will be paid actual expenses not to exceed thirty five dollars ($35.00) per calendar day for meals; receipts required. Lodging facilities will be provided by the ARRC or payment for lodging authorized by the ARRC will be reimbursed.
  2. ARRC will provide transportation required as part of job assignment.

 

 

ARTICLE 28

HOLIDAYS

  1. Paid Holidays:

1. New Year’s Day

2. President’s Day, third Monday in February

  1. Memorial Day, last Monday in May
  2. Independence Day
  3. Labor Day, first Monday in September
  4. Columbus Day, second Monday in October
  5. Veteran’s Day
  6. Thanksgiving Day, fourth Thursday in November
  7. Day after Thanksgiving
  8. Christmas Day

  1. Employees working a paid holiday will receive holiday pay in addition to the regular pay for the time worked.
  2. When a paid holiday falls on an assigned off day the employee must be in a pay status the last regular assigned day prior to the holiday and the next regular assigned day following the holiday to receive holiday pay, except in Paragraph D below.
  3. Employees called from the Extra Board to protect a vacancy on a regular assigned job are entitled to holiday pay in accordance with the assignment of the regular crew, or when called for and perform work on the calendar day of the holiday.
  4. Extra board employees who are required to be available to accept calls on a holiday will receive eight (8) paid holiday hours in addition to weekly guarantee payments.
  5. Employees assigned to an Extra Board who are not required to be available to accept calls on a holiday will receive eight (8) paid holiday hours toward Extra Board guarantee cap.
  6. Employees will be notified in writing forty-eight (48) hours before the holiday if they are not to work. Exception: Employees assigned to an Extra Board will be given twelve (12) hours notice if they are not required to accept calls on the holiday.
  7. If the ARRC does not require some or all employees assigned to an Extra Board to be available to accept calls on the holiday, the employees will be given first right of refusal in seniority order to remain on the Extra Board to the extent possible.
  8. If the holiday falls on an employee’s first regularly scheduled day off, it will be on the preceding day. If the holiday falls on any other regularly scheduled day off, it will be on the following regular assigned day. The Union and the ARRC may agree to an alternate day.
  9. When a paid holiday falls within an employee’s paid leave period of three (3) or more days, the employee will not be charged leave for that day and will receive holiday pay.
  10. An employee shall not be laid off solely to avoid payment of a holiday.
  11. An employee can receive only one holiday premium pay per holiday.

 

 

ARTICLE 29

PROMOTION AND QUALIFICATION

 

  1. Conductor/Engineer Promotion & Brakeman/Fireman Qualification

    1. Promotion to Conductor and Fireman qualification is required of Brakemen not later than thirty-six (36) cumulative months of Train or Engine service with the ARRC if hired after December 24, 1995.
    2. Promotion to Engineer is required of dual qualified employees not later than forty-eight (48) cumulative months of Train or Engine service with the ARRC, subject to training capacity. Promoted Engineers will be qualified on all ARRC track subject to Article 30, Section C.
    3. Brakemen trainees must be qualified as Brakemen within thirty (30) days of hire except when extended by agreement between the ARRC and Union General Chairman.

  1. Conditions

      1. Employees are required to accept training, qualification, and promotion in seniority order.
      2. Prior to the start of a promotion class, employees are afforded a minimum of thirty (30) and maximum of forty-five (45) days telephonic notice. A written follow-up notice will be provided within one week of initial notification.
      3. The ARRC may require examinations in conjunction with training.
      4. Employees in training, except student Brakeman, who have failed a required training examination suffer no loss of seniority and are given a second opportunity to pass the examination. A second examination will be taken not less than sixty (60) calendar days after failure of the first examination. If an employee fails the on-the-job training examination the second time, they are terminated.
      5. Student Brakemen may be terminated without recourse for failing an examination.
      6. Newly promoted/qualified employees are placed on the applicable seniority roster in accordance with Article 9, "Seniority".
      7. After the effective date of this Agreement no Train or Engine Service employee will runaround any other Train or Engine Service employee with respect to seniority, except as provided in Article 9.D.5.
      8. Compensation while in classroom training is the Anchorage non-promoted yard rate. Compensation while receiving on-the-job training is the applicable (road or yard) non-promoted rate.
      9. Conductors, Brakemen, Engineers and Firemen will provide on-the-job training in conjunction with other ARRC employees.
      10. Unless otherwise agreed by the Union General Chairman the following limitations apply to on-the-job training:
        1. Yard crews will have no more than one (1) trainee per shift
        2. Hostlers may have no more than two (2) trainees per shift.
        3. Road crews may have no more than one (1) trainee per craft per shift.

  1. Trainers receive additional compensation as follows:
    1. Conductors are compensated an additional $1.50 per hour for on-thejob training of student Conductors.
    2. Engineers are compensated an additional $1.50 per hour for on-the-job training of student Engineers.
    3. Crews responsible for on-the-job training of student Brakemen are compensated an additional $1.50 per hour per student divided equally per crewmember.
    4. When two (2) student hostlers are receiving on-the-job training each Hostler is compensated an additional $1.50 per hour. When one (1) student hostler is receiving on-the-job training each Hostler is compensated an additional $.75 per hour.
    5. Group training with mutually agreed upon crews (example: Ft. Richardson Classification Yard) are exempt from training pay.

  1. Employees conducting on-the-job training are not relieved of their responsibility for safe operations, but they are not held responsible for damage to equipment and/or property caused by trainees' judgment decisions in the performance of work.
  2. Employees, except student Brakeman, participating in a training program, are provided with appropriate lodging (with kitchens & on-site laundry when available) when assigned away from their permanent residence. Per Diem may be substituted upon agreement between the ARRC and the Union General Chairman. Such employees are considered as away from home and receive meal allowances as provided in Article 21, "Away From Home Terminal".

 

 

ARTICLE 30

TRAINING, QUALIFYING, AND EXAMS

 

  1. Exams & Physicals
    1. Trainmen and enginemen must be conversant with Operating Rules and Special Instructions in order to meet the requirements of the ARRC and will be required to pass a biennial written and oral reexamination and the required physical examination to remain in Train and Engine Service.
    2. A Train or Engine Service employee required by the ARRC to take rules or physical examination(s) will be paid eight (8) hours at the applicable straight time rate, except when a first-out employee is held off an Extra Board, the employee will be paid not less than what the employee would have earned if the employee had been called in turn.
    3. Employees in assigned road service scheduled to work four (4) days per week may be required to take their biennial rules and physical examinations on a scheduled off day. It is understood that employees in assigned road/yard service will suffer no loss of compensation if held off their assignment to take a rules or physical examination(s).
    4. Employees on extended absences during which changes in Operating Rules and/or Special Instructions were initiated will be subject to an oral reexamination prior to returning to duty. Employees will not be held out of service pending the results of a urinalysis. This does not apply to pre-employment physical examinations.
    5. Impromptu oral examinations may be given at any time to insure the employee has knowledge of, and is conversant with, current Operating Rules and Special Instructions as prescribed by Rule 1.3.1. Failure to pass oral examinations will result in effecting notice of biennial and oral reexamination of Operating Rules and Special Instructions consistent with the provisions applicable to routine biennial reexamination.
    6. Employees will be afforded a minimum of thirty (30) days and a maximum of forty-five (45) days advanced telephonic notice of the date of biennial reexamination. A written follow-up notice will be provided within one week of the initial notification. Employees failing to pass the required examination on the first attempt will be given a second opportunity to demonstrate their ability to pass reexamination. The examination will be taken not less than thirty (30) days after notice of failure to pass the first examination.
    7. The employee's failure to pass satisfactorily a written and oral examination on the second attempt shall constitute failure to meet the requirements of the ARRC, and the employee will be terminated without recourse to the grievance procedure.
  2. Technological Changes
  3. The ARRC agrees that, when technological changes take place that require additional knowledge and/or skills on the part of employees, affected employees with seniority to work the available positions will be given the opportunity to acquire the knowledge and skills. These employees will be used when new devices are utilized.

  4. Portage/Seward Qualification
  1. All Engineers, except those assigned to Healy or Fairbanks, must be Portage/Seward qualified.
  2. To the extent necessary, between September 15 and April 30, each export coal train operated between Portage and Seward will have an engine service employee called for the purpose of obtaining Portage/Seward qualification.
  3. Employees who are runaround due to lack of Portage/Seward qualification will suffer no loss of earnings for that tour of duty.
  4. The order for qualifying employees is as follows:
    1. Employees working an assignment which requires Portage/Seward qualification.
    2. Employees assigned to the Anchorage Engineer Extra Board
    3. All remaining Engineers.

 

 

ARTICLE 31

LAYOFF AND RECALL

 

  1. Notification

1. The parties recognize that there are fluctuations in the activities of the ARRC. The staffing requirements vary with the activities. To accommodate these fluctuations, the ARRC will adjust the staffing requirements.

