AGREEMENT
By and Between
MASSACHUSETTS BAY COMMUTER RAILROAD COMPANY
And
UNITED TRANSPORTATION UNION

WHEREAS, the Massachusetts Bay Commuter Railroad (hereinafter "MBCR") has agreed to assume certain responsibilities for the operation of the Commuter Passenger Railroad for the Massachusetts Bay Transportation Authority (hereinafter "MBTA"), effective July 1, 2003;

 

WHEREAS, it is the desire of the parties to this Agreement to avoid any interruption of service in the interests of the public and to minimize impact on the commuter rail employees of Amtrak, the operator of MBTA Commuter Railroad prior to July 1, 2003;

 

WHEREAS, the assumption of this operation will result in the establishment by MBCR of comparable positions necessary to perform certain work formerly performed by commuter rail employees of Amtrak as the operator; and

 

WHEREAS. MBCR intends to offer employment with MBCR to certain commuter rail employees of Amtrak,

 

NOW, THEREFORE, IT IS AGREED:

 

PART I

 

L MBCR recognizes the United Transportation Union (hereinafter "UTU

or "Organization") as the bargaining representative of the passenger Conductors and Assistant Passenger Conductors to be employed in the service covered by this Agreement.

 

2. The Rules Agreement effective January 29, 1986 (off-corridor agreement), as amended, presently in effect between Amtrak and the United Transportation Union and applicable to employees performing service on the MBTA Commuter

Railroad, will continue to apply to the operations and service which MBCR is to provide the MBTA Commuter Railroad except as specifically provided herein.

 

A. Nothing in this Agreement is intended or shall be construed to provide additional pay, benefits, or coverage of specific Rules Agreement provisions to MBCR employees which were not applicable to them during their employment with Amtrak, except as specifically provided herein.

 

3. The service covered by this Agreement will be a single, separate seniority district and the employees securing a position in accordance with this Agreement will be placed on a separate seniority roster identified as the "MBCR Commuter Service Seniority District Roster."

 

4. On or about May 15, 2003, MBCR will deliver, by certified mail, return receipt requested, to the home address of all qualified employees defined in Paragraph B. below, a conditional offer of employment, along with other required documents (such as those described in Side Letter No. 1). These documents must be completed and returned to MBCR, by the date set forth therein (which shall be no fewer than ten (10) days), postmark to govern, with a copy to the UTU General Chairman, in order for the employee to be eligible for further participation in the employment process set forth in this Agreement. MBCR shall have no further employment obligations to individuals who fail or decline to return the requisite completed documents within the time prescribed. Those employees who timely complete the process described in this paragraph are referred to hereinafter as "eligible employees." Employees other than those specified in paragraph B, below, who timely complete the process described in this paragraph will also be considered eligible employees (See Side Letter No. 4).

 

A. MBCR will provide the General Chairman of the Organization with not less than thirty (30) days written notification of MBCR's assumption of the operation, which notice will list the estimated number of positions to be established by MBCR.

 

B. The positions to be established by MBCR will be advertised on or before June 1, 2003, also by mail, for a period of ten (10) calendar days via special bulletin notice to the following employees:

 

I          All Passenger Conductors and Assistant Passenger Conductors with prior rights to Amtrak work Zone CS-1.

 

All other Passenger Conductors and Assistant Passenger Conductors working in the Boston Crew Base in Amtrak work Zone I as of the date of this Agreement.

 

All other Passenger Conductors and Assistant Passenger Conductors working in Amtrak work Zone 3.

Any other Passenger Conductor or Assistant Passenger Conductor responding under the specific provisions of Side Letter No. 4.

 

The advertisement of positions will show the MBCR headquarters location, run description, starting time, rest days, rate of pay, etc. The bulletin notice will contain the following statement:

 

"This will serve as notice that these positions will be established on MBCR for the MBTA Passenger Railroad operation effective 12:01 a.m., July 1, 2003. Bids will be accepted only from employees who have declared their eligibility by bidding on the Special Bulletin No. ___________   dated              . Only those bids postmarked or personally delivered to the office of the undersigned and receipt obtained within ten (10) calendar days of the date of this notice will be accepted."

 

C. Eligible applicants will be accepted in seniority order based upon their standing on the current Amtrak Passenger Conductors' National Seniority Roster; provided, however, that a Passenger Conductor with prior rights to Amtrak Work Zone CS-1 shall be placed on the MBCR Roster ahead of non-prior rights CS-1 employees in the same relative order as he stands on the Work Zone CS-1 Prior Rights Roster.

