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Article
21
Meal and Lodging Accommodations
A. 1. (Applicable to Southern Only)
Road engines will not be tied up between their terminals
except at points where food and lodging can be procured.
2.
(Applicable to AGS only)
Except
in compliance with Hours of Service Law, in accordance with Article 23,
or as otherwise provided, engineers will not be relieved between
terminals unless the line is obstructed by Act of Providence.
3.
(Applicable to NONE Only)
Except
as provided elsewhere, engineers on passenger, all freight or mixed
trains will not be relieved between terminals and held for further
duties except in compliance with the Hours of Service Law, or federal or
state laws, when said laws govern, or when the line is broken by Act of
Providence, or if so relieved and deadheaded to a terminal, time will be
computed until their arrival at terminal.
B.
LODGING (BLE Agreement of January
18, 1965, amended 1978, 1986, 1991 and last amended in 1994.)
1. When carrier ties up a road service crew, including
crews on work, wreck, and construction train (except short turnaround passenger crews), or
individual members thereof, at a terminal (including tie-up points named by assignment
bulletins, or observed by practice, as regular points for tying up crews) other than the
designated home terminal of the crew assignment for four (4) hours or more, each engineer
so tied up shall be provided suitable lodging at carrier's expense.
2. Extra engineers filling temporary vacancies at outlying
points shall be provided with suitable lodging at carrier's expense subject to the
following conditions:
(a) The outlying point must be either 30 miles or more
from the terminal limits of the location where the extra list from which called is
maintained, or 60 miles or more from the reporting point of the extra list from which
called.
(b) Lodging will be provided only when extra men are held
at the outlying point for more than one tour of duty and will continue to be provided for
the periods held for each subsequent tour of duty.
EXAMPLES:
1. Extra engineer sent to an outlying point which is more
than 30 miles from the terminal limits as in paragraph (a) above and is held more than
four hours in advance of the time he is needed to fill the vacancy shall under these
circumstances be furnished lodging only when to be held for more than tour of duty.
2. Extra engineer who has been relieved after completing
last tour of duty at an outlying point but deadhead trip to his terminal does not commence
for more than four hours after being released shall be furnished lodging.
3. Extra engineer or an engineer who is a member of a road
service crew tied up for four hours or more as shown in (1) and (2) above shall be
furnished lodging, however, if tied up for twenty-four hours additional day's lodging will
be furnished.
NOTE (1) A allowance of $2.00 in
lieu of providing lodging will be paid only
if it is not reasonably possible for carrier to furnish lodging.
NOTE (2) Suitable lodging shall consist of the following:
a. Single occupancy bedrooms equipped with comfortable
beds.
b. Accommodations will be air-conditioned.
c. Central bath and toilet facilities, with necessary
supplies, will be provided on each floor.
d. Clean linens will be furnished and changed by other
than employees after each occupancy.
e. Reading room, separate from the other facilities,
equipped with ample lighting and comfortable chairs, will be provided.
f. Adequate facilities and space for the preparation and
eating of light meals will be provided.
C. (BLE National Meals Agreement of May 13, 1971, last
amended November 1,1994.)
1. When carrier ties up a road service crew, including
crews on work, wrecker and construction trains (except short turnaround passenger crews),
or individual members thereof, at a terminal (as defined in Paragraph 2 of this Article
21(B)2) other than the designated home terminal for four (4) hours or more, each engineer
so tied up shall receive a meal allowance of $6.00, and if held an additional 8 hours an
additional $6.00 meal allowance will be provided.
2. Extra engineers filling temporary vacancies at outlying
points who meet the criterion as outlined in paragraphs (a) and (b) of Article 21 (B)2
shall if held for four (4) hours or more receive a meal allowance of $6.00. If held an
additional eight (8) hours an additional $6.00 meal allowance will be paid.
EXAMPLES:
1. Extra engineer sent to an outlying point which is more
than 30 miles from the terminal limits as outlined in paragraph (a) of Article 21 (B)2 and
is held more than four (4) hours in advance of the time he is needed to fill the vacancy
shall receive a meal allowance of $6.00.
2. Extra engineer sent to an outlying point and is held
for more than four (4) hours following a tour of duty at an outlying point for another
tour of duty shall receive a meal allowance of $6.00. If held an
additional eight (8) hours
an additional $6.00 meal allowance will be paid.
3. Extra engineer who has been relieved after completing
last tour of duty at an outlying point but deadhead trip to his terminal does not commence
for more than four hours after being released shall receive a meal allowance of $6.00.
4. Extra engineers or an engineer who is a member of a
road service crew after being tied up twelve hours or more has been allowed two meal
allowances and he then performs an additional tour of duty and is again tied up would
receive a meal allowance of $6.00 when tied up more than four (4) hours and if held an
additional eight (8) hours, an additional $6.00 meal allowance will be paid. It is
understood that only two meal allowances will be paid when tied up between tour of duty at
an away-from-home terminal (outlying point) in excess of twelve (12) hours.
