Attachment A

Attachment A applies to pools that are paid at 160 miles or greater.
A scheduled work/rest cycle board may be established at ____________________  for employees assigned to the _________________

1. Employees will be allocated work/rest cycles by the Carrier at the Carrier's sole discretion. A work/rest cycle is defined as seven (7) consecutive days during which an employee is available for service, paid in lieu of service (PLDs, single-day vacation, compensated company business, etc.) or performs work (the work cycle) followed by three (3) consecutive rest days (the rest cycle).

This section means that the full work cycle must be observed, less any compensated days off, CBT, LCB PLD VAC etc.

1.1 Unless the employee elects to not observe all or a portion of the rest cycle, mark off for scheduled rest days will occur automatically at 7:00 a.m. or upon tie up from previous duty, whichever is later, on the first scheduled rest day. Markup will occur automatically so that the employee is available to protect service on duty after 7:00 a.m. on the day following the last scheduled rest day, and the employee(s) shall be placed pursuant to Sections 1.1.1 and 1.1.2 hereof.

1.1.1 If the employee's turn is at the home terminal and not in active service, the employee shall be placed on the turn.
1.1.2 In the event the employee's turn is either in active service or at the away-from-home terminal, the employee shall be placed to the bottom of the Board and shall assume the work/ rest cycle of the turn. When the turn arrives back at the home terminal it shall be removed from this pool.

Notice there is no more “awaiting turn”. If your turn is out of town, you go to the bottom of the pool on mark up, with your cycle. When your turn comes in, it is removed. If your turn is in town, you simply go back to it. Your turn will work during your rest cycle, with an XBD employee. This means, you may get a new place in the pool each time a rest cycle is observed.

1.1.3 Observed rest-cycle days must be consecutive.

Also, notice that the days must be consecutive. No day 1 and day 3 , but work day 2.

1.1.4 Employees who elect to not observe any portion of the rest cycle must advise Crew Support of their intent not less than 24-hours prior to the beginning of the rest cycle.

Notify time is now pushed to 24 hours, not 8 as current.

1.2 Employees observing the rest cycle will not be called to protect service with an on-duty time between 7:00 p.m. on the day immediately preceding the rest cycle and 7:00 a.m. on the first day of the rest cycle. In order to insure that employees will have three full rest days available for each rest cycle, employees called prior to 7:00 p.m. on the day immediately preceding the start of the rest cycle, and who do not tie-up at or before 7:00 a.m. on the first day of the rest cycle, will have their scheduled rest cycle begin upon tie up at the home terminal and it shall run for 72 hours.

The good point here is that you are protected from work from 1900 the evening before your rest cycle. However, if your turn goes to work prior to 1900 the evening before the rest cycle, you will have to protect it, and start your rest cycle when you tie up. Rest cycle will be for 72 hours, unless opted for less.

1.3 Except as provided under Section 1.2, employees going on work cycle will be available for call for assignments that begin on or after the 7:00 a.m. cycle time. Employees on rest cycles that are extended due to the 72-hour provision of Section 1.2 will be available for call for assignments that begin on or after the expiration of the 72-hour rest cycle period.

1.4 When the president, local chairman, secretary-treasurer and/or legislative representative of the Organization must be off during a work-cycle to conduct union business, the union officer shall not be deprived of observing the following rest-cycle due to the union business unavailability.

Those union officers conducting union business will not be penalized for laying off for conducting said business.

2. An employee who satisfies the conditions of the assigned work cycle, will not be considered to be in violation of any attendance guidelines or policies related to attendance then in effect, regardless of the number of weekend or total days absent during the rest cycle. To allow for "emergencies" the employee can take one unpaid layoff in each month, or if the employee remains on a position subject to the terms of this Agreement for three consecutive months, three unpaid days off during any three-month rolling period.

It needs to be understood that this cycle agreement is not like any old ones. This one does not allow for choosing rest cycle, or days outside the rest cycle. The agreement allows ONE day outside the cycle per month, or THREE days in a 3 month period. No longer can we take other days off, and work our rest cycle. The only layoffs that would not count are those under the smart rest agreement to break the consecutive day cycle.

3. Employees exercising displacement rights onto a turn in this pool must displace the junior employee and will assume the work/rest cycle of the employee or position to which they displace.

3.1 In the event the turn held by the junior employee is either in active service or at the away-from-home terminal, the employee exercising seniority to this pool shall be placed to the bottom of the Board and shall assume the work/rest cycle as provided above. When the junior employee returns to the home terminal, that turn shall be removed from this pool.
3.2 Employees in any work/rest pool shall not be allowed to bid or bump from one turn in the pool to another turn in the pool.

4. When an employee returns to this pool after having observed either a temporary or vacation vacancy that employee shall be placed pursuant to Sections 4.1 and 4.2 hereof.

4.1 If the employee's turn is at the home terminal and not in active service, the employee shall be placed on the turn.

4.2 In the event the employee's turn is either in active service or at the away-from-home terminal, the employee shall be placed to the bottom of the Board and shall assume the work/rest cycle of the turn. When the turns arrives back at the home terminal, it shall be removed from this pool.