 

D. Eligible employees who apply for but are unable to secure a position under this Agreement because of insufficient seniority, prior to MBCR assuming the service, will be placed in a MBTA Commuter Service application pool. As positions become available, they will be offered Passenger Conductor or Assistant Passenger Conductor positions which they must accept or relinquish their rights to employment as Passenger Conductors or Assistant Passenger Conductors. Upon accepting such positions, they will be placed on the MBCR roster in the same relative standing they would have been given if they had been a successful bidder during the original application period.

 

E. Eligible, qualified Passenger Conductors and Assistant Passenger Conductors, as set forth in B. above, who are inactive for the entire application and bidding period by reason of sickness, temporary or occupational disability, disciplinary suspension or dismissal, military leave, furlough. vacation, or leave of absence pursuant to Rule 26 of the rules agreement, shall have the right to make application within five (5) days of their return to active status. Such Passenger Conductors and Assistant Passenger Conductors possessing sufficient seniority to have been selected in accordance with Paragraph C., above, will be placed on the MBCR Roster as if they had been in active status during the original

application period, and will exercise their seniority in accordance with the applicable provisions of the Rules Agreement. Those Passenger Conductors and Assistant Passenger Conductors in this category who, upon return to active status, lack sufficient seniority to have been selected :n accordance with Paragraph C., above, will be placed in the application pool with the same relative standing they would have had if they had been in active status during the original application period.

 

Note: With the exception of those employees on vacation during the application and bidding period, the provisions of Part 11, Item 1.B.(1) of this Agreement shall not apply to employees in this status on the effective date of the Agreement.

 

F. Employees who were granted leaves of absence to take promotion to management (non-agreement) positions on Amtrak unrelated to MBTA Commuter Railroad service shall retain the right to exercise their seniority pursuant to sub-section E., above, for a period of two (2) years commencing July 1, 2003- If after the expiration of that two-year period such employees have not returned to service on MBCR on a position represented by the United Transportation Union, such rights will be extinguished.

 

~. Existing Rules Agreement provisions pertaining to disapproval of employment application will not be applicable to those employees who accept employment with' BCR pursuant to the terms of this Agreement.

 

6. Compensated days and years of service currently recognized by Amtrak shall be used in determining eligibility for vacation entitlements for employees who accept a position with MBCR pursuant to this Agreement. The Company anticipates it will receive information from Amtrak outlining such information, as well as the number of vacation and personal leave days each employee has accrued but has not taken for the calendar year. An individual employee who disputes the correctness of the information provided by Amtrak may request further review. In the event of disagreement, the Local Chairman and the Manage-Labor Relations will meet for the purpose of informally resolving the dispute_ In the event this disagreement cannot be resolved, it will be subject to the existing grievance procedure as set forth in the rules agreement­

 

7. MBCR recognizes its obligation pursuant to the Operating Agreement between MBCR and MBTA to provide health and welfare benefits substantially equivalent to those in effect on June 30, 2003. MBCR has sought input and participation from the Organization in its fulfillment of this obligation.

 

8. There shall be no pyramiding or duplication of any benefits) in the application of any portion of this Agreement.

1. It is understood and acknowledged that the United Transportation Union is currently engaged in wage and rules negotiations with Amtrak pursuant to notices served under Section 6 of the Railway Labor Act (hereinafter °RLA") upon Amtrak on or about November 1,1999, and counter-proposals served by Amtrak upon the Organization. In that regard, the parties agree as follows:

 

A. By executing this Agreement, it is agreed and understood that any and all outstanding notices served under Section 6 of the RLA by and between the Organization and Amtrak shall have no standing as between the parties to this Agreement. The Organization represents that such notices have not been settled with Amtrak. The parties agree that MBCR has no obligation with respect to retroactive wage or other settlement monies, if any, which the Organization may believe are owed to the employees covered under this Agreement by their predecessor employer (Amtrak). This Agreement shall not be construed as a relinquishment by the Organization of its rights to pursue payment of any such monies from Amtrak for the period preceding July 1, 2003.

