Article 19

Article 19
Engine Equipment

1. Cabs of locomotives shall be cleaned and supplied with individual portions of fresh sanitary drinking water, refrigeration for water and lunches, paper towels, paper cups and towelettes, by employees other than ground crew members.

The neutral finds part of the organization's proposal justified and part unjustified.

For instance, the neutral does not find it necessary for mechanical refrigeration to be provided on each locomotive. Rather, so long as the locomotive is equipped with adequate space and refrigeration to keep water and lunches cool, the locomotive is adequately equipped and supplied , according to the neutral.

However, the neutral agrees with the organization that the locomotives should be supplied with individual portions of fresh sanitary drinking water.

B. EQUIPMENT

Openings in locomotive cabs will be closable and maintained in proper working order. Hoods (awnings) will be provided over engineers cab window and necessary comfortable seats and armrests provided. During winter months, engine cab will be equipped with heater to keep the cab comfortable.

C. RADIO-TELEPHONES (BLE NATIONAL AGREEMENT - MAY 13, 1971)

It is recognized that the use of radio/telephones or comparable equipment is part of the engineer's duties without arbitraries or additional payment. However, his duties and responsibilities shall be pursuant to the operating rules or special instructions and any applicable Federal and State regulations the same as other operating employees.

LOCOMOTIVE STANDARDS (1986 BLE Agreement)

In run-through service, a locomotive which meets the basic minimum standards of the home railroad or section of the home railroad may be operated on any part of the home railroad or any other railroad.

A locomotive which meets the basic minimum standards of a component of a merged or affiliated rail system may be7 operated on any part of such system.

LOCOMOTIVE DESIGN, CONSTRUCTION AND MAINTENANCE (per 1986 BLE agreement)

Section 1 - Maintenance of Locomotives

The parties recognize the importance of maintaining safe, sanitary, and healthful cab conditions on locomotives.

This Agreement affirms the carriers' responsibility to provide and maintain the aforementioned conditions particularly, although are not limited to, such locomotive cab conditions as: heating, water coolers, toilet facilities, insulation, ventilation-fumes, level of cab noise, visibility, lighting and footing.

The parties recognize that one way to achieve and maintain safe, sanitary, and healthful cab conditions on locomotives is by establishing procedures on each railroad for monitoring cab conditions and expediting the reporting and correction of maintenance deficiencies.

A. Local Implementation

Each individual carrier will designate an appropriate official(s) who will contact the BLE General Chairman (Chairmen) and arrange a meeting within 30 days from the date of this Agreement for the following purposes:

(a) Review the policies on the individual railroad concerning the existing procedures for reporting and correcting locomotive deficiencies, assess the effectiveness of such procedures, and, where appropriate, establish methods for obtaining more satisfactory results.

(b) Institute a program whereby the Local BLE representative and the carrier's supervisors at each facility will participate in direct discussions regarding any maintenance problems at the locations under their jurisdiction for the purpose of carrying out the intent of this understanding, including evaluating the reports and suggestions of either party and implementing agreed-upon solutions thereto.

B. National Committee

A national committee will be established within 30 days from the date of the Agreement, consisting of two members of the National Carriers' Conference Committee and two representatives of the BLE. The Committee may review and make recommendations with respect to any maintenance problem on an individual property that is referred to it by either party after efforts to resolve such matter on the individual property have been exhausted.

The Committee may also consider any matter where the parties on an individual property have jointly concluded that the subject matter is one that may be addressed more appropriately on a national level.

Section 2 - Dispatchment of Locomotives

A locomotive will not be dispatched in road service from engine maintenance facilities where maintenance personnel are readily available, and an engineer will not be required to operate the locomotive pending corrective action, if the engineer registers a timely complaint with supervision with respect to the controlling unit of the consist that is determined on investigation to be valid concerning -

(a) the existence of a federal defect, as defined by the Federal Railroad Administration, with respect to the following matters:

Exhaust gases (ventilation)

Cab lights

Locomotive cab noises

Cabs, floors and passageways (footing) (cab seats) (vision) (heat)

-and-

(b) other conditions as follows:

Lack of clean, sanitary toilet

Lack of adequate cooled, potable water

Lack of adequate toilet paper or hand towels

Should the complaint be found valid, and if there is another unit in that consist or otherwise readily available which will eliminate the protest, the units will be rearranged provided such rearrangement will not result in unreasonable delay to the train. If the engineer performs the work to accomplish the rearrangement, no additional payment(s) will be allowed. If, however, the official makes a good faith determination that the locomotive is suitable for dispatch, the engineer will proceed with the assignment

An engineer will invoke the foregoing right in good faith and where a reasonable person would conclude that the carrier is in substantial non-compliance, i.e., more than technical non-compliance.

In determining the reasonableness of an engineer's complaint, among the factors to be considered are the timeliness of the complaint, the accessibility of the means to take corrective action, the seriousness of the deficiency, the engineer's ability or inability to correct the deficiency with means at his disposal and whether or not an unreasonable train delay would be incurred.

Section 3 - Locomotive Design and Construction

In recognition of the desirability of consultation with the General Chairman (Chairmen) prior to the ordering of new locomotives, or while formulating plans to modify or retrofit existing locomotives, the parties agree that, before any design and construction changes in locomotives are made which change safety or comfort features of the locomotive, the designated officer of each individual railroad will contact the General Chairman (Chairmen) providing him with the opportunity to furnish the carrier with his recommendations for full and thoughtful consideration by the carrier.

This Section 3 does not disturb existing local agreements that set forth required specifications for particular locomotive appurtenances or components.

This page last updated: 03/06/2005