Amtrak collective bargaining agreement

Current BMWED - Amtrak Agreements

October 22, 2013 - Agreement to provide five dollars an hour more for Zone 6 track inspectors in exchange for being locked into the position for two years. All positions will be abolished and re-advertised and the positions are still subject to displacement by senior employees entitled to a displacement right.

July 17, 2013 - The BMWED and Amtrak's agreement providing for the Pilot positions advertised to the New Jersey High Speed Rail Racetrack Project.

December 22, 2011 - Per Diem Agreement increasing the current $40.00 per diem by $1.14 to $41.14 effective January 1, 2012.

February 1, 2011 - The BMWED and Amtrak reach agreement in connection with Safe-2-Safer. This agreement strengthens our existing safety (Right-2-Refuse) agreement and preserves our safety liaison positions while adding another layer towards eliminating workplace hazards, injuries, and deaths.

November 4, 2010 - Memorandum of Understanding between the BMWED and Amtrak Corridor and Off-Corridor in connection with fencing and guard-rail installation. Additionally this MOU addresses our BMWED/Amtrak per diem allowance and furloughs. Included is General Chairman Dodd's letter to the Amtrak Committee and a hypothetical example of future per diem adjustments.

November 17, 2009 - The American Recovery and Reinvestment Act (ARRA) provide Amtrak an additional $850,000,000 for capital projects. Letter of understanding for various ARRA projects, such as Security Upgrades, Platform Lighting, and Right of Way Improvements.

February 1, 2010 Memorandum of Understanding establishing rates of pay for MW and 3rd Rail Electricians.

August 1, 2009 Memorandum of Understanding, raising Foreman rates, CDL incentives, etc. Commonly referred to as the "Tree Agreement"

June 21, 2004 - Holland Welding and GREX Slot Machine Transition agreements restoring our work and providing training security.

November 2, 2001 New York Pilot Agreement addressing the preservation of work for Amtrak's expansion projects at Penn Station New York as well as tunnels in that area, including the "Standpipe Project", "JO Interlocking", "Ventilation Project", "Long Island City and Weehawken Shaft", and "3rd Rail Replacement East and North River Tubes". This agreement was updated January 16, 2009.

October 5, 2000 - Amtrak Agreement to support the Right Care. Day One program on a system wide basis, including transitional work assignments.

Safety Agreement - The Brotherhood of Maintenance of Way Employees are committed to a safe and healthful work environment, free from intimidation and harassment, that meets or, where possible, exceeds all applicable Local, State, and Federal Safety standards and to ensuing compliance with Amtrak’s Safety Rules. In recognition of the importance of equal partnership in this process, Amtrak and the BMWE have reached this agreement .

Voluntary Safety Reporting Policy - After long, difficult and acrimonious meetings which began several years ago we have reached an agreement with Amtrak over a series of safety reforms which we believe will help prevent future fatalities. They are a New Voluntary safety Reporting Policy, 60mph slow by’s for work areas, watchman placements, and reaffirmation of the many hot spots. View a descriptive summary of the Voluntary Safety Reporting Policy along with our cover letter.

Past Agreements

Temporary Positions and Vacancies - Method of Filling

(a) A new position may be filled temporarily pending assignment. When vacancies occur, the senior available qualified employee working in the same or lower class shall be permitted to fill such position. Employees filling positions under this provision will be considered automatic bidders for such position as their first preference unless alternate preference ranking is indicated on their application for advertised positions. [1]

(b) An employee so assigned may be displaced by a senior employee working in a lower rated position or in the same grade or class, provided displacement is made prior to the starting time of the assigned tour of duty, by notice to the Foreman or other officer in charge. The latter employee will not be subject to similar displacement from such temporary assignment by a senior employee unless such employee is exercising seniority in accordance with Rule 18.

(c) Employees temporarily assigned in accordance with the foregoing will be governed by the starting time, headquarters, tour of duty and rate of pay of the position so filled.

The provisions of this paragraph (c) apply only when positions are filled by AMTRAK in accordance with paragraph (1) of this Rule 4, and when an employee in the exercise of seniority displaces a junior employee.

The provisions of this paragraph (c) do not apply to employees assigned by AMTRAK to fill vacancies or new positions pending assignment after they have expressed a desire not to be so assigned.

(e) The word "senior" as used in this Rule 4 means the senior qualified employee on the roster involved and then on any seniority roster in the same sub-department, and then on any seniority roster.

