Article 32

Article 32
Representation and Adjustment Matters

1. The General Committee of Adjustment, BLE, will represent all locomotive engineers in the making of contracts rules, rates and working conditions and interpretations thereof.

2. The right of any engineer, fireman, hostler or outside hostler helper to have the regularly constituted committee of his organization represent him in the handling of his grievances, under the recognized interpretation placed upon the schedule involved by the officials of the Company and the general committee making the same, is conceded.

B. TIME LIMIT ON CLAIMS

1. All claims or grievances must be presented in writing by or on behalf of the employee involved, to the Superintendent within sixty days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within sixty days from the date same is filed, notify the employee or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the carrier as to other similar claims or grievances.

2. If a disallowed claim or grievance is to be appealed such appeal must be taken within sixty days from receipt of notice of disallowance from the Superintendent. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances.

3. The procedure outlined in paragraphs (1) and (2) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within sixty days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within six months from the date of said officer's decision proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the six months period herein referred to.

4. All rights of a claimant involved in continuing alleged violations of agreement shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.

5. This rule recognizes the right of representatives of the organization party hereto to tile and prosecute claims and grievances for and on behalf of the employees they represent.

6. This rule shall not apply to requests for leniency.

C. TIME LIMIT ON PROTECTIVE CLAIMS

The following shall apply in the handling of claims for compensation alleged to be due under various employee protective agreements, conditions or other arrangements.

1. (a) The instant claim by the employee to be filed with the Superintendent for division processing and determination by the Assistant Director of Labor Relations.

(b) Appeal of the instant claim shall be submitted by the General Chairman to the Assistant Director of Labor Relations.

(c) Final appeal shall be by the General Chairman and directed to the Director of Labor Relations.

2. (a) All such claims must be filed by the employee not later than seventy-five (75) days from the last day of the month for which a claim is being made. Claims not made within this time limit will not be entertained or allowed.

(b) When claims for compensation alleged to be due have been presented in accordance with paragraph (2) (a) and are not allowed, the employee(s) will be notified of the reason for the declination in writing within seventy-five (75) days from the date such claims were received. When not so notified, claims will be allowed.

3. At each successive step of the above procedure, appeals from decisions regarding claims for compensation alleged to be due will be made within sixty (60) days or they will not be entertained or allowed. When such timely appeals are not allowed, the General Chairman will be notified of the reason for the declination, in writing within sixty (60) days from the date of appeal. When not so notified, claims for compensation alleged to be due will be allowed.

4. Failure to comply with the time limits set forth above will cause the matter to be closed, but this shall not be considered as a precedent or waiver of the contentions of either party to a similar claims.

5. All claims involving a decision by the Director of Labor Relations shall be barred unless, within one (1) year from date of said officer's decision, proceedings are instituted by the employee or his representative before the arbitration panel prescribed by the particular employee protective agreement, conditions or arrangements involved.

D. COMMITTEES (Applicable to Southern Only)

A committee of engineers desiring to present any matter to any proper official, will be granted leave of absence as soon as possible after application has been made.

E. DISMISSAL FOR COMMITTEE WORK (Applicable to Southern Only)

No engineer will be dismissed from the service of the Company for serving on an adjustment committee.

F. NOTIFICATION OF SETTLEMENT

When monetary claims are settled at any level in correspondence or in conference the Local or General Chairman appealing the claim will be notified as soon as practicable as to amount paid and payroll period in which paid.

G. TIME CLAIMS (Applicable to Southern Only)

If time be not allowed, men will be promptly notified and reasons given therefore.

(Applicable to NONE Only)

When pay is not allowed as claimed, engineers will be advised of the amount allowed. Further claim for pay so declined will be made in writing and if found correct will be allowed.

Additional sums in excess of $50.00 allowed after completion of payroll will be paid by check.

(Applicable to AGS Only)

In the event of any questions arising between the Company and engineers in regard to time made, they will make written statement and forward to Superintendent; the time shown on shop register, engineers, time slips and train sheets will establish the arriving or leaving time. if it is found that a shortage of pay of an engineer exceeds fifty ($50.00) dollars, time checks for the amount of shortage will, upon request of proper officer, be issued to cover; in case any time claimed by any engineer is not allowed, they will be promptly notified.

H. PAYCHECK DETAILS (Agreement of August 30, 1972)

The Carrier will establish a system of notifying each employee of the compensated dates covered by his paycheck for each payroll period. The format of such notification, the information, coding, and detailed elements will be developed over the next sixty (60) days and such advice will be furnished the General Chairman at that time. This system will be installed effective with the payroll period for the second half of November 1972.

This page last updated: 03/06/2005