The Association Of Commuter Rail Employees

                

                                                              Q&A For ACRE Local 1 January 2007 Agreement     
 
           

How will our no meal period payments be affected by this new Agreement?
 
In 1988 under the UTU we agreed to extend the meal window thinking that the engineers would follow suit.
They didn't and that resulted in engineers being paid for no meals while we were not. In this Agreement
we were successful in narrowing the meal to our original window that existed in 1988. The twenty minutes
referred to in the Agreement references the break necessary for the carrier to avoid a no meal penalty
payment during that window. The penalty payment remains at 45 minutes. This change to our meal
window is worth approximately $250,000.00 for our conductors and assistant conductors in the form of
increased no meals.
 
To put it simply, the window is now smaller resulting in additional no meal payments for our members.
The amount paid for a no meal remains the same but more of us (both conductors and assistant conductors)
will qualify for it.
 
What did we get for agreeing to the handheld computers and what did we give up to get the
conductors a bump in salary?
 
The carrier coveted several work rules including our brakemen, separation of service and combined
extra lists. We were able to obtain an increase for the conductor as well as work rule changes that
will result in wage increases for the assistant conductors without sacrificing any of our major work rules.
These changes included the handheld computers as well as changes to our training agreement. The
multitude of rule improvements will add to all of our wages. They include no meals on all yard and MU
assignments, no annulments on holidays, normal earnings on jury duty, etc. Please review the list
contained in the side letters to the agreement.
 
What is this new pension rule?
 
Actually it's 62 years of age and at least 5 years of service and it only impacts future employees hired
out after ratification.. As you know the coalition agreed to this change while the Teamsters chose to
have everyone pay medical. Our members made it very clear to us that they desired a wage increase
in this deal. Paying for medical would have obviously reduced the wage increase so we opted for the
new rule under our pension plan. Down the road new hires will have several opportunities to lower
that age if they choose to do so. This change does not impact anyone for at least thirty years. Also
unlike paying for medical it does not provide any cost savings to the carrier for at least 30 years. By
protecting our members earnings and maintaining all of our major work rules, this Agreement will put
literally millions of dollars in our members pockets annually through the 4%, 3.5% & 3% wage increases.
In addition, the conductor "bump" in salary is worth $1.96 million per year and the change in the meal
window is worth $250,000.00. What surprises some is that over 470 members will benefit daily by the
conductor wage increase. Everyone will eventually reap the benefit of this increase, including members
who hold conductor assignments, members on the extra list and virtually everyone working their relief
day regardless of whether they hold a conductor assignment.
 
How do we know the new guys won't eventually put the old guys in their 62/30 pension?
 
There are laws in place that would greatly reduce the ability of anyone to take away your pension rights.
More importantly, the goal of the newer members will be to reduce their retirement age, not increase yours.
Furthermore, there is no chance that would ever happen because that would require an act of the New
York State Legislature. More importantly there are laws that protect retirees from such attempts. One
only needs to look at the history of the Rockefeller Pension on the LIRR to see what would likely occur.
Again those employees sought to reduce their retirement age, not increase the old-timers retirement age.
It is always counter-productive for younger folks to seek to keep senior members on the property. The
folks who hire out after this agreement is ratified will not be impacted by this change for at least thirty
years and some (those who hire out later in life) won't be impacted at all.
 
Is everyone impacted by the 20% on cap as far as overtime counting towards the pension?
 
No member currently working on the railroad is covered by this change. Only new hires will be covered
by this change after ratification.  Normal wages are defined as your crew book earnings on passenger
assignments and for flag, yard and extra list employees normal earnings are what you make for the day.
The items that would apply for the new hires would be 6th and 7th starts, relief day work, 17/b's and
penalty claims like the 4 hour separation of service claim. The average overtime on the railroad is 16%,
so this should have no impact on the pensions of the new hires. This is geared more towards employees
other than train service where they get overtime based on seniority. It is important to know this was part
of the pattern, has been well thought out and agreed to by all the unions on Metro North.
 
Are we being taken out of Empire and put into HIP?
 
Absolutely not. Some folks have confused the New York State Health Insurance Program
(also known as Empire) with HIP. We have had no discussions regarding changing our
health insurance provider.
 
How is it fair for an extra list employee to take a holddown on an open job. Isn't he then holding two jobs?
 
What was unfair is that an open job is just that "open" and that work should accrue to the extra list
employees as opposed to being available only to those in limbo. By allowing more holddowns the
carrier will be forced to create additional extra list positions which will allow our newer members
to work in terminals nearer their home. We currently have this rule in combo service and it has
worked to our members advantage.
 
Will we get the 100 day waiver for retirement purposes?
 
Yes we will get that benefit.
 
If I retire using the early retirement feature and I also have the option of buying military time,
how will this work? If I can retire in 2010 and can buy three military years does that give me
32 years under the plan?
 
If you have 30 years and buy 3 years of Military time then you will get 33 years of service credit
or 64.45% of your final average salary.
 
Will we be able to put our retroactive wages into a 401k/457?
 
Yes that process is already set up and will be available upon final ratification.
 

 

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