      1. In cases of unforeseen curtailment of activities, employees may be laid off without advance notice.
      2. For customary layoffs associated with business fluctuations or seasonal work, at least five (5) calendar days notice will be provided to the Union.
      3. For layoffs not covered under 1.a.& b. above, at least thirty (30) calendar days notice will be provided to the Union.
        1. Layoff Procedures

  1. Employees who have completed their probationary period will be laid off on the basis of their seniority as provided in the Seniority Article.
  2. At layoff the ARRC will give the employee a standardized form. On this form the employee will provide a mailing address and a maximum of two (2) telephone numbers, and whether the employee wants to be recalled in seniority order, or inverse seniority order for Long Term Recall. The employee must also indicate whether or not they want to be included on the Short Term Recall list. The ARRC will use only the information on this form for potential recalls. The laid-off employee may change the information on the form at any time with written notice (e.g., facsimile, e-mail, or U.S. post) to the Chief Crew Dispatcher. Failure on the part of the employee to maintain accurate contact information may result in loss of seniority and recall rights.
  3. When an employee is laid off, the ARRC will assure that the employee is returned to the employee's home station or place of processing, whichever is appropriate to the employee, without cost to the employee for the employee's transportation. Laid off employees will be reimbursed at the applicable mileage rate.
  4.  

    1. Voluntary Layoff

The ARRC will offer voluntary layoff in conjunction with work force reductions. The ARRC will offer voluntary layoff in seniority order to the most senior employee(s) first.

  1. Recall Procedures

Employees who have completed their probationary period and are on layoff will be placed on the Short Term recall list unless they state in writing that such consideration is not desired. Employees on recall lists will be recalled in accordance with the following:

  1. Long Term Recall

If recall is for a position that is anticipated to last over thirty (30) calendar days, the following recall procedure will apply:

    1. Recall notice will be a concurrent telephone call(s) and certified letter to the employee’s contact information of record. The certified letter will be return receipt requested and contain confirmation of the telephone call(s), including date, time and number(s) called, and particulars about returning to work. Only one attempt will be made to contact the employee. If telephone contact is unsuccessful and certified mail is undeliverable it will result in loss of seniority and recall rights with the ARRC. The Union will be notified of this transaction.
    2. A laid off employee must notify the Chief Crew Dispatcher within seventy two (72) hours after receipt of recall notice and inform the ARRC when the employee will be available for processing. Third party communication does not constitute notification. The employee must report to work within seven (7) calendar days after receipt of recall notice or the date specified therein, whichever is later, unless excused by a verified medical reason. Employees out of state or currently employed by other than the ARRC will have up to fourteen (14) calendar days after receipt of recall notice or the date specified therein, whichever is later, to report for work. Failure to comply with the provision of this subsection will result in loss of seniority and recall rights with the ARRC.
    3. Employees called back to fill a full time vacancy over thirty (30) calendar days will be guaranteed 176 hours work or 176 hours pay in the first thirty (30) calendar days in lieu of work, subject to A.1. of this Article.
    4. Employees on layoff will be recalled in seniority order, or inverse seniority order, depending on the preference selected at time of layoff. Preference may be changed with written notice (e.g. fax, e-mail, or U.S. post).
    5. As a minimum, employee(s) on voluntary layoff will be offered recall once a year during the period May 1 through June 1 of each calendar year.
    6. Dual qualified employees will be recalled in the craft they occupied prior to the layoff.
    7. If a craft transfer bid was awarded to a junior employee, employees recalled will select craft preference prior to marking up.
      1. Short Term Recall

          1. Short term recall will be used for assignments of thirty (30) calendar days, or less, with an option for an additional fifteen days.
          2. Employees will be informed of the anticipated duration of the assignment at time of recall.
          3. Recall notification will be offered in seniority order by telephoning employees at the telephone number(s) on the short-term recall list.
          4. Given the above information, the employee must elect to accept or reject the recall at the time of the recall.
          5. Employees accepting short term recall assignments will be guaranteed a minimum of forty (40) hours pay unless a lesser amount is specified in the recall notice. In no case shall the employee be paid less than eight (8) hours per day.
          6. Employees who could not be contacted for a particular short term recall, or those who reject the offer, will lose their recall rights for that particular short-term recall.
          7. Failure to accept a short-term recall will not result in the loss of seniority or future recall rights.
          8. Dual qualified employees may be offered short-term recall in either craft.

 

 

ARTICLE 32

SEVERANCE PAY

 

  1. An employee with five (5) years and less than ten (10) years of cumulative active service with the ARR and/or ARRC shall become eligible for severance pay after:

  1. Having been laid off under A.1.c. of the Lay-off and Recall Article and;
  2. Having not been offered another full-time position with the ARRC with a pay rate equal to at least eighty (80) percent of the pay rate of the position from which originally severed, and;
  3. Having renounced all recall, rehire, and seniority rights under the terms of D. below, and;
  4. Is not eligible for retirement at the time of application for severance pay.

  1. An employee with ten (10) years, or more, of cumulative active service with the ARR and/or ARRC shall become eligible for severance pay after:

  1. Having been laid off under A.1.b. or A.1.c. of the Lay-off and Recall Article, and;
  2. Having renounced all recall, rehire, and seniority rights under the terms of D. below, and;
  3. Is not eligible for retirement at the time of application for severance pay.

  1. Years of service with the ARR and the ARRC will be included for the computation and determination of eligibility for severance pay.
  2. An employee who is eligible for severance pay under the terms of A. or B. above will have up to thirty six (36) months from the date of lay-off to renounce all recall, rehire, and seniority rights and commence receiving severance pay.
  3. An eligible employee electing severance pay will be paid as follows:

  1. Seven and one/half (7.5) weeks pay for the first five (5) years of cumulative active service, one (1) weeks pay for each year of cumulative active service from the sixth (6) year through the tenth (10) year, and two (2) weeks pay for each year of cumulative active service beyond ten (10) years;
  2. One (1) weeks pay will be forty (40) straight time hours at the highest regular rate paid to the eligible employee in the last twelve (12) months prior to lay-off.
  3. Employees will have the option of bi-weekly payments or lump sum payments.

  1. Exit Incentive
    1. An exit incentive termination payment may, at the ARRC’s sole discretion, be offered to regular active employees in the following circumstances:

      1. Situations in which the ARRC seeks to induce the employee(s) to voluntarily leave the payroll; or
      2. Situations in which the ARRC seeks volunteers in lieu of layoff.

    1. The provisions of Exit Incentive will never apply to:
      1. An employee resigning or retiring from the ARRC voluntarily without inducement by the ARRC;
      2. An employee in any form of leave status;
      3. An employee who has terminated, or termination is pending.

  1. Exit Incentives are determined and administered in the same manner as Severance Pay.
  2. As a condition of receiving an Exit Incentive the employee(s) must renounce all recall, rehire, and seniority rights prior to receiving an Exit Incentive.
  3.  

    ARTICLE 33

    LEAVE RATE OF PAY

     

    A. RATE OF PAY

        1. The hourly rate for holiday pay, except for those employees assigned to the Extra Board, will be a basic day at the rate of the class and craft of service assigned, divided by eight.
        2. The hourly rate for all paid annual, sick, jury duty, Union, and military leave will be the employee's earnings for the previous leave year credited for ARRC Pension Plan or Federal Civil Service Retirement Plan purposes divided by the previous leave year subject-to-retirement hours or the employee's straight time rate of the last job worked, whichever is greater.

B. LEAVE ACCRUAL

1. Base hours for the computation of annual leave and sick leave accruals shall include all hours worked, holiday hours, all annual, paid sick, jury duty, administrative, Union, and military leave hours. Eighty (80) hours is established as the maximum number of base hours an employee may earn per bi-weekly pay period.

  1. Employees in active service and available for work, who do not work forty (40) base hours in a week, and are not in any type of nonpay status (LWOP, SWOP, LOA, or AWOL) during that week, and who comply with the provisions of this Agreement, will be credited forty (40) base hours for leave accrual purposes for that week, including the following:

a. displaced employees who subsequently mark up on a job but are unable to work due to scheduling;

    1. employees deadheading without pay under the Exercising Seniority Article;
    2. employees assigned to and marked up on an Extra Board or irregular service and not worked;

d. employees assigned to jobs with less than forty (40) straight time hours;

      1. Cases not identified above may be covered by special agreement between the ARRC and the Union.

  1. Calculation of base hours in B1 and B2 above will be adjusted to include pay transaction corrections.

 

 

ARTICLE 34

ANNUAL LEAVE

 

  1. ACCRUAL

  1. Service time for annual leave accrual will be calculated from the following dates:

    1. leave accrual date as converted from service computation date under the 1987 Master Agreement, or
    2. Date of hire.

