RULE 22- LEAVE OF ABSENCE

RULE 22- LEAVE OF ABSENCE

a. Passenger Engineers must request written leave of absence when they are to be off duty for more than thirty (30) consecutive days.

b. A written leave of absence without impairment of seniority will be granted upon request to a Passenger Engineer for the following reasons:

1. To accept an official position with the Corporation or related national railroad agencies.

2. To perform union committee work or to accept a full-time union position with Brotherhood of Locomotive Engineers.

3. To accept an elective or appointive public office for which a competitive examination is not required.

4. To accept an appointive public office for which a competitive examination is required, if such public office is related to railroad work.

c. Upon request, a Passenger Engineer will be granted a written leave of absence to perform military service in accordance with current applicable reemployment statutes.

d. A Passenger Engineer granted a leave of absence in accordance with paragraph “bl” or “2” will be granted that leave of absence for the duration of the assignment.

e. A request for a leave of absence for reasons other than those outlined in paragraphs “b” and “c” may be granted upon agreement between the highest appeals officer of the Corporation and the General Chairman.

f. A request for a leave of absence or for an extension must be made in writing to the highest appeals officer of the Corporation, with a copy to the General Chairman.

g. Except as set forth in paragraphs “c” and “d,” no leave of absence or extension thereof will exceed one (1) year.

h. A Passenger Engineer who fails to report for duty within fifteen (15) days after the expiration of an authorized leave of absence or an extension thereof or fails to furnish satisfactory reason far not doing so will have his seniority terminated and record closed. A Passenger Engineer whose seniority has been terminated may, through the General Chairman, appeal such termination to the highest appeals officer within thirty (30) days of the notice of termination.

i. A Passenger Engineer granted a leave of absence under paragraph “b 1” or “2” will be required to return to duty in the craft within sixty (60) days after being relieved of his assignment, or he will be subject to conditions set forth in paragraph “h.”

j. A Passenger Engineer who absents himself without a written authorized leave of absence, as provided in this Rule, will have his seniority terminated.

k. A leave of absence is not required when a Passenger Engineer is unable to perform service for the Corporation due to a bona fide sickness or injury.

1. A Passenger Engineer on an authorized leave of absence who engages in other employment not provided for in the authorized leave of absence will forfeit all his seniority.

RULE 23- COMPULSORY RETIREMENT

Retirement will be compulsory at the end of the month in which a Passenger Engineer reaches seventy (70) years of age.

RULE 24- APPROVAL OF APPLICATION

a. Applications for employment will be rejected within ninety (90) calendar days after seniority date is established, or applicant will be considered accepted. Applications rejected by the Corporation must be declined in writing to the applicant.

b. A Passenger Engineer who has been accepted for employment in accordance with paragraph “a” will not be terminated or disciplined by the Corporation for furnishing incorrect information in connection with an application for employment or for withholding information therefrom, unless the information involved was of such a nature that the Passenger Engineer would not have been hired if the Corporation had timely knowledge of it.

RULE 25- PHYSICAL REEXAMINATION

a. Passenger Engineers will be subject to periodic medical examination in accordance with Corporation policy.

b. When it is obvious that a Passenger Engineer is medically (physically or mentally) impaired in a way that affects his service, the Corporation may hold that Passenger Engineer out of service pending the outcome of a medical examination. Passenger Engineers held out of service by the Corporation because they are medically unable to perform service may have an examination by a doctor of their own choosing without expense to the Corporation. In case of disagreement on the Passenger Engineer’s fitness to work, the two (2) doctors will select a third doctor, who is a specialist in the medical area involved, and the decision of the majority of the three (3) as to the Passenger Engineer’s fitness will be final. The expense of the third doctor will be shared equally by the parties. If it is determined that the Passenger Engineer’s condition does not warrant being held out of service, such Passenger Engineer will be returned to service, and if it is determined that the Passenger Engineer was medically fit to perform service at the time he was held out of service, the Passenger Engineer will be paid for all time lost.

c. A Passenger Engineer who has accepted medical disqualification or who was found to be properly disqualified by a neutral physician may, if there has been a change in his medical condition as evidenced by a report of his personal physician, request a reexamination. There will be no claim for time lost in such case, unless the Corporation refuses to grant the reexamination or there is unreasonable delay in applying the terms of this paragraph.

d. Where an indoor test discloses a deficiency of vision, color perception or hearing, the Passenger Engineer will, on request, be granted a field test, the result of which will determine his physical qualification for service. In case of a failure to pass a vision test when examined without corrective lenses, the Passenger Engineer will be given the opportunity for a reexamination with corrective lenses.