D. Mediation Agreement
(A-9610 of October 13, 1975)
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a. On October 20, 1975, (or within ten days after the execution of this
agreement, if later), the Carrier will move engine service employees
represented by the Brotherhood of Locomotive Engineers and now tied up
at Chattanooga as their away-from-home terminal, to the Patten Hotel or
the Plaza Hotel.
b.
The hotel(s) will provide the necessary transportation of crews for
their on and off duty points to and from the hotel. This service will be provided on a reasonably prompt
schedule. If not provided
within 30 minutes of being relieved from duty, the employee(s) may order
a taxi, and such expense will be borne by the Carrier.
c.
It is understood that these employees will not be on duty and under pay
during the period of transportation and they will not be covered by the
present off track vehicle insurance agreement.
d.
As a condition of the lodging contract at Chattanooga, the Carrier will
require adequate liability Insurance be maintained by the hotel and/or
the transportation company to cover employees being transported.
Such information will be conveyed in writing to the signatory
parties.
2. While housed in public facilities, it is understood
that:
a. The cost of any personal hotel services (such as
personal telephone calls made by employees from their hotel rooms) must be borne by the
employee.
b. If an employee if refused admittance by the hotel
management to the hotel because of former misconduct at that lodging facility, the
Carriers' obligation to the employee has been satisfied during the period such admittance
is refused.
3.
The Brotherhood of Locomotive Engineers recognizes the right of
the Carriers to determine whether they will provide dormitories or use
commercial hotels or motels to satisfy the requirement of their
obligations to provide suitable lodging for engine service employees at
any point. However, the interested General Chairmen of the Committees
signatory to this Agreement will be afforded an opportunity to review
and discuss with the Carriers all such plans regarding their
constituting suitable lodging prior to the start of construction of any
new dormitory or move to a different commercial hotel or motel.
4. In view of the
particular location of the crew dormitories at Norris Yard, Birmingham,
Alabama and Macon, Georgia, as well as the proposed site for the new
dormitory to be constructed at deButts Yard, Chattanooga, Tennessee,
Carriers will arrange to provide transportation (at no expense to the
employees) on a reasonable schedule during normal meal hours to and from
nearby locations where and when food is available and which cannot be
reached by public transportation from these dormitories or are beyond a
convenient walking distance from them.
Such schedule of transportation shall be adjusted from time to
time to meet the demand or lack of demand for such service. It is understood that these employees will not be on duty and
under pay during this period of transportation and they will not be
covered by any off track vehicle insurance agreement. (Adequate
liability insurance coverage will be obtained and the Carriers will
determine and will advise the BLE General Chairmen of the amount of such
liability insurance that is applicable to this transportation.)
5. The Carriers will furnish suitable lodging to crews on
work, wreck, and construction trains. This will not affect or prejudice the application of
any other rules (such as away-from-home terminal rules, deadheading rules, rules affecting
outlying points, etc.).
6. (Omitted)
7. (Omitted)
8. All other dormitories, motels and hotels now being
provided by the Carriers presently appear to meet the suitable lodging facility
requirements of the effective agreements,. but any questions regarding such matters that
may arise will be handled locally between the local chairman and the superintendent,
subject to appeal directly to Assistant Vice President, Labor Relations, by the General
Chairman.
E.
OAKDALE
It has been
demonstrated that the number of crews tied up at Oakdale, Tennessee, for
a period in excess of four hours is substantially greater than the
number of crews tied up four hours or longer at any other away-from-home
terminal on the lines of the Carriers, many of such crews being used in
pool crew service to operate turns out of Oakdale, Tennessee; therefore,
it is agreed:
1. In view of the
differing circumstances surrounding this away-from-home terminal which
collectively distinguish it from all other away-from-home terminals at
which crews are tied up, the Carriers are willing to arrange for the
establishment of a commercial restaurant at Oakdale, Tennessee, for the
use of crews tying up at such point.
2. The practice of
constructing dormitory facilities with adequate facilities and space for
the preparation and eating of light meals will not apply at Oakdale,
Tennessee.
3.
The Carriers will not be expected to provide any vending machines for
food at Oakdale, Tennessee.
4.
It is agreed that the Organization will not make any request or demand
for the establishment of a restaurant facility at any other
away-from-home terminal, tie-up point or terminals on Carriers' lines;
however, in the event the Organizations signatory hereto serve notice
under Section 6 of the Railway Labor Act, as amended, calling for the
establishment of a restaurant facility at any point on Carriers' lines
other than Oakdale, Tennessee, this agreement, with the exception of
Section 2 above, shall immediately be abrogated except that in the event
conditions at the point covered by such Section 6 Notice have materially
changed to the point they are comparable to conditions existing at
Oakdale, Tennessee, the provisions of this Section 4 shall not apply.
When conditions as referred to above change to the extent that
either party signatory hereto contends that such conditions are
comparable to those at Oakdale, the Carriers and the Organization (at
the request of either party) will confer prior to any formal request,
demand or notice, and will attempt to jointly determine if the changed
conditions do actually and materially compare with conditions at
Oakdale.
This
page last updated:
03/06/2005
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