BMWED/Amtrak NEC Agreement

Rule 42 - STARTING TIME HOURS - CHANGE IN[11]

(a) When three (3) shifts are employed, the starting time of the first shift shall not be earlier than 6:00 AM nor later than 8:00 AM. The second shift will start immediately following the first shift and the third shift will start immediately following the second shift.

(b) Except as provided in paragraphs (c), (g) and (h) of this Rule 42, when less than three (3) shifts are employed, the starting time of employees shall be between the hours of 6:00 AM and 8:00 AM (Track Production Gangs may be required to start between 5:00 AM and 8:00 AM from May 1 through September 30).

(c) Starting times other than those set forth in paragraphs (a) and (b) of this Rule 42 may be established between 4:00 PM and 6:00 PM or 7:00 PM and 11:00 PM.

(d) Employees filling assignments in accordance with paragraph (c) above shall be paid an incentive allowance of .65 cents per hour for all hours, or portion of a hours, worked. The incentive allowance shall be considered separate and apart from the basic rate of pay and shall not be subject to cost-of-living or general wage increases.12 (further amended to $1.00 effective August 1, 2009)

(e) The starting and ending time of tour of duty will be shown on advertisement.

(f) Starting times may be changed within the above starting time periods by first giving employees affected thirty-six (36) hours posted notice and then not more often than every thirty (30) days. Changes in starting times made under the provisions of this Rule shall not require readvertisement; however, employees whose starting times are changed more than one (1) hour may elect to exercise their seniority to other positions in accordance with Rule 18. Starting times will not be changed from one starting time period to another starting time period without readvertisement.

(g) The provisions of this Rule 42 do not apply to:

Special Construction Gangs established in accordance with the provisions of the Agreement dated November 3, 1976.
Track Gangs whose tour of duty is changed temporarily for two (2) or more consecutive days to conform to the working hours of Corridor Gangs in conjunction with which they are working.
Track Gangs when assigned temporarily to perform work in tunnels at night which on account of the density of traffic cannot be performed during normal working hours.
Drawbridge Operators, Drawbridge Tenders, Camp Overseers, Camp Car Attendants and Cooks, except that the provisions of paragraph (a) shall apply where three (3) shifts are employed.
New Haven Rail Welding Plant.

(h) Except as provided in paragraph (g) of this Rule 42, starting times outside the hours specified in paragraphs (a), (b) and (c) of this Rule 42 may not be established except by agreement, in writing, between the Director of Labor Relations and the General Chairman.

11 Revised June 27, 1992
12 The incentive allowance raised to .65 cents effective December 1, 1994.
The incentive allowance further raised to $1.00 effective August 1, 2009

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