BMWED/Amtrak NEC Agreement

Rule 4 - 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.

(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.

(d) Temporary vacancies which are not advertised will be filled in like manner.

(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.

paragraph (a) amended with the August 1, 2009 MOU

Download a copy of Rule 4 - Temporary Positions and Vacancies - Method of Filling

back to the Amtrak Agreement page