BLE
General Committee of Alteration continues to work for the benefit of the
T'men on New Jersey Transit
New Contract agreement about to be
signed**
When it comes to negotiating modifications to their contract with New Jersey Transit the members of the United T'men's Union Negotiating Committee have a tough row to hoe. Their negotiating position is hampered by two very important agendas:
1. The Federal government, following (like
the toadies that they are) the misguided policies of President
George W. Bush, wants to privatize all railroads presently subsidized by
the government and that includes New Jersey Transit.
2. By the time the United T'men's Union, with the help of the UTU International's
self-serving corporate lapdogs, completes the
negotiation process with the Company the trainmen will consider a term of 2
- 5 years in Avenel Correctional Facility for the Sexually Confused to be a good deal for, with the help of the UTU
International, the trainmen will not be bargaining, they will be plea
bargaining.
With this in mind, some of the more
mischievous members of the
Brotherhood of Locomotive Engineers on New Jersey Transit property, eager to help their brothers in the
uniformed ranks, have come up with a contract that not only deals with the
two agendas listed above but will be most lucrative for the members of the
United T'men's Union and acceptable to the members of the New Jersey
Transit Board of Directors. While the changes in the conditions of employment for the
T'men
will require a transition period, that transition period will be painless for
the membership.
Terms of the suggested contract are as follows:
Memorandum of understanding between New Jersey Transit (referred to hereafter as The Company) and the United T'men's Union.
Part I: Assignment changes and Evaluation
The assignments as outlined in the run sheet in effect on January 1,
2005 will be frozen in place with no changes for a period of one year.
Crews working these assignments will not be allowed to move from their
assignments during the transition period. All pay and benefits will
likewise be frozen in place.
The extra list will continue to perform service according to the current contract
during the transition period.
During this one year transition period each revenue producing assignment will be evaluated based on the total revenue collected on the assignment (this will allow those "UTU" members who are trading revenue for gratuities to start collecting fares and thereby increase the value of their assignments). The evaluation will be conducted by an outside accounting firm chosen from a list recommended by the New Jersey Department of Commerce and the State Attorney General's office. A committee made up of an odd number of members from the United T'men's Union and The Company will make the choice. A simple majority vote will decide the outcome of the selection. The higher the revenue collected the more valuable the job.
Once each assignment is evaluated it will continue to be evaluated based on the total revenue collected. This evaluation will take place every six months by an independent outside accounting firm and the results posted and distributed to each T'man under contract with The Company. The results of the evaluation will determine the value of each assignment.
Part II: Changes in Crew Status
The Conductor and Assistant Conductor on each frozen assignment will, within the first six months after the contract is ratified, be required to form a partnership under Title V, Section 15.4, subpara 2b(b) of the New Jersey State Code for Incorporation as a Partnership. Legal services required for the formation of the partnership and the contractual agreement between the partnership and The Company will be provided gratis (that means free of charge) by The Company and the State's Attorney General's office in cooperation with the faculty and students of the Rutger's University School of Law. Each partnership will be grandfathered into the assignment they presently fill. They will "own" the assignment and cannot be bumped from it once the applicable contract provisions go into effect. For purposes of this contract the term "assignments" in reference to a combination of train schedules worked by a single crew will now be referred to officially as "franchises" and the Conductor and Assistant Conductor will be referred to as "Partners" so as to interact with The Company in a legal and proper manner. Due to New Jersey State laws relating to such partnerships and their subsequent contractual relationship with The Company, members of the newly established partnerships will no longer be represented by the United T'men's Union but by legal counsel of their choosing. T'men who are on a job due to an extra bump or a temporary pick on a vacancy may, at their option remain on that assignment during the evaluation period and apply for a "Partnership" with the other T'man on that assignment or return to the Extra List.