 

B. The basic wage rates in effect for all job classifications and positions in effect on June 30, 2003, shall be assumed by MBCR as the basic rates of pay in effect upon assumption of the service on July 1, 2003. These rates of pay include COLA adjustments totaling 59 cents per hour which were in effect on June 30, 2003, and will be rolled into the basic rates on July 1, 2003, prior to the application of the general wage increase described in sub-paragraph (2) below. Thereafter, the following shall apply:

 

(1) Subject to the conditions set forth below, effective on the date of MBCR's assumption of the MBTA Commuter Railroad service, each eligible employee covered by this Agreement who fully and successfully participates in MBCR's employment process and who becomes an MBCR employee on July 1, 2003 will be entitled to a lump sum implementation incentive adjustment of one thousand dollars ($1,000). This incentive is subject to the commencement of the Organization's ratification process for this Agreement on or before May 15, 2003 and successful completion of the ratification process on or before June 13, 2003. The Organization acknowledges and agrees that MBCR may commence the application and hiring process for UTU members during this ratification process. The Company will make all reasonable efforts to pay the incentive within 30 days from July 1, 2003.

(2) First General Wage Increase

Effective July 1, 2003, the hourly base rates of pay of employees covered in this Agreement shall be increased in the amount of five percent (5 %)­

 

(a)          Disposition of Fractions

 

Rates of pay resulting from application of this Section B. which end in a fraction of a cent will be rounded to the nearest whole cent; fractions less than one-half cent will be dropped, and `*.*.action of one-half cent or more will be increased to the nearest full cent.

 

(b)         Application of Wage creases,

 

The increase in wages provided for in this Section B. shall be applied in accordance with the wage or working conditions agreement in effect. Special allowances and differentials not included in fixed hourly rates of pay for all services rendered, and arbitraries representing duplicate time payments, will not be increased. Overtime hours will be computed in accordance with individual schedules for all overtime hours paid for.

 

(3) Second General Wage Increase

 

Effective July 1, 2004, the hourly base rates of pay of employees covered by this Agreement shall be increased in the amount of three percent (3 %). The increase provided in this Section will be applied in the same manner as provided in Section (2) hereof.

 

(4) 'third General Wage increase

 

Effective July 1, 2005, the hourly base rates of pay of employees covered by this Agreement shall be increased in the amount of one and one-half percent (1'/ %). The increase in this Section will be applied in the same manner as provided in Section (2) hereof

 

(5) Fourth General Wage Increase

 

Effective January 1, 2006, the hourly base rates of pay of employees covered by this Agreement shall be increased in the amount of two and one-half percent (21/2 %)_ The increase provided in this Section will be applied in the same manner as provided in Section (2) hereof.

(6) Fifth General Wage Increase

 

Effective July 1, 2006, the hourly base rates of pay of employees covered by this Agreement shall be increased in the amount of one and one-half percent (1 V2 %). The increase in this Section will be applied in the same manner as provided in Section (2) hereof.

 

(7) Sixth General Wage Increase

 

Effective January 1, 2007, the hourly base rates of pay of employees covered by this Agreement shall be increased in the amount of one and one-half percent (1 1/2 %). The increase in this Section will be applied in the same manner as provided in Section (2) hereof.

 

(8) Seventh General Wage Increase

 

Effective July 1, 2007, the hourly base rates of pay of employees covered by this Agreement shall be increased in the amount of five percent (5 %). The increase in this Section will be applied in the same manner as provided in Section (2) hereof.

 

C. Except to the extent set forth in Pan Ii LB., the existing COLA provisions between the UTU and Amtrak shall have no further force and effect Effective July 1, 2008, Appendix I shall become effective. Any COLA adjustment which may be applied in accordance with Appendix I shall not be rolled into base rates without future negotiations and agreement between the

parties.

 

D. The purpose of this Part II is to fix the general level of compensation during the period of the Agreement. No party to this Agreement shall serve, prior to October 1, 2007 (not to become effective before July l, 2008) any notice or proposal for the purpose of changing the subject matter of the provisions of Part II of this Agreement or which proposes matters covered by the proposals of the Organization cited in Paragraph I of this section.

 

 

Part III

 

 

Any dispute or controversy with respect to the interpretation, application or enforcement of the provisions of this Agreement which has not been resolved by the parties within thirty (30) days may be submitted by either party to a Special Board of Adjustment for final and binding decision thereon as provided by Section 3, Second of the Railway Labor Act.

2. This Agreement shall become effective July 1, 2003, and shall continue in effect thereafter unless or until changed pursuant to the terms of the Railway Labor Act, as amended.

Signed at Boston, Massachusetts this__ day of______

For the Organization:                                  For the Company:

General Chairman, UTU                               Manager-Labor Relations, MBCR

General Manager. MBCR

Side Letter No. I May 13, 2003

Mr. A. L. Suozzo

General Chairman

United Transportation Union

 

Dear Mr. Suozzo:

 

This has reference to the Agreement entered into this date between MBCR and UTU relating to MBCR assumption of operation of the MBTA Commuter Railroad service on July 1, 2003.