Clarification is being sought for this section. Worded as is, it appears to penalize an engineer for taking a vacation, by requiring them to take a new cycle. It is supposed that one would be allowed to bump back to the old cycle (allowing that (s)he can still hold it. At this time, the interpretation is not assured. It seems that a returning engineer would have to bump the junior employee and assume that cycle. More later on this.

5. Employees in this service who are scheduled to observe a vacation of seven (7) days or more shall be allowed to adjust the start of that vacation to begin upon the expiration of the rest cycle.

5.1 Employees who desire to take advantage of this provision shall be required to notify Crew Support 24-hours prior to the start of the rest-cycle immediately preceding the vacation period.

5.2 Employees shall not be allowed to observe split vacation periods that are separated only by a rest cycle.

It appears that only one week may be linked to rest days. This part prohibits 2 weeks tied together with a rest cycle in the middle.

6. This Agreement only modifies existing agreements to the extent set forth, and all other schedule rules, agreements and/or other rights remain in effect.

7. These conditions may be extinguished by either party serving thirty (30) days written notice on the other party, with the understanding that the parties shall meet and address the issue(s) that caused the service of the cancellation notices. Furthermore, the parties commit to seeking resolution of those issues in an effort to preserve these conditions.

This is not a bad agreement for a pool. It’s hard to figure if this would work with our ID pool, since we tend to go to work every 3-4 days, but the option is there.

Good points – protected after 7:00 pm evening before rest cycle. Known days off.
Bad Point – Only authorized days off would be rest days and smart rest. Any other days off may result in attendance guideline issues.
 

Attachment B

This agreement would apply to our Engineer Extra Board.

Subject to the provisions of Sections 2 and 3 of the Agreement, a scheduled 6-2 work/ rest cycle overlay may be established at
for employees assigned to the ____________________

1. Employees will be allocated work/rest cycles by the Carrier at the Carrier's sole discretion. A work/ rest cycle is defined as six (6) consecutive days during which an employee is available for service, paid in lieu of service (PLDs, single-day vacation, paid company business, etc.) or performs work (the work cycle) followed by two (2) consecutive rest days (the rest cycle).

This agreement would require staying marked up for 6 days, then 2 days rest cycle. Those 6 marked up days may only be broken by smart rest, or any compensated day off, PLD, VAC, LCB, CBT etc.

1.1 Unless the employee elects to not observe all or a portion of the rest cycle, mark off for scheduled rest days will occur automatically at 7:00 a.m. or upon tie up from previous duty, whichever is later, on the first scheduled rest day. Markup will occur automatically so that the employee is available to protect service on duty after 7:00 a.m. on the day following the last scheduled rest day, and the employee(s) shall be placed pursuant to Section 1.1.1 and 1.1.2 hereof.

Clarification is being sought for this part. It says mark up to be automatic to be available for service on duty after 0700. Question is, what if the rest cycle starts later due to tie up time after 0700?

1.1.1 If the employee's turn is at the home terminal and not in active service, the employee shall be placed on the turn.
1.1.2 In the event the employee's turn is either in active service or at the away-from-home terminal, the employee shall be placed to the bottom of the Board and shall assume the work/rest cycle of the turn. When the turn arrives back at the home terminal it shall be removed from this pool.

Same thing here. When returning from rest cycle, engineer will assume position of turn if at home, but if turn is away, engineer will take new place at bottom of the board.

1.1.3 Where applicable, employees shall have their guarantee offset for each 24-hour period, or portion thereof, while observing the rest cycle.

Unlike smart rest, XBD guarantee would be offset for each day on rest cycle.

1.1.4 Employees who elect to not observe any portion of the rest cycle must advise Crew Support of their intent not less than 24-hours prior to the beginning of the rest cycle.

24 hour notice necessary, not 8 hours as now.

1.1.5 The rest cycle shall not be comingled with any 48-hour or 72-hour rest period mandated by the Rail Safety Improvement Act.
1.1.6 Employees who are required to observe either a 48-hour or 72-hour rest period mandated by the Rail Safety Improvement Act during the work cycle shall not be eligible to observe the next-following rest cycle.

Here’s a kicker – if you get caught up in the mandatory rest due to 6 or 7 consecutive day starts, you forfeit your next rest cycle. A reward for staying marked up, eh?

1.2 Employees observing the rest cycle will not be called to protect service with an on-duty time between 7:00 p.m. on the day immediately preceding the rest cycle and 7:00 a.m. on the first day of the rest cycle. In order to insure that employees will have two full rest days available for each rest cycle, employees called prior to 7:00 p.m. on the day immediately preceding the start of the rest cycle, and who do not tie-up at or before 7:00 a.m. on the first day of the rest cycle, will have their scheduled rest cycle begin upon tie up at the home terminal and it shall run for 48 hours.

Again, if observing the rest cycle, engineers will not be required to protect the board for any on duty time after 1900 the evening before. Bad thing, you will have to protect up to an on duty time of 1859, then have your rest day start on tie up.