Movement of franchisees between franchises or partners between partnerships will only be allowed through negotiation between the owners of the franchises or members of the partnerships involved and with the concurrence of The Company. If, for instance, a member of a partnership wants to leave that partnership for another partnership the departing partner must find a replacement suitable to the remaining partner or offer a cash or other settlement suitable to both parties and The Company. If a partner in a franchise wishes to retire then another T'man who wishes to take his place must offer a cash settlement or other suitable inducement to the retiring franchisee based on the valuation to the franchise. This arrangement can provide a retiree with a large cash settlement to fund his retirement. A partnership that increases the value of the franchise may be able to sell the franchise for a healthy profit thus financing well funded retirement or provide funds to move up to a franchise with a better valuation by providing a substantial down payment.
Part III: Fiduciary responsibility of the Partnerships
All revenues above the costs incurred in the lease and operation of the equipment including the cost of reimbursement to The Company for damage to equipment and ancillary paraphernalia used as part of the lease and operation will become the sole property of the partnership to be divided among the members of the partnership according to an agreement signed by the partners and the concurrence of The Company. Additional financial obligations to The Company above and beyond those set out in the Lease Agreement must be submitted to The Company on a schedule agreed upon by the Partnership and The Company. Failure to submit monies owed to The Company by the Partnership may lead to legal action by The Company against the Partnership resulting in additional fines and forfeiture of the franchise.
Part IV: Temporary/casual workforce
Members of the United T'men's Union who, for reasons of seniority or choice cannot or opt not to hold a position in a partnership will be eligible for temporary/casual work on a daily basis and may elect to continue membership in the United T'men's Union. Members of the United T'men's Union, who wish to avail themselves of the opportunity to work on a temporary/casual basis must make themselves available at the entrance to the yard/terminal out of which they want to work. Temporary/casual workers must be in uniform or clothing appropriate to the type of service they wish to perform and ready to work and must register with the yardmaster before they become eligible to be selected for duty.
Partnerships may hire extra T'men as necessary to help collect revenue during an assignment on temporary/casual basis as they see fit. Extra T'men must be registered with The Company prior to registering for temporary/casual work with the yardmaster and will be paid at a day rate to be determined by the partnership and the Extra T'man. The Extra T'man must provide his/her own uniform subject to the approval of The Company. The cost of these extra T'men will be entirely borne by the partnership at no cost to The Company. All extra T'men hired by the partnership, as well as members of the partnership, must meet the requirements of The Company as to knowledge of physical characteristics over the territory they are going to work and rule book qualifications and must have passed a qualifying physical exam within the past twelve months.
Franchisees will certify, before each trip, that each member of the partnership and all it's hired staff is qualified on physical characteristics, rules and special instructions in effect for the equipment and territory to be run and that all members of the crew are physically qualified to perform service.
United T'men's Union members who cannot join a partnership at the time this contract goes into effect and do not wish to remain on a T'men's extras list to called by a partnership as required by the partnership will be given an opportunity to join the selection process for the Locomotive Engineer's Training Program (LETP). The normal fee for the training program will be waived if the applicant signs an agreement to appear on a "Survivor Reality Program" to be filmed by FOX, Channel 5. Successful completion of the Locomotive Engineer's Training Program will allow the candidate to enter a pool of candidates for selection by The Company as a Lease Engineer or become a member of the Navy's elite Seal Team 2 as a lesser alternative.
Part V: Non-revenue workforce
The Company will need non-revenue Conductors and Assistant Conductors on a regular basis. These workers will be called daily from a list of temporary/casual workers registered at the yard/terminal where the work is required. Temporary/casual workers will not be required to wear uniforms but will be required instead to wear clothing that meets the requirements of The Company's rules and policies, a copy of which must be in the possession of all partners and temporary/casual workers while they are on Company property. The rate of pay for temporary/casual workers will be the cost of healthcare plus 5% per hour. Time and a half rates will be in effect after ten hours.
