BMWE Lodge 3014

Pennsylvania Federation

Brotherhood of Maintenance of Way Division
of the
International Brotherhood of Teamsters

 

 

RULE OF THE WEEK 
Knowledge is Power!

 

 

RULE 3 - ADVERTISEMENT AND ASSIGNMENT TO POSITION

Note: Explainations of the rule are in italics

(a) All positions and vacancies will be advertised within thirty days previous to or within five days following the dates they occur, except that temporary vacancies need not be advertised until the expiration of thirty days from the dates they occur.

 A position that is vacant must be advertised within 5 days. So if you see a job that is vacant, and it doesn’t come up for bid within 5 days you can call assignments and have them advertise the position. If they don’t call your union rep.

(b) Advertisements will show whether the positions or vacancies are of a permanent or temporary nature, and will be posted for a period of seven days at the headquarters of the gangs in the sub-department of employees entitled to consideration in filling the positions, during which time an employee may file his application. Advertisements shall be posted on Monday and shall close at 5:00 PM on the following Monday. Bids which are postmarked or received anytime during the application period will be considered.

 If you bid a position, your bid must be postmarked by 5 PM on the day it closes. Send your mail certified with return receipt requested.
If you fax your bid it must be received by 5 PM on the day it closes. Call the assignment office and verify it was received and try to get a receipt from the fax machine it was sent from.

(c) Application for new position or vacancy advertised under this Rule 3 must be prepared on Bid Form with receipt attached thereto, properly filled out, and filed with the official whose name appears on the advertisement, who will detach receipt, sign, and return same to the applicant.

Use the bid sheet (you can get on off the BMWE3014.org web site under ‘Forms’). If bidding more than one position bid the positions in order of your preference, with your first preference at number 1.

(d) Awards will be made and bulletin announcing the name of the successful applicant will be posted within ten (10) days after the close of the advertisement. The ten (10) days may be extended by an equal number of work days when any of the nationally observed holidays enumerated in Rule 48 fall within the normal work week of the involved assignment office.

This rule shall not be construed so as to require the placing of employees on their awarded positions when properly qualified employees are not available at the time to fill their places, but physical transfers must be made within ten days.

 If you are awarded a position, your current boss may hold you for up to 9 days if there is an operational necessity (not paying someone overtime is not an operational necessity). On your 10th day YOU MUST FILL  your awarded position.

(e) An employee awarded a position who would establish seniority in the classification as a result of the award may only bid to equal or higher rated positions for the ninety (90) days from the effective date of the award. An employee displaced, abolished or disqualified from such position may exercise his rights as outlined in Rule 18 without loss of seniority except as provided in Rule 6. However, in the event an employee bids a lower rated position during this ninety (90) day period he/she will forfeit seniority in that higher class.

Very important – If you get awarded a position which results in a NEW roster date, you must work that position for 90 days. You may go to another position of equal or higher pay during those 90 calendar days but do not go lower UNLESS you have been bumped or abolished. If you are bumped or abolished at any time during those 90 days, you have fulfilled your requirement and can go anywhere you want. (Note: If force assigned under the training agreement you can only go higher in pay, NOT equal, and must work 6 months)

(f) An advertisement may be canceled within seven (7) days from the date advertisement is posted.

 

(g) An employee who desires to withdraw his bid or application for an advertised position or vacancy must file his request in writing, with the official whose name appears on the advertisement within seven (7) days from the date the advertisement is posted.

 If you bid a job, and changed your mind, you must withdraw your bid before the advertisement closes.

(h) Nothing in these rules prohibits the Management from employing mechanics and according them seniority when there are no helpers qualified as mechanics.

This means Amtrak can hire Repairman when they need too.

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Hopefully this helps you have a better understanding of rule 3. This applies to Track, B&B and yes Electric Traction (with the exception of trainees). Don't let the boss tell you otherwise.

Review last week's rule - RULE 4 - TEMPORARY POSITIONS AND VACANCIES - METHOD OF FILLING

If you have any questions you can ask them on our Facebook page, BMWED Amtrak Penn Fed Members United or send us an email.

Here is a link to our BMWE Contract agreement and updates