  1. Time on "lay-off" or while terminated (if reinstated) will not be used in the calculation of service time for leave accrual. Rehired probationary employees terminated for lack of work will be considered reinstated.
  2. Employees who resign, retire, or who are terminated for cause, and are subsequently rehired will have a new hire date for service time calculations.
  3. Annual leave accrual shall be at the accrual rate per pay period shown below multiplied by the percentage of base hours (as defined in the Leave Rate of Pay Article) recorded for that pay period. The percentage is calculated by dividing the number of base hours for that pay period by eighty (80). The results shall be extended to tenths of an hour.

Accrual Rate per Pay Period Service Time in Years

4 hours 0-3

6 hours* 3-15

8 hours 15 and over

* except 10 hours on the 25th pay period

 

  1. CARRYOVER

  1. Employees shall be allowed to carry over a maximum of 256 hours of annual leave from year to year; the leave year and the tax year shall coincide.
  2. If an employee, through no fault of the employee, exceeds the carryover limits, the ARRC shall restore the excess carryover to the employee's account or, at the employee's request, be cashed out for the amount of annual leave in excess of 256 hours.

  1. SCHEDULING

  1. Management has the responsibility for the planning and effective scheduling of annual leave for use through the leave year.
  2. Annual leave is provided and used for two general purposes:

    1. to allow every employee an annual vacation period of extended leave for rest and recreation;
    2. to provide periods of time off for personal purposes.

  1. Seniority in applicable seniority department shall be the determining factor in scheduling the leave.
  2. The vacation schedule will be posted by February 1 of each year. In cases of emergencies, exceptions to the schedule will be made.
  3. Employees will not be allowed to cancel leave which has been approved on the vacation schedule except as reflected below:

    1. Approved vacation of fourteen (14) days or more may be cancelled by providing a thirty (30) day written notice prior to the start of the vacation.
    2. Approved vacation of less than fourteen (14) days may be cancelled by providing a fourteen (14) day written notice prior to the start of the vacation.
    3. Employees whose requested and approved leave starts within thirty (30) days (see a. above) or fourteen (14) days (see b. above) of the posting of the approved vacation schedule must give written notice of cancellation; however, they will not be required to meet the notice requirements provided in a. or b. above.
    4. Approved leave not included on the vacation schedule may be cancelled without written notification. However, employees are encouraged to provide notification as early as possible to allow other employees to access leave.

  1. Annual leave may be used to extend sick leave when an employee's sick leave balance has been exhausted.
  2. Annual leave shall be charged in hourly increments.

  1. ANNUAL LEAVE ADVANCEMENT
  2. Annual leave may be advanced to the employee, for leave purposes only, up to the amount that the employee will accrue in the remainder of that leave year.

  3. CANCELLATION OF ANNUAL LEAVE
  4. The ARRC shall reimburse any out-of-pocket expenses that would be caused by an employee's annual leave being canceled or modified by the ARRC, providing the employee notifies the ARRC at the time the vacation is to be canceled or modified.

  5. LUMP SUM ANNUAL LEAVE PAYMENT

  1. In the event of layoff or separation, an employee shall receive a lump sum payment for any unused annual leave balance as of the last regularly processed payroll. Such payment will be made within three (3) days unless otherwise provided on Pay Option Election Form. For layoffs, accruals for any additional time will be paid on the next regularly processed payroll.
    1. Separation payments will be made in accordance with applicable state law.
    2. Effective on the twenty-third pay period of each year, subject to the availability of cash as forecast by the ARRC, employees with a minimum balance of eighty (80) hours of annual leave at the time of request may request a cash out of up to forty (40) hours of annual leave. Employees requesting a cash out of annual leave under this section must submit a written request to Payroll. Requests must be received no later than 1700 hours on the last working day in the twenty-second pay period. (The provisions of Paragraph B.2. do not apply to employee(s) in a use or lose situation as a result of non availability of cash).

 

ARTICLE 35

SICK LEAVE

 

  1. Use Of
    1. An employee who is to be absent for any reason shall promptly notify his or her supervisor, or supervisor’s designee, with the reason for the absence and its probable duration. Failure to do so may result in disciplinary action.
    2. It is the employee’s obligation to substantiate use of sick leave if requested to do so by a supervisor. Sick leave is for use only in the following circumstances:
      1. Illness or non-occupational injury
      2. Dental, optical, or medical examination or treatment
      3. Paternity for maternity related disability situations.

  2. ACCRUAL

    1. Sick leave accrual shall be at the rate of four (4) hours per pay period multiplied by the percentage of base hours (as defined in the Leave Rate of Pay Article) recorded for that pay period. The percentage is calculated by dividing the number of base hours for that pay period by eighty (80). The results shall be extended to tenths of an hour.

  1. Unused sick leave hours will accumulate without limit.

  1. RETIREMENT

      1. For employees retiring under the provisions of the ARRC Pension Plan, accumulated sick leave will be added to the employee's benefit service. Employees will be credited for all accumulated sick leave at the rate of 174 hours per credited month.
      2. Accumulated sick leave for employees retiring under the provisions of the Federal Civil Service Retirement Plan will be governed by the provisions of that plan.
        1. SICK PAY
          1. Advanced sick leave hours may be granted for seriously ill or injured employees. A maximum of 240 hours may be advanced when there is a reasonable expectation that the employee will return to work and will be able to earn the hours advanced.
          2. Sick leave hours shall be charged in one hour increments.
          3. Sick leave balance used for D.4, D.5, and D.6 will be the balances of sick leave established at the close of the most recent pay period.
          4. Employees with a sick leave balance of 500 hours or more will be paid for all sick leave used up to but not exceeding their sick leave balance.
          5. Employees with a sick leave balance of 208-499 hours will be paid for all sick leave used, excluding the first day of each occurrence (except in D.8) up to but not exceeding their sick leave balance.
          6. Employees with sick leave balance of 207 hours or less will be paid for all sick leave used, excluding the first two days of each occurrence (except in D.8), up to but not exceeding their sick leave balances.
          7. First day(s) unpaid leave under D.5 and D.6 will be recorded as sick leave without pay.
          8. Employees will be paid sick leave from the first day of hospitalization and recovery or outpatient surgery where at least four (4) hours of observation is required, up to but not exceeding their sick leave balance.
          9. Employees with fewer than 5 years of cumulative service will be allowed access to annual leave in lieu of sick leave as described in D.5 and D.6, provided they furnish doctor's verification.

 

 

ARTICLE 36

UNION LEAVE

 

  1. Union/Management meetings for grievances, hearings, and arbitrations shall be arranged so as to have as little working time lost as possible.

  1. If a Union representative must investigate an alleged grievance for processing at Steps 1 and 2 of the grievance procedure, the Union representative must request permission from the appropriate supervisor prior to such investigation.

    1. The supervisor will cooperate with the Union representative in arranging the necessary time for the investigation. It is understood that operational needs will influence when the investigation will be permitted.
    2. If the investigation requires that the Union representative conduct the investigation at another location, the supervisor at that location will be notified to arrange an appropriate time to conduct the investigation.

  1. Union representatives will clock out during the time they are discussing, presenting, or investigating grievances at step 3 and subsequent steps of the Grievance Procedure.
  2. At all hearings or meetings called or requested by the ARRC, a Union representative, grievant(s), and necessary witnesses shall attend with no loss of compensation.
  3. There shall be a sufficient number of designated Union representatives in each department for purposes of handling grievances and disputes.

  1. Witnesses called by the Union at step 3 and subsequent steps of the Grievance Procedure will be granted leave without pay or reimbursed Union leave to participate in the hearings.
  2. Union representatives may be granted leave (LWOP, reimbursed Union leave, or annual leave) to attend Union related functions and, subject to operational consideration, will be granted leave without pay or reimbursed Union leave to attend ARRC Board of Directors meetings. Upon request, the Union will be provided a copy of the minutes of the Board of Directors meetings.
  3. The ARRC will pay the wages for a Union representative to participate in negotiations (including preparation) on this Agreement. Allowable hours will be actual time spent but not exceeding eight (8) hours per day, and no overtime will be allowed. Payment for allowable hours up to and including the first 173 hours will be at the appropriate rate as defined in this Agreement. Payment for time beyond the first 173 hours will be for one half (1/2) the allowable hours at the appropriate rate. The Union representative being paid for one-half (1/2) of the hours will be granted leave (LWOP, reimbursed Union Leave or annual leave) for the remaining hours. Additional Union negotiators will be granted leave (LWOP, reimbursed Union Leave or annual leave) to participate in negotiations. During negotiations, other benefits provided for in the Agreement shall continue.

    1. Whenever negotiations are at the stage that the representatives are no longer needed at negotiations, they will be released by mutual agreement of the Chief Spokesperson for the Union and the Chief Spokesperson for Management.
    2. Released employees shall be allowed to return to work, upon notification to their supervisor, where seniority permits.