RULE 26- LOCKER FACILITIES

Locker, toilet and lavatory facilities will be provided and maintained at crew bases where Passenger Engineers go on and off duty.

RULE 27- VACATION

The National Vacation Agreement of April 29, 1949, as amended, will apply to employees covered by this Agreement. The parties will make such modifications to the provisions of the National Vacation Agreement as are necessary to conform to the basis of pay established in Rule 2.

RULE 28- HEALTH AND WELFARE BENEFITS

Health & Welfare Benefits, Early Retirement Major Medical Expense Benefits, Dental Benefits and Off-Track Vehicle Insurance will be allowed to qualified Passenger Engineers as provided in the following standard national policies or the equivalent thereof:

Travelers GA-23000

Travelers GA-46000

Aetna Life and Casualty Co. GP-12000

Connecticut General 0386430-06

RULE 29- UNION SHOP

a. Subject to the terms and conditions below, all Passenger Engineers will, as a condition of their continued employment, hold or acquire union membership in any one (1) of the labor organizations, national in scope, organized in accordance with the Railway Labor Act, and admitting Passenger Engineers to membership. Nothing herein will prevent any Passenger Engineer from changing union membership from one (1) organization to another organization admitting Passenger Engineers to membership.

b. Passenger Engineers will join any one (1) of the labor organizations, described in paragraph “a” of this Rule, within sixty (60) calendar days of the date an which they complete thirty (30) days of compensated service as Passenger Engineers within twelve (12) consecutive calendar months, and will retain such membership during the time they are employed as Passenger Engineers, except as otherwise provided herein.

c. When Passenger Engineers are regularly assigned to official or subordinate official positions or are transferred to regular assignments in another craft, they will not be compelled to maintain membership as provided herein, but may do so at their own option.

d. Nothing herein will require a Passenger Engineer to become or remain a member of the Brotherhood of Locomotive Engineers if membership is not available to him upon the same terms and conditions as apply to any other member, or if his membership is denied or terminated for any reason other than his failure to tender the periodic dues, initiation fees and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership. The dues, initiation fees and assessments referred to herein mean indebtedness accruing for these items.

e. The Brotherhood of Locomotive Engineers will keep account of Passenger Engineers and will independently ascertain whether they comply with union membership requirements.

f. The General Chairman of the Brotherhood of Locomotive Engineers will notify the appropriate Labor Relations officer in writing of any Passenger Engineer whose employment he requests be terminated because of the Passenger Engineer’s failure to comply with union membership requirements. Upon receipt of such notice and request, the Corporation will, as promptly as possible but within ten (10) calendar days of such receipt, notify the Passenger Engineer concerned in writing by registered or certified mail, return receipt requested, sent to his last known address, or sent by receipted personal delivery, that he is charged with failure to comply with the union membership requirements. A copy of the notice will be given to the General Chairman. Any Passenger Engineer so notified who disputes the charge that he has failed to comply with union membership requirements will, within ten (10) calendar days from the date of such notice, request the Corporation in writing to accord him a formal hearing. Such a request will be honored by the Corporation and a date set for the formal hearing as soon as possible, but within ten (10) calendar days of the date of the receipt of the request. A copy of the notice of such formal hearing will be given to the General Chairman. The receipt by the Corporation of a request for a hearing will stay action on the request by the General Chairman for termination of the Passenger Engineer’s employment until the formal hearing is held and the final decision is rendered. If the Passenger Engineer concerned fails to request a formal hearing as provided for herein, the Corporation will proceed to terminate his employment at the end of thirty (30) calendar days from receipt of the request from the General Chairman, unless the Corporation and the Brotherhood of Locomotive Engineers agree otherwise in writing.

g. The Corporation will determine on the basis of evidence produced at the formal hearing whether or not the Passenger Engineer has complied with the union membership requirements, and will render a decision accordingly. Such a decision will be rendered within ten (10) calendar days of the hearing date, and the Passenger Engineer and the General Chairman will be promptly notified. A transcript of the hearing will be furnished to the General Chairman. If the decision is that the Passenger Engineer has not complied with union membership requirements, his employment as a Passenger Engineer will be terminated within ten (10) calendar days of the date of the decision, unless the Corporation and the Brotherhood of Locomotive Engineers agree otherwise in writing. If the decision of the Corporation is not satisfactory to the Passenger Engineer or to the Brotherhood of Locomotive Engineers, it may be appealed in writing directly to the highest officer of the Corporation designated to handle appeals. Such appeal must be received within ten (10) calendar days of the date of decision appealed from, and the decision on such an appeal will be rendered within twenty (20) calendar days of the date the appeal is received. The decision by the highest appeals officer of the Corporation designated to handle appeals will be final and binding unless, within thirty (30) calendar days thereafter, the Corporation is notified in writing that the decision is unsatisfactory, and in such event, the dispute may be submitted to a tribunal having jurisdiction within six (6) months of the date of such decision. A representative of the Brotherhood of Locomotive Engineers will have the right to be present at and participate in any hearing which involves the Brotherhood of Locomotive Engineers.

h. The discipline rule will not apply to union membership requirement cases.

i. Nothing herein will be used as a basis for time or money claims against the Corporation.

