Pennsylvania Federation BMWED-IBT


Consent Decree

Agreement Between Amtrak & the Brotherhood of Maintenance of Way Employes pursuant to The Consent Decree in Thornton v. Amtrak

On January 18, 2008, the Consent Decree was incorporated into our BMWED/Amtrak collective bargaining agreement and states:

"This Agreement is intended to satisfy the requirements of Section V of the Consent Decree in Thornton v. Amtrak, Civil Action No. 98CV0890 (EGS), by adopting certain work rules set forth in Section IV of the Consent Decree, as those rules have been modified by the parties from time to time since the adoption of the Consent Decree."

View a text version of The Consent Decree, including parts "Training", "Discipline", and the "General" provisions.

View a printable copy of the Consent Decree

Download printable versions of the "Request To Demonstrate" forms

Standardized Qualifications

Under the consent decree, Amtrak must provide a standardized list of qualifications for all positions under our collective bargaining agreement. Once the qualifications are established they cannot be changed without consultation with the BMWED, or unless a law or government regulation requires the change to occur.

View the Standardized Qualifications List of the various Maintenence of Way positions in the Amtrak Engineering Department.

Physical Characteristics

Article 14 of the Consent Decree addresses when employees will be given an opportunity to learn physical characteristics. The training opportunity shall include sufficient time off, with pay, copies of the track charts, and the opportunity to ride trains and/or walk over the segment of track.

Also if a Foreman bumps a junior foreman within the ten-day window, that senior foreman will be given the opportunity to obtain the PC's needed for the position during the same ten-day bump window. Attachment A contains the maximum qualifying periods for the identified territories.

Training Durations

Article 17 addresses One-for-One training, and this Attachment "B" contains the minimum training periods for specific Maintenance of Way equipment. Please note that Certain positions shall be exempt from one-for-one training. These positions are:

Foremen, Welders, MW Repairmen, Electricians, B&B Mechanics, Plumbers, Cranes, and the following general construction equipment positions: Operators of Backhoes, Bulldozers, Front-End Loaders, Bob-Cats, Load Graders, and similar construction equipment.

Relevant Documents

March 7, 2006 Amendment I to Interim Agreement, which addresses Article 14, Physical Characteristics. Paragraph (iii) of Article 14 allows a Foreman to bump a junior Foreman and be given an opportunity to qualify on the requisite PC’s, within the ten (10) day bump window. This agreement addresses the availability of Rules Examiner, and paying the employee during the displacement period.

March 20, 2006 Amendment II to Interim Agreement, nullifying Article 12. Resulting from this agreement, BMWED employees now “bid” on NORAC training opportunities, instead of making a request. This agreement insures seniority protection for our members.gavel

February 4, 2004 General Chairman Dodd's letter in connection with Public Law Board Award 6641, and our Seniority Rights Arbitration Victory. This issue began when Amtrak would not allow senior employees to bump junior employees from one-for-one training. The dispute was ultimately decided, further protecting the seniority rights of our members. The award follows.

January 18, 2004 Public Law Board 6641-Displacement & Assignment



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© 2008 Pennsylvania Federation BMWED-IBT, may not be republished without express permission