  1. The ARRC agrees that authorized non-employee Union officials, upon request to the labor relations office, will be granted access to the ARRC premises for the purpose of representing the Union on issues relating to terms and conditions of employment.
  2. Employees accepting full-time employment with the Union, locally or internationally, shall be granted an indefinite leave of absence by the ARRC. An employee on leave of absence for this purpose shall accrue seniority and retain such seniority and other benefits granted employees under this Agreement, exclusive of health insurance, life insurance, sick leave, annual leave, and pension plan.
  3. Employees accepting an extended leave of absence under this Article shall have the option of continuing under their present health insurance and life insurance by compensating the ARRC for both the employee and ARRC contributions to such plans. Such employees shall have the option of continuing in their present pension plan subject to applicable pension laws and regulations.
  4. Employees covered by this Agreement shall, upon returning from the authorized leave of absence or extension thereof, be returned to the position their seniority allows.
  5. Reimbursed Union Leave - Designated employees on official union business may be paid by ARRC and the Union will reimburse ARRC for wages, benefits, etc. The Union will provide ARRC with lists of employees who will be paid reimbursed Union leave under this paragraph. The ARRC will prepare an invoice each affected pay period. The amount billed will include earnings, allocated benefits (including, but not limited to, retirement, insurance, FICA, unemployment, and workers compensation), an allocation for annual leave and sick leave, and a 2% administration fee (subject to change). The leave allocation will be calculated as follows: (number of hours reimbursed Union leave/80) X (rate X number of hours leave accrued during the pay period). If payment is not received within 30 days of billing, ARRC reserves the right to deduct the invoice from the biweekly Union dues payment collected from the Union members and forward to the Union.

 

 

 

ARTICLE 37

MILITARY LEAVE

 

  1. Employees enlisting or drafted for one tour of duty in any branch of the United States Armed Forces shall retain their respective seniority status when they return, or what is provided by law.
  2. Employees who are members of the National Guard or reserve components of the Armed Forces will be granted military leave up to a maximum of fifteen (15) calendar days per year upon presentation of competent orders.
  3. The dollar amount of base pay received from the Armed Forces, in B above, will be deducted from the employee's military leave paid by the ARRC. A W-2 form or letter stating the base pay earned and signed by an Armed Forces financial officer is acceptable verification and must be presented to the ARRC on the employee's first day of return to work.

 

 

ARTICLE 38

JURY DUTY LEAVE

 

  1. Employees must notify the office of Chief Crew Dispatcher as soon as the summons for Jury duty has been received. Jury duty leave requests must be supported by a copy of the Court Order or subpoena.
  2. Employees properly summoned for jury duty shall be granted Administrative leave for the time necessary to perform jury duty. Employees will inform the ARRC of the duration of service when known.
  3. Employees shall be released for jury duty except in cases of hardship to the ARRC. In such cases, a request by the ARRC may be made to the court to excuse the employee and postpone the summons.
  4. Employees granted administrative leave for jury duty will have no less than eight (8) hours rest before and after completion of jury duty. Rest will begin at time released from jury duty.

    1. Employees must confirm time released from jury duty with the office of the Crew Dispatcher within one hour of time released.
    2. Employees are required to attach to the administrative leave claim a statement from the Court Clerk showing the date and time released from jury duty.

  1. Employees may keep all fees and allowances received from the court.

 

 

ARTICLE 39

LWOP/LEAVES OF ABSENCE

 

  1. Leave Without Pay (LWOP) is a temporary nonpay approved absence from work not exceeding thirty (30) calendar days.

      1. The employee must request and have approved the LWOP in advance. Exceptional cases will be handled on an individual basis.
      2. LWOP may be granted whether or not annual leave is credited to the employees account.
      3. An employee on LWOP shall continue to accrue seniority and shall retain train passes as provided for in this Agreement.
      4. An employee's medical, dental, and life insurance benefits will continue during periods of LWOP on the same cost-sharing basis as is provided for in the Insurance Programs Article of this Agreement.
      5. An employee returning from LWOP will be returned to the former position, or exercise seniority as provided for in this Agreement.

  1. Leave of Absence (LOA) is a temporary nonpay approved absence from work exceeding thirty (30) calendar days.

    1. The employee must request and have approved the LOA in advance. Exceptional cases will be handled on an individual basis.
    2. LOA shall be granted:
      1. to serve in an elected or appointed full-time Union or Public Office;
      2. while absent due to an illness or injury after the exhaustion of sick and annual leaves;
      3. pending disability retirement.

  1. An employee on LOA shall continue to accrue seniority and shall retain train passes as provided for in this Agreement.
  2. An employee while on LOA under 2.b. or 2.c. above shall continue to be covered by all medical, dental, and life insurance plans, not to exceed one year, at no cost to the employee. If an employee granted LOA under 2.b. or 2.c. above has not returned to work at the expiration of one year, that employee shall have the option of continuing medical, dental, and life insurance by compensating the ARRC for both the employee and ARRC contributions to such plans while on authorized LOA. Any other employees granted LOA shall have the option of continuing their medical, dental, and life insurance by compensating the ARRC for both the employee and ARRC contributions to such plans while on authorized LOA.
  3. An employee granted LOA under 2.a. above shall have the option of continuing in the pension plan by compensating the pension plan for both the employee and ARRC contributions to such plan subject to applicable pension laws and regulations while on authorized LOA.
  4. Upon request of the employee, LOA may be extended under 2.a. above for up to thirty (30) days after the expiration of the employee's term of office.
  5. At the end of the authorized LOA, the employee shall report for work or forfeit all employment and seniority rights.
  6. An employee returning from an authorized LOA will be returned to the former position or exercise seniority as provided for in this Agreement.

 

 

ARTICLE 40

EXCUSED ABSENCE

 

Excused absence is an absence from regular duty which has been administratively authorized without loss of compensation or charged to leave. Following are examples when this would be appropriate:

Insurance Cost Containment Committee

Training or instruction classes

Departmental safety meetings

Labor-Management Committee

Pension and Tax Deferred Savings Committee

 

 

ARTICLE 41

JOINT UNION MANAGEMENT COMMITTEES

 

  1. INSURANCE COST CONTAINMENT COMMITTEE
  2. A committee of two labor representatives and two ARRC representatives will meet quarterly for the purpose of discussing methods to contain medical, dental, and life insurance costs. The ARRC will provide the time and tools to the Labor representatives for the distribution of information.

     

  3. ON TRACK COUNCIL

It is agreed that the ARRC and the Union will continue to support the efforts of the On Track Council for the duration of this agreement.

 

 

ARTICLE 42

INSURANCE PROGRAMS

 

  1. An employee who has completed 90 days of accumulated service with the ARRC will automatically be eligible for medical and life insurance coverage beginning the 91st day of accumulated service.
  2. The ARRC will provide employees with a group medical life and accidental death and dismemberment insurance plan which provides coverage under AETNA Group Contract GP 397703 SOC/1B or a plan that provides the same coverage and benefits for the duration of this Agreement. Where the phrase "life insurance" is used in this Agreement, it is understood that this includes all life insurance options and accidental death and dismemberment insurance.

Personnel Policy 64-4, Policy & Procedures for Physical Examinations for Employees, Appendix A, Physical Examinations, Scope and Frequency, paragraph for Periodic Exam, Scope: 2, Procedures to be performed include, will be modified by adding:

"Mammograms (optional to employee)

Pap smears (optional to employee)"

And deleted from "additional….at expense of the employee."

  1. Beginning January 1, 1997, the Alaska Railroad Corporation will pay ninety (90) percent of premiums for participating regular employees for the group medical insurance plan. Employees will pay the remaining ten (10) percent of the premium costs.
  2. To the extent that the Union determines that its members will participate in the Railway Employees National Dental Plan, Aetna GP 1200, the ARRC will take the appropriate employee(s) deductions and transmit funds to the insurance carrier. All employees must participate in this Plan, at their expense.
  3. Regular employees may elect to participate in life insurance plans on the same basis and cost sharing agreement in effect for eligible bargaining unit members on September 9, 1986.
  4. To the extent allowed by law, the ARRC will allow eligible employees covered by this Agreement to elect participation in the following benefit plans on either a pre-tax or post-tax basis:

Eligible employees may also elect participation in the following benefit plans on a post-tax basis only:

  1. All medical, dental, and life insurance coverage will continue during periods of disability covered by Workers’ Compensation at no cost to the employee.
  2. Regular employees who are on layoff, extended leave of absence for Union or political office, and employees granted LOA for more than one year under B.2.b. or B.2.c. of the LWOP/ Leaves of Absence Article shall have the option of continuing medical, dental, and life insurance by compensating the ARRC for both the employee and ARRC contributions to such plans while on layoff or authorized leave.
  3. Employees who retire

  1. at age 62 or older under the ARRC retirement plan; or
  2. within the Federal Civil Service Retirement Plan (CSRS); or
  3. on a disability retirement;

shall have the option of continuing medical insurance into retirement, and may do so by paying sixty (60) percent of the insurance premium. Medicare will become the primary carrier and the ARRC medical insurance the supplemental carrier when a retiree becomes eligible for enrollment in Medicare hospitalization insurance based on employment.