Part VI: Leasing equipment
Each partnership will lease the equipment required for their franchise from The Company based on the number of cars and locomotive type, the number of miles the franchise runs each week, and the fuel consumption, or kilowatts consumed. Locomotive engineers will be provided and paid for by The Company. The engineer's wages and benefits will be those negotiated between the BLE and The Company and the cost passed on to the partnership via the Lease Agreement. The cost of the lease will be paid on the first of each month with one month's advanced lease payment held in escrow by The company. Interest from escrow accounts will be accumulated and paid to the lessee upon termination of the Lease Agreement minus costs of damage to equipment, legal, and termination fees, etc. Changes to the Lease Agreement may be made subject to the concurrence of both parties. The Lease Agreement can be amended for consist size and/or locomotive type only once every thirty days. The cost of services provided to the partnership by The Company such as, but not limited to, track structure, signals system, Dispatchers, and station services (waiting rooms and ticket sales) will be included in the Lease agreement.
Equipment and its operation will comply with all Federal, State, and New Jersey Transit rules and regulations and applicable laws in effect for that train. New Jersey Transit's mechanical department will certify, each day before the release of the equipment for service, that the equipment complies with all regulations in effect at the time of release. A member of the partnership will sign for the equipment certifying the acceptance of the Mechanical Department's certification of compliance and fitness for service.
Part VII: Increasing income through inducements
Partnerships will be allowed to offer inducements to increase ridership such as advertising, snack service, and may modify the interior and exterior of the equipment to better attract riders within the limits of the lease agreement. Damage incurred by the equipment during such modifications will be charged to the lessee.
To further increase revenues for the partnership the standard blue and grey uniform will be withdrawn from service and be replaced by a uniform identical to those worn by NASCAR drivers and pit crews. The revenue generated by the advertising logos on the uniforms will be split between The Company and the partnership based on a formula to be negotiated between a committee formed by the partnerships and The Company. The members of a committee formed by the partnerships and The Company will cooperate to solicit advertising and ads must be approved by both parties before they can be added to the uniform. The uniform will include a full faced NASCAR helmet with a NEXTEL phone in the left ear and a radio with all required channels in the right ear. A wireless connection to the train's PA system will also be included in the helmet technology. A Lexan face plate will satisfy the rule requiring the wearing of protective eye wear.
The Company is amenable to "Casual Fridays" as a morale booster for partners and their temporary/casual workers as long as the casual wear complies with Company policy on attire in the workplace. A copy of this policy is available by mail from The Company's Department of Workplace Apparel Oversight at The Company's headquarters.
A one time $1,000.00 signing bonus will be distributed to each and all current (as of 1 January, 2005) members of the United T'men's Union within six months of ratification of this contract.
Part VIII: Penalties for violation of contract
Penalties for rules and policy violations by franchisees and their temporary/casual employees will be determined at a hearing before Company Officers and may result in banishment from the property for a specified period of time or the requirement of a financial settlement between the partnership and The Company.
Failure to operate the entire schedule contained in the franchise contracted with The Company or failure to operate trains that are part of the franchise within 5 minutes and 59 seconds of On Time per the published schedule and contractual commitment will result in monetary penalties to franchisees. These penalties will be based on a negotiated penalty fee structure. Franchisees will not be subject to penalty fees for late trains if the trains are delayed due to equipment, signal, or other "system" failures, weather or "Acts of God" related delays that cause more than twenty percent (20%) of the trains run within a two hour period to be late.
Part IX: Group health plan
Participation in group health benefits program provided by The Company will be the sole discretion of the partnership. The Company will provide health insurance plans in varying levels of protection at a group rate to the partnerships. This cost, which will not be part of the lease agreement, will paid to The Company on the first day of each month for each participating member of the partnership. Casual workforce trainmen who remain members of the United T'men's Union will be eligible for health plan coverage by paying 25% of the applicable healthcare costs and a $50.00 co-pay for each visit to a doctor or healthcare provider.
I concur,
I Concur,
XYX
Glades Smurphy
General Chairman
Vice President, Labor Relations
United T'men's Union
New Jersey Transit Rail Operations