Download a copy of Rule 4

Order of Seniority - Time of Employement

"The order in which the names of employees who enter service on the same date and in the same class shall be shown on the seniority rosters on the following basis:

1. Length of previous service in the same class.
2. Length of previous service in other classes covered by these Rules.
3. Length of previous service on former railroad on positions not covered by these Rules.
4. In alphabetical order."

Reduction in Force - Retaining Rank on Roster

(a) When the force is reduced, employees affected shall have the right, within ten (10) days after the effective date of such reduction, to elect to take furlough or to exercise seniority to displace junior employees in accordance with the following provisions of this Rule.

An employee displaced in reduction of force who elects to exercise seniority may exercise seniority onto any position for which he is qualified by bid or displacement without loss of seniority. The requirement to exercise in class is deleted.

(b) The Carrier may force assign the junior qualified employee in a working zone as defined in Rule 14 who is working in a lower class on the same shift to a vacancy in the same working zone which has gone no bid. A qualified employee is considered an employee who is qualified on the position to be filled and who has established seniority in the class of that position. Force assignment shall be made in writing to the affected employee and a copy of such written notice shall be promptly furnished the General Chairman. An employee who refuses to fill such assignment will forfeit seniority in the class of the position refused and all higher classes on the same seniority roster.

(1) The Carrier will not force assign an employee to a position in a work zone if another employee in the work zone possesses the necessary qualifications for the position although not having established seniority and has made application for such position.

(4) Employees not working in gangs covered by Rules 89-90 at the time furloughed will not be forced to cover positions in gangs established pursuant to those rules.

(c) If a vacancy cannot be filled in accordance with (b) above the appropriate Assistant Chief Engineer, or his representative will promptly meet with the appropriate General Chairman or his representative to determine how to fill the vacancy. However, the time required to fill the vacancy shall not be more than ten (10) days or the Carrier may assign the junior qualified employee in the working zone in a lower class.

(d) It is not the desire of Amtrak or the Organization to reduce the total compensation of anemployee force assigned under this rule. Upon written request by an employee force assigned under this rule, or his representative as designated in Rule 83 to the Division Engineer, with copy to the General Chairman, these respective officers, or their representatives, shall promptly meet for the purpose of determining if there are mutually agreeable ways to minimize any loss in total compensation.

(e) A position filled by force assignment under this Rule shall continue to be advertised inaccordance with the provisions of Rule 3 until filled through the normal advertisement and assignment process or abolished. The incumbent of such position shall be allowed a displacement in accordance with this rule should the position to which the incumbent was force assigned be subsequently awarded to another employee in accordance with Rule 3.

[5] (f) An employee furloughed as the result of reduction of force, desiring to be recalled to active service shall file his name and address, as well as subsequent notice(s) of change, in writing, with the officer(s) designated by the Carrier. The employee will prepare three (3) copies of such notice and/or change notice(s), retaining one copy and filing two (2) copies with the officer referred to. One copy of such notice will be forwarded by AMTRAK to the General Chairman.

In the event an employee fails to file notice as set forth above, Amtrak may request, by certified mail to the employee's address of record, that the employee file such notice. Failure to comply with such a request may result in the application of Rule 21-A.

Amtrak shall not be subject to financial liability for failure to recall employees who do not file their name and address as required above.

The requirement for filing name and address will not apply to an employee who exercises seniority in reduction of force to another position covered by this Agreement.

Download a copy of Rule 18

Absent Without Permission

"(a) Employees who absent themselves from work for fourteen(14) consecutive days without notifying their supervisor shall be considered as having resigned from the service and will be removed from the seniority roster unless they furnish the Carrier documented evidence of either physical incapacity or that circumstances beyond their control prevented such notification. In the absence of the supervisor, the employee shall notify the office of the Division Engineer of the division on which last assigned.

(b) If the Carrier refuses to accept such documented evidence, the employee or his representative may appeal such action in accordance with the appeal procedures of Rule 74 - DISCIPLINE."

BMWED - Amtrak Bereavement Leave

This negotiated benefit helps ease the pain when the tragedy of death strikes. Bereavement leave is paid leave that an employee is entitled to because of the death of a family member as defined by the terms of the BMWED collective bargaining agreement.The BMWED/Amtrak agreement Rule 93 can be viewed here .

Download a copy of the Bereavement Leave Rule with Q+A