RULE 30- DUES DEDUCTION

a. Subject to the conditions herein set forth, the Corporation will withhold and deduct from wages due Passenger Engineers represented by the Brotherhood of Locomotive Engineers amounts equal to periodic dues, assessments and insurance premiums (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in the Brotherhood of Locomotive Engineers.

b. No such deduction will be made except from the wages of a Passenger Engineer who has executed and furnished to the Corporation a written assignment, in the manner and form herein provided, of such periodic dues, assessments and insurance premiums. Such assignment will be on the form specified in Attachment “A” and will, in accordance with its terms, be irrevocable for one (1) year from the date of its execution.

c. Deductions as provided for herein will be made by the Corporation in accordance with a deduction list furnished by the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers in the form specified in Attachment “B,” which may be changed by the Corporation as conditions require. Such list will be furnished to the Director, Payroll Operations, separately for each Local Division. Thereafter, a list containing any additions or deletions of names, or changes in amounts, will be so furnished to the Corporation on or before the 20th day preceding the month in which the deductions will be made.

d. Deductions as provided for herein will be made monthly by the Corporation from wages due Passenger Engineers for the first biweekly pay period (or corresponding period for those paid on a weekly basis) which ends in each calendar month, and the Corporation will pay, by draft, to the order of the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers, the total amount of such deductions, on or before the 10th day of the month following the month in which such deductions are made. With the draft, the Corporation will forward to the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers a list setting forth any scheduled deductions which were not made.

e. No deduction will be made from the wages of any Passenger Engineer who does not have due to him for the pay period specified an amount equal to the sum to be deducted in accordance herewith, after all deductions for the following purposes have been made:

1. Federal, State, and Municipal Taxes.

2. Other deductions required by law, such as garnishments and attachments.

3. Amounts due the Corporation.

f. Responsibility of the Corporation will be limited to remitting to the Brotherhood of Locomotive Engineers amounts actually deducted from the wages of Passenger Engineers as outlined herein, and the Corporation will not be responsible financially or otherwise for failure to make proper deductions. Any question arising as to the correctness of the amount deducted will be handled between the Passenger Engineer involved and the Brotherhood of Locomotive Engineers, and any complaints against the Corporation in connection therewith will be handled by the Brotherhood of Locomotive Engineers on behalf of the Passenger Engineer concerned.

g. A Passenger Engineer who has executed and furnished to the Corporation an assignment may revoke said assignment by executing the revocation form specified herein within fifteen (15) days after the end of the year, but if the Passenger Engineer does not so revoke the assignment, it will be considered as reexecuted and may not be revoked for an additional period of one (1) year, and the reexecuted assignment will similarly continue in full force and effect and be considered as reexecuted from year to year unless and until the Passenger Engineer executes a revocation form within fifteen (15) days after the end of any such year. Revocation of assignment will be in writing and on the form specified in Attachment “C,” and both the assignment and revocation of assignment forms will be reproduced and furnished as necessary by the Brotherhood of Locomotive Engineers without cost to the Corporation. The Brotherhood of Locomotive Engineers will assume the full responsibility for the procurement and the execution of said forms by Passenger Engineers, and for the delivery of said forms to the Corporation. Assignment and revocation of assignment forms will be delivered with the deduction list herein provided for to the Corporation not later than the 20th of the month preceding the month in which the deduction or the termination of the deduction is to become effective.

NOTE: The one (1) year prohibition against revocation of the Wage Assignment Authorization referred to in this paragraph “4g” has no application to a Passenger Engineer who is changing union membership under the provisions of paragraph “a” of Rule 29, Union Shop.

h. No provision of this Rule will be used in any manner whatsoever, either directly or indirectly, as a basis for a grievance or time claim by or in behalf of any Passenger Engineer, and no provision herein or any other provision of the agreement between the Corporation and the Brotherhood of Locomotive Engineers will be used as a basis for grievance or time claim by or in behalf of any Passenger Engineer predicated upon any alleged violation of, or misapplication or noncompliance with, any provisions of this Rule.

i. The Brotherhood of Locomotive Engineers will indemnify, defend and save harmless the Corporation from any and all claims, demands, liability, losses or damage resulting from the entering into or complying with the provisions of this Rule.