 

During our negotiations it was agreed, without prejudice to the positions of either party concerning MBCR's right to require pre-employment physicals, MBCR will modify its pre-employment medical requirements to the following extent:

 

I. Amtrak commuter rail employees will be required to sign a release instructing and authorizing Amtrak to provide MBCR with a copy of the employee's Amtrak medical records. The Amtrak employee will also be required to complete MBCR's Pre-employment Medical Questionnaire. Should MBCR's Medical Department determine that additional information is required as a result of the information provided on that Questionnaire, the employee will be required to request his/her physician to provide such additional information. Any further action in this area, which may include an examination by a MBCR-designated physician, will be handled on a case-by-case basis in accordance with the provisions of the applicable Rules Agreement.

 

2. The Amtrak commuter rail employee will be required to undergo drug and alcohol testing. Any employee testing positive for a controlled substance will be provided the opportunity, upon his/her request, for a split sample test at the employee's expense, by a testing facility selected by MBCR which will use another testing method that is specific for the substance(s) detected in the initial test.

 

3. In the event of a confirmed positive result, the employee may not be accepted for employment with MBCR. The employee may, at no cost to MBCR, seek self recovery and/or provide a satisfactory test result within 45 days from the date of deferral. Upon such timely presentation, the employee will then be eligible to complete the employment process set forth in the Agreement. Upon such employment, seniority and other rights will be governed by the provisions of Part I, Section 4(E) of this Agreement. As a condition of employment, the employee will be required to agree and comply with the instructions set forth in the Prevention Program Companion Agreement

Side Letter No. I Page

If the foregoing adequately and accurately outlines our understanding in this matter, please so indicate by signing in the space provided for that purpose below.

Yours truly,

Manager-Labor Relations

AGREED:

Mr. A. L. Suozzo

General Chairman

United Transportation Union

 

Dear Mr. Suozzo:

 

This has reference to the Agreement entered into this date between MBCR and UTU relating to MBCR assumption of operation of the MBTA Commuter Railroad service on July 1, 2003.

 

During our negotiations the Organization expressed concern over MBCR's stated intent to acquire copies of Amtrak's discipline records covering each employee hired by MBCR and consideration of past records in any future instances of administration of discipline. Pursuant to these discussions, the parties agreed that such records would not be used or considered commencing July 1, 2003, except for the following:

 

1. Employees with a previous Rule G violation that resulted in a Waiver Agreement and probationary period that is still in effect on July 1, 2003, will be considered still bound by the terms of such arrangement when employed on MBCR This will include, but not be limited to, obligations of ongoing participation in EAP counseling, follow-up/random testing, and/or any other condition agreed to in conjunction with the Waiver Agreement. Upon completing the probationary requirements, the provisions of the Rule G Bypass and Prevention Program Companion Agreements will apply.

 

2. This Agreement does not supercede any action which MBCR may be required to take under the provisions of the CFR, federal or other laws, or regulations imposed by the FRA­

 

If the foregoing adequately and accurately outlines our understanding in this matter, please so indicate by signing in the space provided for that purpose below.

 

 

Yours truly,

 

 

AGREED:                                                                                Manager-labor Relations

Side Letter No. 3 May 13_ 2003

Mr. A. L. Suozzo

General Chairman

United Transportation Union

 

Dear Mr. Suozzo:

 

This has reference to the Agreement entered into this date between MBCR and the UTU relating to MBCR's assumption of operation of the MBTA Commuter Railroad service on July 1, 2003.

 

During our discussions it was acknowledged that certain modifications of the Rules Agreement are necessary in order to accommodate the administrative structure on MBCR. Specifically, Rule 24 (Time Limit and Procedures for Handling Claims) and Rule 25 (Discipline) require adjustment. Accordin_gly, the Manager-Labor Relations and the General Chairman will agree to commence discussion and adopt such mutually agreed upon changes prior to July 1, 2003. Those administrative adjustments will be incorporated as an addendum to this Side Letter_

 

If the foregoing adequately and accurately outlines our understanding in this matter, please so indicate by signing in the space provided for that purpose below.

 

 

Yours truly,

 

 

Mr. A. L. Suozzo

General Chairman

United Transportation Union

 

Dear Mr. Suozzo:

 

This has reference to the Agreement entered into this date between MBCR and the UTU relating to MBCR's assumption of operation of the MBTA Commuter Railroad service on July 1, 2003.