When the ARRC medical insurance becomes supplemental to Medicare, the ARRC medical insurance premium will be adjusted accordingly, with the retiree paying sixty (60) percent of the adjusted premium.

  1. Employees who retire other than under I. above shall have the option of continuing medical insurance into retirement by compensating the ARRC for both the employee and ARRC contributions to such plan. If the retiree continues enrollment in the medical insurance plan until eligible to retire under any of the conditions in I. above, the retiree shall be eligible for coverage under I. above.
  2. Employees who elect to continue their medical insurance into retirement under the terms of I. or J. above will continue to receive their medical insurance under the terms of this contract for the duration of their retirement.
  3. After the death of an employee/retiree, certain surviving annuitants and family members will have the option of continuing their enrollment in the corporation’s medical insurance plan on the same cost-sharing basis as in I. above.
      1. For the purpose of this section:
        1. "Employee/Retiree" shall mean either a regular employee of the Alaska Railroad Corporation who is vested in the CSRS or the ARRC pension plans, or a retired employee of the ARRC who is receiving an annuity from either plan.
        2. "Surviving Annuitant" shall mean a deceased employee/retiree’s spouse who is entitled to a monthly annuity from either the CSRS or the ARRC pension plan. In the case of a CSRS participant or retiree, "annuitant" shall also mean any child who is eligible to receive an annuity from the CSRS after the employee/retiree’s death.
        3. "Surviving Family Members" shall mean the surviving dependents (as defined by the individual plan) of the employee/retiree who were enrolled in the medical insurance plan at the time of the employee/retiree’s death.

  1. Both the following requirements must be met for a surviving family member(s) to qualify for continuing ARRC group medical enrollment as described in this paragraph:

            1. The deceased employee/retiree and the surviving family member(s) must be enrolled in the plan at the time of the employee/retiree’s death; and
            2. At least one of the surviving family members must be entitled to and receiving an annuity from the ARRC pension plan or the CSRS.

          1. In addition to the above, surviving dependent children of an employee/retiree, who was a participant in the ARRC pension plan, will be entitled to medical insurance plans and cost sharing on the same basis as dependent children of an employee/retiree who was a participant in the CSRS pension plan except without the requirement of 2.b.above.

  1. Recommendations of the Cost Containment Committee shall be submitted to all participating employees who shall have the opportunity to vote on such recommendation. The will of the majority of those voting to accept or reject the recommendation shall prevail, and such recommendation shall be implemented as soon as possible.

 

 

 

ARTICLE 43

PENSION PLAN

 

  1. Employees covered by this Agreement who have completed ninety (90) calendar days of cumulative active service for benefit eligibility shall participate in a pension plan. Those employees who are eligible for benefits who are not currently in the Federal Civil Service Retirement Plan shall be included in the ARRC Pension Plan in effect as of the signing of this Agreement.
  2. A Pension Committee, comprised of two management representatives, two labor representatives and the Manager of Benefits and Compensation, shall administer the ARRC Pension Plan.
  3. For the purpose of this Article, the completion ninety of (90) calendar days of cumulative active service for benefit eligibility shall be considered the benefit vesting date. Employee contributions will begin on this date and will be made thereafter on a bi-weekly basis from "subject-to-retirement" earnings within the pay period.
  4. If, during a week, forty (40) straight-time, or "regularized", hours are achieved by an employee, then forty (40) hours will be credited to the employees pension account.

 

 

ARTICLE 44

SAVINGS PLAN

 

  1. Employees covered by this Agreement who have completed ninety (90) calendar days of cumulative service for benefit eligibility are eligible to participate in the ARRC 401(k) Savings Plan for Represented Employees (hereinafter "The Plan").
  2. Employees covered by this Agreement, and eligible to participate in The Plan, may make pre-tax contributions only, subject to the annual maximum allowed under the law.
  3. For purposes of The Plan, the basis for employee contributions shall be "gross earnings" as defined below:
  4. Earnings for each Plan Year shall mean gross pay paid to an employee by the Employer, excluding car allowance, meals, severance pay, termination pay, injury pay, and "other" pay (as defined by the Company), and including any salary reduction amounts under Section 3, "picked up" contributions to a retirement plan pursuant to Section 414(h) of the Code, and any employee salary reduction contributions to any other benefit plan of the Employer.

    Earnings shall not include accumulated, unused sick leave or annual leave (vacation) upon termination, personal leave or annual leave cash in, or severance or release pay. Earnings shall not include amounts attributable to any period of employment when the employee is not an Eligible Employee.

  5. To the extent allowed under the law, eligible employees are allowed to participate in the "catch-up" provision provided in the 401(k) tax code.
  6. Participating employees may defer a maximum of 50% of earnings (as defined above) into The Plan, subject to the annual dollar limitations provided by law.
  7. Employees who terminate or retire from the ARRC may elect to roll their accounts into any of the retirement vehicles provided by law, i.e. IRA’s, other 401(k) Plans, 403(b) Plans, governmental 457 Plans and other qualified plans. Rollovers into The Plan are limited to other 401(k) Plans and conduit IRA’s.
  8. Rollover balances from another plan will be ignored in determining whether an employee’s account balance is de minimus (less than $5,000) and must be cashed out at termination of employment.

 

 

ARTICLE 45

GRIEVANCE PROCEDURE

 

  1. EXCLUSIVE PROCEDURE
  2. The purpose of this Article is to provide the exclusive procedure for the settlement of grievances. A grievance under this Article is defined as a dispute between the parties as to the interpretation or application of this Agreement.

    When a question arises concerning grievability, the parties shall stipulate to the facts and submit them to arbitration as a threshold issue to the merits of the grievance.

  3. SETTLEMENT AT LOWEST LEVEL
  4. The parties agree that most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily at the first level of supervision. Every effort will be made to resolve grievances at the lowest level without fear of retaliation. The initiation of a grievance in good faith should not cast any reflection of an employee's standing with the supervisor or the loyalty or desirability to the ARRC, nor should the grievance be considered as a reflection on the employee's supervisor.

  5. REPRESENTATION
  6. A Union representative, witnesses, and the grievant will be granted leave to participate in grievance matters in accordance with the leave procedures of this Agreement.

  7. TIME LIMITS
    1. Any time limits within the grievance procedure may be extended by mutual consent. When such requests are made for an extension, it will be in writing and presented prior to the expiration of the time for which the extension was requested. Oral requests for extension will also be considered by mutual agreement.
    2. A grievance at Step 1 must be initiated within thirty (30) working days from:
      1. the date of the occurrence of the action or incident which gave rise to the grievance, or;
      2. the date the employee became aware or should have become aware of being aggrieved.
        1. A grievance at Step 2 must be initiated within:

    1. five (5) working days from the date of suspension
    2. Ten (10) working days from receipt of the Step 1 written decision.

            1. A grievance at Step 3 must be initiated within:
              1. Five (5) working days from the date of termination.
              2. Ten (10) working days from receipt of the Step 2 written decision.

  1. If the ARRC fails to reply to a grievance in a timely manner as prescribed in Section E, the resolution requested by the grievant will be granted within thirty (30) calendar days. If the Union fails to process the grievance in a timely manner, the grievance shall be closed by the decision rendered at the previous steps.
    1. PROCEDURE

      1. Step 1: If an employee has a grievance, the issue shall be submitted to the supervisor on a standard grievance form. The written grievance shall contain (a) the name of both the aggrieved employee and the Union representative, (b) a summary of the incident including the nature, time and date of the action or incident, (c) the Agreement provision allegedly violated, (d) the resolution desired. The supervisor will have ten (10) working days from receipt of the written grievance to meet with the Union and attempt resolution. Within ten (10) working days after the Step 1 meeting, the supervisor must issue a written response.
      2. Step 2: Upon receipt of a denial of the grievance at Step 1, the Union will have ten (10) working days to submit the grievance to the Superintendent of Transportation. The written decision of the Superintendent of Transportation will be given to the Union within ten (10) working days following receipt of the grievance.

The grievance of a suspension will be initially processed at this step.

