BMWE-NEC
Side Letter No. 3,
dated June 27, 1992
Side Letter No. 3
June 27, 1992
Mr. J. Dodd, General Chairman
Brotherhood of Maintenance of Way Employes
1930 Chestnut Street, Suites 607-609
Philadelphia, PA 19103
Mr. J. J. Davison, General Chairman
Brotherhood of Maintenance of Way Employes
450 Chauncy Street
Mansfield, MA 02048
Dear Sirs:
This letter has reference to our negotiations of the revision of Rule 42 as agreed in our June 27, 1992
Agreement.
This confirms that Amtrak's current practices regarding the composition of three trick operations will
remain unchanged. Further, Side Letter No. 3, dated January 5, 1987 and Exhibit A, Letter No. 4, May
27, 1982, remain in effect. Previous starting time (Rule 42) Side Letter Nos. 1 and 2, dated January 5,
1987, Side Letter Nos. 4 and 5 dated January 22, 1987, and the Rule 42 Side Letter of April 22, 1982 are
superseded by this letter.
Lighting sufficient for the safe operation of a maintenance gang will be provided for any gang working in
tunnels or at night. Should the BMWE dispute the sufficiency of the lighting, representatives of the BMWE
and Amtrak shall promptly meet to resolve the dispute.
The High Rail Platform Truck will be protected by Operating Rules and Instructions, Rules 829-830
while in operation. These rules provide among other tiems for Train Orders and Blocking Device
Protection. Additionally, Operating Rules and Instructions, Rule 815 will govern vehicle lighting. Rule 815
requires lighting both in front and rear. Finally, the operator of the High Rail Platform Truck as an added
protection will ensure that reflective or lighted barricades are provided at each limit of the work area.
Electric Traction Wire Truck Gang(s) established under Rule 42(c) will have a crew established at not
less than four (4) positions. Electric Traction Wire Truck Gang(s) so established will perform inspection,
maintenance, repair and other catenary work not to exceed the capacity of the truck.
45
BMWE-NEC
Side Letter No. 3,
dated June 27, 1992
Side Letter No. 3
June 27, 1992
Page Two
When ET "Class A" men are assigned for protection purposes with starting times established pursuant to
paragraph (c) of Rule 42, they shall be paid at the Gang Foreman's rate of pay. The payment of such rate is
applicable only during the times such employees have starting times established in accordance with
paragraph (c) of Rule 42 and will not serve to establish seniority in the Gang Foreman class for such
employees.
FOR THE NATIONAL RAILROAD
PASSENGER CORPORATION
FOR THE BROTHERHOOD OF
MAINTENANCE OF WAY EMPLOYES
/s/ J. P. Lange
/s/ Jed Dodd
__________________________________
J. DODD, GENERAL CHAIRMAN
J. P. LANGE
ASSISTANT VICE PRESIDENT
LABOR RELATIONS
/s/ John J. Davison
__________________________________
J. J. DAVISON, GENERAL CHAIRMAN
46
BMWE-NEC
Side Letter No. 3,
dated January 5, 1987
Side Letter No. 3
January 5, 1987
Mr. J. J. Davison, General Chairman
Brotherhood of Maintenance of Way Employes
135 Burnside Avenue
Room B-4
East Hartford, CT 06108
Mr. J. Dodd, General Chairman
Brotherhood of Maintenance of Way Employes
Carlton House - Suite 303
1819 J. F. Kennedy Boulevard
Philadelphia, PA 19103
Gentlemen:
This letter of understanding refers to negotiation of revised Rule 42(g)1. - Starting Time Hours - Change
In, Special Construction Gangs Exception, of the January 5, 1987, Agreement and will become effective
upon ratification of that Agreement by the Organization.
It is understood that the increased allowance outlined in Rule 42(d) will apply to any hours,or portion of
an hour, worked by gangs operating under the terms of the November 3, 1976 Special Construction Gang
Agreement.
If the foregoing reflects our understanding in this regard, please sign where indicated.
Very truly yours,
/s/ L. C. Hriczak
_________________________________________
L. C. Hriczak
Director-Labor Relations
I CONCUR:
/s/ John J. Davison
___________________________
J. J. Davison
General Chairman
/s/ Jed Dodd
___________________________
J. Dodd
General Chairman
47
BMWE-NEC
Letter Agreement governing District Rates
dated December 22, 1992
December 22, 1992
Mr. J. Dodd, General Chairman
Brotherhood of Maintenance of Way Employes
1930 Chestnut Street
Suite 607-609
Philadelphia, Pennsylvania 19103
Dear Mr. Dodd:
This has reference to Rule 42 of the labor agreement and recent discussions with regard to negotiation
of that new rule.
It is understood that effective January 1, 1993, employees in Surfacing Gangs, Welding/Joint Elimination
Gangs and Switch and Rail Renewal Gangs who received the district rate of pay when working outside the
starting times permissible in paragraphs (a) and (b) of the former Rule 42 will receive the district rate of pay
when working in a window established outside the starting times permissible in paragraphs (a) and (b) of the
new Rule 42.
Very truly yours,
/s/ L. C. Hriczak
_______________________________
L. C. Hriczak
Director-Labor Relations
I CONCUR:
/s/ Jed Dodd
J. Dodd
General Chairman
48