 

Part 1, Section 4, of the Agreement sets forth that the Company's mailings of conditional employment offers and advertisement bulletins will be to those employees set forth in sub-paragraph B. Your Organization advised that it intended to do a separate, internally-generated mailing to all other employees on the Amtrak National Roster. It was your stated intent to advise recipients of this mailing to contact MBCR directly if they desired to make application for this service.

 

It was the Company's position that it was under no obligation to canvass these employees; however, it has no objection to your Organization doing so, subject to one important caveat the process for filling positions in MBTA Commuter Railroad service is subject to a strict time line, and must be completed (assignments made) no later than June 15, 2003. Accordingly-MBCR cannot accept applications received from employees in this external group that are not received (postmarked) prior to June 1, 2003.

 

It was only in the above context that the Company agreed to add the last sentence to Part I, Section 4, reading:

 

'Employees other than those specified in paragraph B, below, who timely complete the process described in this paragraph will also be considered eligible employees."

 

If the foregoing adequately and accurately outlines our understanding in this matter, please so indicate by signing in the space provided for that purpose below.

 

 

Yours truly,

 

 

Manager-- Labor Relations

Side Letter No. 4 Page 2

AGREED:

General Chairman, UTU

Side Letter No. 5 May 13, 2003

Mr. A. L. Suozzo

General Chairman

United Transportation Union

 

Dear Mr. Suozzo:

 

This has reference to the Agreement entered into this date between MBCR and the UTU relating to MBCR's assumption of operation of the MBTA Commuter Railroad service on July 1, 2003

 

During our negotiations we discussed Letter No. 3 to the Agreement between Amtrak and UTU dated October 27, 1999. It was the position of the Organization that the employees you represent are entitled to receive, on or about December 1, 2003, certain productivity payments. In order to resolve this matter, we have agreed that in November, 2003, we will determine the amount of the payment employees would have received. MBCR agrees that it will pay that amount, on a one-time basis, to eligible employees. The Organization agrees it has no further entitlements to payments for subsequent years under such Letter No. 3, and that such Letter will not be applicable on MBCR property. It is further agreed that the December, 2003 payment shall not be greater than 1.5 times the payment received in December 2002.

 

Additionally, the parties expressed their mutual desire to pursue a cooperative approach to identification of mutually-beneficial productivity enhancements. The parties expressed a shared goal of seeking to improve the quality of MBCR's service to the traveling public, while providing the employees you represent an opportunity to share in the value of increased efficiencies and savings to MBCR's bottom line. In that regard, both parties committed to meeting within ninety (90) days of July 1, 2003, to begin work toward achieving these goals.

 

If the foregoing adequately and accurately outlines our understanding in this matter, please so indicate by signing in the space provided for that purpose below.

 

 

Yours truly,

 

 

Manager - Labor Relations

APPENDIX I

Cost of Living Allowance and Adjustments Thereto After July 1. 2008 Section I -Cost-of-Living Allowance and Effective Dates of Adjustments

 

(a) A cost of living allowance shall be payable in the manner set forth

in and subject to the provisions of this Appendix, on the basis of the "Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised Series) (CPI-W)" (1967-100), U.S. Index, all items - unadjusted, as published by the Bureau of Labor Statistics, U.S_ Department of Labor, and hereinafter referred to as the CPI. The first such cost-of-living allowance shall be payable effective January 1, 2009 based, subject to paragraph (d), on the CPI for September 2008 as compared with the CPI for March 2008 Such allowance, and further cost-of-living adjustments thereto which shall become effective as described below, shall be based on the change in the CPI during the respective measurement periods shown in the following table, subject to the exception provided in paragraph (d)(iii), according to the formula set forth in paragraph (e).

Measurement Periods
Base Month	Effective Date Measurement Month of Adjustment
March 2008	September 2008	January 1, 2009
September 2008	March 2009	July 1, 2009

Measurement Periods and Effective Dates conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Appendix is in effect.

 

(b) While a cost-of-living allowance is in effect, such cost-of-living

allowance will apply to straight time, overtime, vacations, holidays and to special allowances in the same manner as basic wage adjustments have been applied in the past, except that such allowance shall not apply to duplicate time payments, including arbitraries and special allowances that are expressed in time, miles or fixed amounts of money.

 

(c) The amount of the cost-of-living allowance, if any, that will be