  1. Step 3: If satisfactory settlement has not been reached and the Union elects to pursue the grievance, it must submit the grievance to the Director, Labor Relations or his/her designee. If a hearing is requested, the Director, Labor Relations or his/her designee shall within ten (10) working days from receipt of the written grievance schedule a date and time for the hearing to attempt to resolve the dispute. The hearing should be held within ten (10) working days but in no case more than thirty (30) working days, unless mutually agreed. The grievant may accompany the Union representative at such a hearing. If either party desires a transcript of the hearing, the cost of the transcript will be shared equally by each party. The written decision of the Director, Labor Relations or his/her designee will be given to the Union within ten (10) working days following receipt of the grievance, or ten (10) working days from the receipt of the hearing transcript if a hearing is held.
  2. The grievance of a termination will be initially processed at this step.

  3. Step 4: If the grievance is not satisfactorily settled by the decision of the Director, Labor Relations or his/her designee, the Union may refer the matter to arbitration.

  1. METHODS OF PROCESSING GRIEVANCES

Grievances can be processed in person, or delivered as follows to the responsible person in the designated step:

  1. Facsimile, with voice notification of delivery to a designated number
  2. E-mail, with voice notification of delivery to a designated number
  3. Certified Letter
  4. Personal Delivery

 

 

ARTICLE 46

DISCIPLINARY ACTION

 

  1. DEFINITIONS
  2. Disciplinary actions: include notations of oral warning, letters of reprimand, suspensions, and terminations.

    Cautionary letter: notice to employee that the employee's actions or inactions are not acceptable. Such letters are not grievable.

  3. JUST CAUSE
  4. Disciplinary action will be taken only for just cause.

  5. PROGRESSIVE DISCIPLINE
  6. The parties subscribe to the principles of progressive discipline. Discipline will be applied in a fair and equitable manner and consistent with the nature of the offense and the employee's record.

  7. RECORD OF DISCIPLINE
    1. Any notation of a disciplinary action must be signed by the employee to indicate that the employee received a copy of the notation. The copy signed by the employee will be placed in that employee's personnel file and copies will be given to the employee and the Union.
    2. Upon the employee's request, the record of disciplinary action over five (5) years old will be removed from their personnel file. In no event will disciplinary action over five (5) years old be considered in a current disciplinary action.
    3. All employees will have access to their personnel files and medical records.

  8. ALTERNATIVE DISCIPLINE
    1. The ARRC may make available an alternative discipline option for employees who fail to properly perform their duties. The decision of the ARRC to offer or refuse to offer alternative discipline is not grievable.
    2. If the ARRC elects to offer alternative discipline, the employee and/or the employee's Union representative shall meet with the designated ARRC official to discuss the discipline to be assessed. The employee involved may elect to accept the alternative discipline by signing an acceptance of discipline assessed and a waiver of the employee's right to the grievance procedure. If the ARRC chooses to make an offer of alternative discipline to an employee, the ARRC shall contact the Union before the employee signs the alternative discipline agreement.
    3. Alternative discipline may consist of a retraining period for the employee involved. This retraining program may consist of specified training related to the rules, regulations, and practices of the craft of the employee being disciplined.
    4. The intent of this provision is to lessen the repetition of the violation of rules. It is not intended to offer alternative discipline to repeat offenders.

  9. FORMAL HEARING
    1. Formal Hearing

    1. Formal Hearing: A formal hearing will be held prior to termination or suspension except as provided in F.6.a. below;
    2. Except in F.6.a. below, the charged employee(s) will be paid the appropriate rate of pay for the formal hearing. The formal hearing will be held at the charged employee's home terminal or a location which will minimally interfere with the work schedule.

    1. Notification

    1. Written notice of the formal hearing will be provided the Union and the employee at least five (5) calendar days prior to the hearing;
    2. The notice will include the specific charge and any pertinent information used in making the decision to charge an employee with an offense;
    3. The formal hearing will be held within thirty (30) calendar days of knowledge by the Management of the alleged offense or incident.

    1. Representation

    1. An employee may be represented at the formal hearing by a representative of the employee's Union;
    2. If an employee chooses self-representation, a Union representative may attend the formal hearing to assure it is held in accordance with this Agreement;
    3. Leave will be granted ARRC employee representatives and witnesses in accordance with the leave provisions of this Agreement.

    1. Transcripts
    2. Upon request, a transcript of the proceedings will be provided to the Union at no cost. The Union will be permitted a tape recorder.

    3. Results

    1. The results of a formal hearing will determine what, if any, action should be taken as a result of an offense or incident;
    2. A decision will be rendered within fifteen (15) calendar days of a hearing except in F.6.a. below;
    3. If the decision is to suspend, the suspension shall begin no later than fifteen (15) calendar days after the decision is rendered. In lieu of serving a suspension without pay, employee(s) may submit a leave request to access accrued annual leave.
    4. If, in the final disposition of the case, the decision or award is in favor of the employee, the employee's record shall be cleared or modified in accordance with the decision or award; and the record will reflect the decision.

    1. Excepted Suspensions

    1. An employee may be suspended, without pay, pending a formal hearing for incidents that are reasonably suspected to involve criminal behavior, gross insubordination, or willful destruction of ARRC property. The following provisions apply to employees suspended without pay pending a formal hearing:

    1. Suspensions without pay must be approved by a Department Manager;
    2. If the formal hearing decision is not rendered within ten (10) calendar days after the effective date of the suspension in a. above, the employee will be placed in a suspension with pay status from the date of suspension until the decision is rendered;
    3. If the decision based on the formal hearing is that the suspension was not warranted, the employee will be returned to work with full pay and benefits for the time lost due to the suspension; and the record of the suspension will be removed from the employee(s) personnel file.

    1. Employee(s) may be suspended with pay pending a formal hearing for incidents that do not meet the criteria in a. above. Employee(s) suspended with pay under the provisions of this sub-paragraph will be paid administrative leave until such time as a decision on the formal hearing has been rendered.

  1. APPLICABILITY
  2. This article only applies to employees who have completed their probationary period.

  3. NO DISCIPLINE FOR INJURY

No employee will be disciplined or dismissed solely because of being injured on the job. However, this does not preclude the ARRC from issuing appropriate discipline for safety violations even if the violation resulted in an injury to the employee.

 

 

ARTICLE 47

ARBITRATION

 

  1. PRE-ARBITRATION CONFERENCE
  2. The parties agree that prior to considering arbitration every effort will be made to resolve grievances in-house and will direct their resources towards achieving that goal. In addition, the parties will jointly explore settlement of the grievance at a pre-arbitration conference.

  3. ARBITRAL MATTERS
  4. If the ARRC and the Union fail to settle any grievance arising under the grievance procedure with respect to the interpretation, application, or alleged violation of this Agreement, such dispute shall, upon written notice by the party requesting arbitration to the other party, be referred to arbitration. Such written request must be submitted not later than thirty (30) calendar days following the conclusion of the final step of the grievance procedure. Arbitration on an employee's grievance may be invoked only by the Union.

     

  5. SELECTION OF ARBITRATOR
  6. Within thirty (30) calendar days of signing this Agreement, the ARRC and the Union shall meet to revise, and thereafter maintain, a standing list of thirteen (13) arbitrators. The list will consist of arbitrators who have indicated that they are willing to schedule a hearing within sixty (60) days of a request to hold a hearing. Within ten (10) calendar days of a request to arbitrate a grievance, the parties to the grievance shall meet for the purpose of selecting an arbitrator from the list. If the parties cannot agree on an arbitrator from the list, the parties will each strike one name from the list and shall then repeat this procedure until one name remains. The party to strike the first will be determined by the flip of a coin. The name remaining shall become the duly selected arbitrator.

  7. PRESENTATION OF ISSUE
  8. Following selection of the arbitrator and indication of availability, the parties will prepare a joint letter, when possible, submitting the issue in dispute. The letter shall present, in question form, the matter on which arbitration is sought and shall outline the Agreement provisions governing the arbitration. It may contain mutually agreed upon stipulations of fact and it may be accompanied by any documents the parties mutually agree should be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. If the parties mutually agree, the entire matter may be submitted to arbitration for review and decision without a hearing.

    1. HEARING
    2. The arbitration hearing will be held during the regular day shift hours of the basic work week. Upon the request of either party, or the arbitrator, the arbitration proceedings will be recorded. The party requesting the recording shall bear the cost. Union representatives will be granted leave to participate in the arbitration procedure in accordance with the leave procedures of this Agreement. If the parties agree, the arbitrator will be requested to render a bench decision on the case with a written award within two weeks, but not later than thirty (30) days following the conclusion of the hearing.

    3. JURISDICTION OF ARBITRATION
    4. The arbitrator shall have jurisdiction and authority to interpret this Agreement and to apply it to the particular case under consideration, but shall have no authority to add to, subtract from, or modify the terms of this Agreement, and shall confine the findings to the question submitted.

    5. BINDING AWARD
    6. The award of the arbitrator shall be binding on the parties.

    7. FEE OF ARBITRATOR

The fee and expenses of the arbitrator shall be shared equally by the parties to the arbitration.