1.2.1 Where applicable, employees unavailable between 7:00 p.m. on the day immediately preceding the rest cycle and 7:00 a.m. on the first day of the rest cycle pursuant to the operation of this section shall not have guarantee offset due to unavailability during this 12-hour period.

Guarantee will not be offset by the 1900 cut off time for protecting the board the evening before the rest cycle, as long as the cycle is observed.

1.3 Except as provided under Section 1.2, employees going on work cycle will be available for call for assignments that begin on or after the 7:00 a.m. cycle time. Employees on rest cycles that are extended due to the 48-hour provision of Section 1.2 will be available for call for assignments that begin on or after the expiration of the 48-hour rest cycle period.

Pretty straight forward.

1.4 When the president, local chairman, secretary-treasurer and/or legislative representative of the Organization must be off during a work-cycle to conduct union business, the union officer shall not be deprived of observing the following rest-cycle due to the union business unavailability. However, where applicable, guarantee shall be offset for each 24-hour period of unavailability, or portion thereof. Unavailability under this Section 1.4 shall not count toward guarantee forfeiture pursuant to Section 2 hereof.

Union officers conducting union business will not be dinged for being off UNB, but guarantee will be offset.

2. Where applicable, more than one unpaid unavailability event (meaning unavailability during any 24-hour period or portion thereof) during a payroll period shall result in forfeiture of guarantee for that payroll period.

This is the bad hook. If you take more than one day off outside the rest cycle, you will forfeit the entire guarantee for the half. This means if you lay off sick for 25 hours, you will forfeit the entire guarantee for the half.

3. An employee who stays marked up during the assigned work cycle, will not be considered to be in violation of any attendance guidelines or policies related to attendance then in effect, regardless of the number of weekend or total days absent during the rest cycle. For availability calculation purposes and to allow for "emergencies," an employee may take one unpaid layoff in each month, or if the employee remains on a position subject to the terms of this Agreement for three consecutive months, three unpaid days off during any three-month rolling period.

This is another bad hook. Remember, we will no longer be able to pick and choose whether we will lay off cycle days or not. This agreement requires you to observe cycle days only. ONE emergency day per month will be allowed outside the cycle. There will be no option for the 75%-25% layoffs. This means you could lay off only 4 days during 3 months, and if they were all outside the cycle, you would be considered in violation of the attendance guidelines.

3.1 This Section 3 contemplates availability standards and does not effect Section 2 of this Agreement.

4. Employees exercising displacement rights or force assigned to this pool or guaranteed extra board must displace the junior employee and will assume the work/ rest cycle of the employee or position to which they displace.

Standard procedure here. When bumping to the XBD, you would always have to take out the youngest engineer, and assume that cycle.

5. When an employee returns to this pool after having observed either a temporary or vacation vacancy that employee shall be placed pursuant to Sections 5.1 and 5.2 hereof.

5.1 If the employee's turn is at the home terminal and not in active service, the employee shall be placed on the turn.
5.2 In the event the employee's turn is either in active service or at the away-from-home terminal, the employee shall be placed to the bottom of the Board and shall assume the work/ rest cycle of the turn. When the turn arrives back at the home terminal, it shall be removed from this pool.

We are awaiting clarification of this section. As read, it appears engineers returning from vacation would not have a bump, nor would they have the option to go back to their cycle. This needs to be looked at, and is. More info as we get it.

6. Employees in this service who are scheduled to observe a vacation of seven (7) days or more shall be allowed to adjust the start of that vacation to begin upon the expiration of the rest cycle.

6.1 Employees who desire to take advantage of this provision shall be required to notify Crew Support at least 24-hours prior to the rest-cycle immediately preceding the vacation period.
6.2 Employees shall not be allowed to observe split vacation periods that are separated only by a rest cycle.

Same as attachment A. You will not be able to use 2 weeks vacation with a rest cycle in the middle.

7. This Agreement only modifies existing agreements to the extent set forth, and all other schedule rules, agreements and/or other rights remain in effect.
8. These conditions may be extinguished by either party serving thirty (30) days written notice on the other party, with the understanding that the parties shall meet and address the issue(s) that caused the service of the cancellation notices. Furthermore, the parties commit to seeking resolution of those issues in an effort to preserve these conditions.
 

There are several big problems with attachment B. They are the threat of the loss of all guarantee if 2 layoffs outside the cycle occur in a pay period, and the threat of a possible attendance guideline violation if more than on lay off outside the cycle occurs, whether or not those are the only layoffs for the entire month. (Smart rest is not affected by either attachment A or B.) Another negative is the cycle days float, based on tie up time. Also, there may be a problem with bumping back to your previous turn. There will be no more “awaiting turn”. Also, there’s the threat of losing a rest cycle if the board turns too much, and you get caught up in the mandatory 48-72 layoffs.

The plus is there will still be scheduled days off for engineers on the XBD. Those engineers won’t be at the mercy of the crew desk approving layoffs.