RULE 4 - TEMPORARY POSITIONS AND VACANCIES - METHOD OF FILLING

Note: (a) below was modified August 1, 2009 (Brush & Tree cutting agreement) The new language means we can now demand to fill any vacancy as long as we are qualified and it is not a lower rated position. You can see the Brush & Tree cutting agreement here http://www.pennfedbmwe.org/Docs/amtrak/MOU_20090801.html
ALSO, you DO NOT NEED A REALEASE to leave your current position - Electric Traction INCLUDED (with the exception of trainees).
There is no such thing (a release) in the agreement.

(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."

(a) means you may fill the vacancy but you will be considered an automatic bidder and be awarded the job UNLESS 1) you bid another job and show that job as a higher preference or 2) someone senior to you bids the job.

(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.

(b) means that if someone junior to you is filling a vacancy for the first time, you as the senior employee can bump the vacancy (the junior guy), without bumping rights, as long as it is equal or higher in pay then your current job and you will now own the job. The vacancy will be considered filled for the 2nd time and can only be bumped by someone with bumping rights (Rule 18).
The junior employee will either have to go back to his last awarded position or fill another vacancy. He will only have bumping rights if his last awarded position has been filled by a senior employee or abolished. Capish?

(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.

(c) means you will now go by the hours and rate of pay of the job you just 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 displace 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.

The above paragraph means you go by the new hours and rate only when you fill the vacancy willingly (not forced by Amtrak) If Amtrak forces you into the position you will be governed by your current position until you are awarded the position (force assigned)

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

(d) means if the job is vacant but hasn't been advertised you can still fill the vacancy.

(e) The word "senior" as used in this Rule 4 means the senior qualified employee on the roster involved then on any seniority roster in the same sub-department, and then on any seniority roster.

(e) defines who is senior. You first go by seniority on the specific roster and if no one is on that roster than the next pertinent roster

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

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