 

 

ARTICLE 48

DRUG AND ALCOHOL

 

  1. POLICY

The Alaska Railroad Corporation and the Union, jointly recognizing that safety is the paramount concern and, further, that an alcohol and drug free environment is an essential element in maintaining a safe work place, agree to the following to ensure the utmost compliance with Rule 1.5.

The parties to this Agreement recognize that the use of alcohol and/or drugs is a serious problem within the railroad industry. The ARRC and the Union, in an effort to assist the apparent Rule 1.5 violator retain an employment relationship and seek rehabilitation, jointly consider a change in Rule 1.5 policy desirable. The parties hereby agree to modify the respective applicable discipline rule or rules to the extent provided. The objective of this Agreement is to encourage mutual cooperation between labor and management in addressing alcohol and drug problems in the railroad industry.

To this end, the parties to this Agreement subscribe to the following programs:

      1. PREVENTION COMMITTEE: This program is initiated by the Union signatory to this Agreement. The Committee is organized by the Union. The primary purpose of the Prevention Committee is to promote education of the employees in drug and alcohol awareness and to encourage employees who have problems to use the voluntary referral program. The ARRC will support the committee with material for activities and training.
      2. VOLUNTARY REFERRAL: This program allows an employee to volunteer for drug and/or alcohol assistance without disciplinary action while maintaining an employment relationship with the ARRC.
      3. OPERATION RED BLOCK (Co-Worker Referral or Rule 1.5 Bypass): This program allows an employee to report a fellow employee who is apparently unsafe to work with or appeared to be apparently in violation of Rule 1.5 without the accused being subject to discipline or having the employment relationship with the ARRC being terminated. The employee who makes the report will remain anonymous.
      4. OPERATION RED BLOCK COMPANION AGREEMENT: This program may allow an employee who has had a Rule 1.5 violation resulting in termination an opportunity to reestablish an employment relationship with the ARRC.

  1. VOLUNTARY REFERRAL

  1. The voluntary referral program is available to all employees covered by this Agreement. An employee may use the voluntary referral program if the employee reports to the ARRC Employee Assistance Program (EAP) counselor (or other qualified counselor) or the employee's supervisor either;

    1. during non-duty hours or,
    2. while unimpaired and otherwise in compliance with the ARRC's Rule 1.5.

  1. If an employee uses the voluntary referral program, the ARRC will:

    1. treat the referral and subsequent handling, including counseling and treatment, as confidential,
    2. grant the employee a leave of absence to the extent necessary for treatment and rehabilitation for the period necessary to complete primary treatment and establish control over the employee's alcohol or drug problems. Leave of absence up to forty-five (45) calendar days will be granted, if necessary, for the purpose of meeting initial treatment needs. The employee may be paid leave in accordance with the leave provisions of this Agreement, leave without pay, or combination thereof.

  1. If the employee at any time refuses to cooperate in the recommended course of counseling or treatment, the leave will be cancelled and the employee promptly returned to work.
  2. The employee will be returned to work on the recommendation of the EAP counselor (or other qualified counselor), or a return-to-work medical examination may be required.

  1. OPERATION RED BLOCK (Co-Worker Referral or Rule 1.5 Bypass)
    1. If any employee(s) believes that any other employee is apparently unsafe to work, such employee may immediately contact an ARRC officer. If the ARRC officer, upon investigation, determines there is an apparent Rule 1.5 violation, the employee shall be removed from service. The supervisor will ensure that the employee is promptly and safely, at ARRC expense, transported home or to other appropriate quarters.
    2. Once an employee has been relieved from service under paragraph 1, such employee must contact an EAP counselor within five (5) working days of the removal from service. If the employee contacts the EAP counselor and accepts counseling, the employee will be paid for the full tour of duty or trip lost, one way, as a result of the removal from service.
    3. If the employee does comply with the requirements set forth in paragraph 2, and the EAP counselor determines that the employee is not in need of employee assistance counseling, the employee shall be promptly returned to service. There shall be no payment for any time lost as a result of the removal from service other than as provided in paragraph 2 above.
    4.  

    5. If the employee does comply with the requirements set forth in paragraph 2, and the EAP counselor determines that the employee is in need of employee assistance counseling, and the employee accepts counseling, the employee shall be returned to service after a conference between the employee, the employee's representative, the EAP counselor, and the supervisor and a favorable recommendation from the EAP counselor. Return to service will take place promptly upon fulfilling the above requirements. There shall be no payment for any time lost as a result of the removal from service other than as provided in paragraph 2 above.
    6. If an employee does not comply with the requirements set forth in paragraph 2 or refuses to accept the counseling provided in paragraph 4, the individual may, if so desired, request a formal hearing. Such request must be made within five (5) calendar days of the day removed from service. Employees who do not request a hearing must request a leave of absence in writing. One forty-five (45) day leave of absence will be granted. The employee may be paid leave in accordance with the leave provisions of this Agreement, leave without pay, or combinations thereof. If the employee has not contacted the EAP counselor before the end of the approved leave of absence, the employee shall be considered as voluntarily forfeiting all seniority rights and employment relationship with the ARRC.
    7. The employee(s) who originated the action as provided in paragraph 1 will not be identified or called as a witness(es) if the employee asks for a formal hearing.
    8. Should an employee who has been returned to service under the provisions of this Agreement not have another Rule 1.5 violation within a period of ten (10) years after having resumed duty, but thereafter is charged with violation of Rule 1.5, then the employee will again be subject to the provisions of this Agreement.
    9. All regular employees will have use of this Agreement after the effective date of this Agreement.

  2. OPERATION RED BLOCK COMPANION AGREEMENT

    1. An employee who has been terminated as a result of violating Rule 1.5 may elect to participate in the Rule 1.5 Rehabilitation Program, provided:
      1. The employee has had no previous Rule 1.5 offense for at least ten (10) years; and
      2. The employee has not participated in the Rule 1.5 Rehabilitation Program for at least ten (10) years; and
      3. The incident giving rise to the termination did not involve significant rule violations other than Rule 1.5.

    2. Participation in the Rule 1.5 Rehabilitation Program shall continue for a period of twelve (12) months unless the employee elects to withdraw from the program or fails to follow the course of treatment established by the EAP counselor.
    3. A letter notifying the employee of the availability of Rule 1.5 Rehabilitation Program and containing a request form to be completed by the employee shall be attached to the notice of termination.
    4. The employee may elect to participate in the Rule 1.5 Rehabilitation Program by completing and returning the request form to the ARRC officer who signed the notice of termination within ten (10) calendar days of receipt of notice.
    5. The employee must contact the EAP counselor within five (5) calendar days of electing to participate in the Rule 1.5 Rehabilitation Program.
    6. After being contacted, the EAP counselor shall evaluate the employee to determine whether or not the employee may safely be returned to service and the course of treatment which the employee should follow.
    7. If the evaluation indicates that the employee may safely be returned to service, the employee shall be returned to service immediately on a probationary basis with all seniority unimpaired. Following return to service, the employee must follow the course of treatment established by the EAP counselor during the remainder of the Program.
    8. If the evaluation indicates that the employee may not safely be returned to service, the employee shall continue in the status of a terminated employee until subsequent evaluation(s) indicate that it is safe to return the employee to service on a probationary basis. The employee must follow the course of treatment established by the EAP counselor while out of service and after return to service during the remainder of the Program.
    9. If, at any time during the twelve (12) month period referred to in paragraph 2 above, the employee fails to follow the course of treatment established by the EAP counselor, the ARRC shall remove the employee from the program. If the employee had been returned to service, the ARRC shall, without the necessity of further disciplinary proceedings, remove the employee from service; and the employee shall revert to the status of a terminated employee.
    10. An employee may withdraw from the Rule 1.5 Rehabilitation Program at any time by notifying, in writing, the EAP counselor and the ARRC officer who signed the notice of termination. If the employee had been returned to service, the ARRC shall, without the necessity of further disciplinary proceedings, remove the employee from service and the employee shall revert to the status of a terminated employee.
    11. The employee shall remain on probation for one (1) year from the time of return to service. During the probationary period, the employee may be subject to alcohol and/or drug tests at the direction of the Rehabilitation Program counselor; and any credible evidence showing that the employee has deviated from complete abstinence from alcohol and/or other drugs will result in automatic removal from service and return to terminated status. Upon successful completion of probation, a notation to that effect shall be placed in the employee's personnel file.
    12. There shall be no payment for any time lost as a result of the incident leading to the employee's participating in the Rule 1.5 Rehabilitation Program or for time lost during which the employee participates in the Program, should the employee be removed from the program under the provisions of paragraphs 7, 10, or 11 above.

 

 

ARTICLE 49

ON-THE-JOB INJURY COMPENSATION

 

  1. Employees are covered by the Alaska Workers' Compensation Act, AS 23.30.005 et. seq. and are entitled to benefits under said Act.
  2. In addition, an employee who misses work for twenty-eight (28) days or less due to an on-the-job injury will be entitled to a payment for the first three days not covered by Workers' Compensation provided that a determination of compensability has been made.

    1. Pay for such time missed from work shall be paid at the employee's regular rate of pay at the time of the injury.
    2. In order to be eligible for said pay, the injured employee must have: (a) suffered an on-the-job injury; (b) reported the injury to the supervisor preferably during the shift on which the injury occurred, but in no case more than one (1) working day after the discovery of the injury; and (c) provided the ARRC with a written statement from a physician that the employee was absent due to the on-the-job injury. The ARRC may, if it elects, require a written physician's statement to be furnished by a physician designated by the ARRC. If the ARRC designates the physician, the ARRC will pay the costs of the physician's examination and report.

  1. The ARRC agrees to abide by all obligations imposed upon it by the Alaska Workers' Compensation Act including retraining employees who are injured on the job. The ARRC agrees to give preferential hiring rights to employees injured on the job provided the following conditions are satisfied:

1. There must be an open position;

2. The individual who was injured on the job must apply for the open position and be qualified to perform all of the duties required by the position;

    1. If the individual's qualifications are equal to all the other applicants for the job, the individual who was injured on the job will be given preference in hiring.

 

 

 

ARTICLE 50

SUBCONTRACTING

 

  1. The Union recognizes the ARRC's right to purchase goods and services from any source. The ARRC recognizes its responsibility to give consideration to the job stability of employees as one of the factors in reaching these decisions. Therefore, these decisions will not be made for the purpose of laying off employees. It is further understood that subcontracting will not be used by the ARRC to avoid its obligations under this Agreement nor as a means of reducing the scope of the Union.
  2. Except in emergency situations, if the subcontracting will result in a layoff or avoid the need for a recall when the work is estimated to exceed ten (10) calendar days, the ARRC will furnish the Union, Requests For Proposals (RFP) for work of the type and nature that is normally within the jurisdiction of the Union. If the Union desires to meet on the RFP, the request must be made prior to the closing date of the RFP. If a meeting is requested, the ARRC and the Union will meet prior to the ARRC issuing a notice of intent to award and will provide all pertinent information available. If the parties are unable to reach an agreement at such conference, the ARRC may proceed to subcontract the work. In that event, the ARRC will provide a copy of the contract to the Union within five (5) calendar days of the awarding of the contract.
  3. For Requests For Proposals (RFP) not covered above, the ARRC will furnish the affected RFP for work of the type and nature that is normally within the jurisdiction of the Union. The ARRC will meet with the Union on request.

  4. The ARRC shall have the right to subcontract work of less than ten (10) calendar days for reasons it deems prudent. If this subcontracting will avoid the need for a recall, the ARRC will give the Union written notice within five (5) calendar days of the awarding of the contract, together with a copy of the contract.
  5. If the work to be subcontracted is estimated to require ten (10) calendar days or more to complete, the subcontracting will only be done when (1) managerial skills are not available on the property; or (2) skilled personnel are not available on the property from active or laid off employees; or (3) required adequate equipment is not available on the property; or (4) the required time of completion of the work cannot be met with the skills, personnel, or equipment available on the property; or (5) such work cannot be performed by the ARRC at a reasonably competitive cost. "Reasonably competitive" shall be defined to mean "not more than five percent (5%) in total cost above the cost of the proposed subcontract." If the subcontracting should result in a layoff, the percentage will be seven percent (7%).
    1. The foregoing limitations on the ARRC's right to subcontract shall not apply to normal warranty work. Extended warranty and equipment maintenance agreements entered into with regard to new equipment will be subject to the above provisions.

 

 

ARTICLE 51

TRAIN PASSES

 

Upon request, employees, retirees, and dependents will be issued free train passes on ARRC owned and operated passenger trains on a space available basis.

 

 

ARTICLE 52

ARRC POLICIES

 

  1. At least fourteen (14) calendar days prior to the implementation of any policy, rule, or regulation applicable to Union members, the ARRC will provide a copy of the policy, rule, or regulation to the Union.
  2. Upon request, the ARRC will meet with the Union to discuss the policy, rule or regulation.

 

 

ARTICLE 53

PRINTING THE AGREEMENT

 

The ARRC will provide each UTU employee one copy of the Agreement without cost to the employee. One complete large copy will provided for each Union representative.

 

 

 

ARTICLE 54

DURATION and SCOPE

 

This Agreement shall become effective September ________, 2002, and shall remain in full force and effect until 11:59 P.M. on September ________, 2008.

This Agreement shall continue in force and effect from year to year thereafter unless either party gives written notice to the other, not more than ninety (90) or less than sixty (60) days prior to the expiration of this Agreement, or any annual anniversary date thereafter, of its intent to amend or modify this Agreement. Notwithstanding the above, this Agreement may at any time be reopened, supplemented, or amended, but only by mutual consent of the parties.

This Agreement replaces and supersedes all prior agreements, Memorandums of Understanding, letters of intent, and past practices, whether they be implicit or explicit, memorialized or not. The parties agree that this is a complete document and the terms and conditions enumerated herein constitute the full extent of the Agreement.

Furthermore, the ARRC and the UTU agree to honor and uphold their respective obligations under AS 42.40.

In witness thereof, the Alaska Railroad Corporation, and the United Transportation Union, Local 1626, through their respective duly authorized representatives have caused this agreement to be executed on this the _______ day of September, 2002.

 

 

For The ARRC For The UTU

_________________________ _________________________

Donald Smith Michael L Weatherell

Director, Labor Relations General Chairman

 

_________________________ _________________________

Marge Doughty John Fleming

Labor Relations Manager Vice Chairman

 

_________________________ _________________________

Adrie Setten Jefferson "Lee" Davis

Director, Passenger Operations Vice Chairman

 

_________________________

Chuck Cowan

Manager, Crew Resources

 

 

LETTER OF UNDERSTANDING NO. 1

OPERATION RED BLOCK

 

The parties to this Letter of Understanding recognize that the use of alcohol and/or drugs is a serious problem within the railroad industry. The ARRC and the Union, in an effort to assist the apparent Rule 1.5 violator retain an employment relationship and seek rehabilitation, jointly consider a change in Rule 1.5 policy desirable. Rule 1.5 is formerly known as Rule "G" and carries the same historic effect on previous violators. The parties hereby agree to modify the respective applicable discipline rule or rules to the extent provided. The objective of this Letter of Understanding is to encourage mutual cooperation between labor and management in addressing alcohol and drug concerns in the railroad industry.

It is the intention of the parties of this Letter of Understanding that the Drug and Alcohol Article signed March 13, 1986, shall be an alternate policy in lieu of the policies set forth in 49 CFR, Part 219, and required by sections 219.403 and 219.405.

Employees in the Union signatory to this Letter of Understanding who meet the criteria of "regular" employees under the Status of Employment Article, tentatively agreed to on January 22, 1986, will be covered by the Drug and Alcohol Article signed March 13, 1986. In addition, that portion of ARR Order No. 3901.3B, Paragraph 5.d (13) items (a) through (f) will not apply to these employees. Until the UTU Agreement is implemented, current leave regulations will be used.

The level of 50 ng/ml is currently being used as the level of a positive test for marijuana. The Union will be consulted if the testing procedures are changed due to advancement of testing methods.

The biennial physical will be scheduled two years after the last physical or the employee’s date of hire whichever is applicable, but with not less than forty-eight (48) hours notice.

An employee shall be given the opportunity to provide a blood sample at the same time as the urine sample. If the urine sample shows positive, the blood sample will be tested and will be used as the final result.

 

 

 

 

 

 

 

 

 

 

 

 

MEMORANDUM OF AGREEMENT NO. 1

EXCESS FUNDS

 

Provided that all unions agree, the Pension and Tax Deferred Savings Plan Committee review, and the ARRC Board of Directors approve, the ARRC Pension Plan shall be amended to the extent permitted by applicable law, to provide that in the event of complete Plan termination, excess funds assets, if any, will be distributed to all participants in accordance with the plan document.

 

 

MEMORANDUM OF AGREEMENT NO. 2

HEALTH/PENSION

 

A. The parties agree that the following changes will be made to the health insurance policy:

Calendar year deductible $500

Family deductible limit $1500

Coinsurance calendar year maximum $1500 ($2500 when failure to utilize preferred hospital)

Family limit $4500 ($7500 when failure to utilize preferred hospital)

B. Provided the Pension and Tax Deferred Savings Plan for Represented Employees Committee and the ARRC Board of Directors approve, the ARRC Pension Plan Document, Section 4.03 Early Retirement Benefit, will be amended as follows:

Years Prior to Normal Retirement Date Early Retirement Percentage

1 100%

2 100%

3 100%

4 100%

5 94%

6 88%

7 82%