ATTACHMENT “A”

WAGE DEDUCTION AUTHORIZATION

NATIONAL RAILROAD PASSENGER CORPORATION

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

Print Name (Last Name, First Name, Initial, Employee No.)

Home Address (Street and No., City, State and Zip Code)

DIRECTOR, PAYROLL OPERATIONS

NATIONAL RAILROAD PASSENGER CORPORATION:

I hereby assign to the Brotherhood of Locomotive Engineers that part of my wages necessary to pay periodic dues, assessments and insurance premiums (not including fines and penalties) as certified to the Corporation by the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers as provided in the Dues Deduction Rule, entered into by the Corporation and the Brotherhood of Locomotive Engineers effective January 1, 1983, and authorize the Corporation to deduct such sum from my wages and pay it over to the Treasurer of the Local Division of the Brotherhood of Locomotive Engineers in accordance with the Deduction Agreement.

Date Signature Division Number

ATTACHMENT “B”

INSTRUCTION FOR UNION DUES DEDUCTION FORM

Forms must be received by the end of the prior month before

month to be deducted.

Item Field

1 Action -‘C’= Correction/Change

To the amount to be

deducted

-‘D’= Deactivate

Deduction

-‘R’= Reactive deduction

2 Employee Name -Enter employee’s full name

3 Social Security Number -Enter employees social

Security number

4 Deduction -Enter the amount to be deducted

NOTE: New member deductions will not be honored unless a properly prepared Wage Deduction Authorization Form, signed by the employee, is received by the Director, Payroll Operations. A revocation form is necessary when transferring from one labor organization to another and should accompany this form.

NATIONAL RAILROAD PASSENGER CORPORATION

PAYROLL DEDUCTION MAINTENANCE FORM

DATE:__________

TO: Director, Payroll Operations

FROM:

SUBJECT: Union Dues Deduction

Please deduct monthly the amount shown opposite the name of each employee listed beginning with the payroll month of

,19 . If you have been previously advised to make a deduction from the employee listed, the amount shown will be a correction in the amount to be deducted.

SOCIAL

EMPLOYEE SECURITY

ACTION NAME NUMBER DEDUCTION

ATTACHMENT “C”

WAGE ASSIGNMENT REVOCATION

NATIONAL RAILROAD PASSENGER CORPORATION

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

Print Name (Last Name, First Name, Initial, Employee No.) Home Address (Street and No., City, State and Zip Code)

DIRECTOR, PAYROLL OPERATIONS

NATIONAL RAILROAD PASSENGER CORPORATION:

Effective in the next calendar month, I hereby revoke the Wage Assignment Authorization now in effect assigning to the Brotherhood of Locomotive Engineers that part of my wages necessary to pay my periodic dues, assessments and insurance premiums (not including fines and penalties), and I hereby cancel the Authorization.

Date Signature Division Number

RULE 31- MEAL PERIOD

a. Passenger Engineers engaged in switching and classification service will be allowed twenty (20) minutes for lunch without deduction in pay. The lunch period must be given and completed within four and one-half and six hours after starting work. In the event conditions do not allow the lunch period to be taken between four and one-half (4.5) and six (6) hours after starting work, the Passenger Engineers will be paid an additional twenty (20) minutes at the straight-time rate and will be allowed a twenty (20) minute lunch period as soon as conditions permit.

b. Passenger Engineers in work, wire, wreck, construction and snow plow service will be given a reasonable time to eat during their trip or tour of duty.

RULE 32- HOLIDAYS

Regularly Assigned Passenger Engineers

a. Each regularly assigned Passenger Engineer who meets the qualifications set forth in paragraph “c” hereof will receive eight (8) hours’ pay at the straight-time rate for each of the following enumerated holidays:

New Year’s Day

Washington’s Birthday

Good Friday

Memorial Day

Fourth of July

Labor Day

Veterans Day

Thanksgiving Day

Christmas Eve

Christmas Day

Only one (1) eight (8) hour payment will be paid for the holiday, irrespective of the number of trips or tours of duty worked.

NOTE: When any of the above-listed holidays falls on Sunday, the date observed by the Nation will be considered the holiday.

b. Any regularly assigned Passenger Engineer who works on any of the holidays listed in paragraph “a” will be paid at the rate of time and one-half for all services performed on the holiday. Not more than one (1) time and one-half payment will be allowed, in addition to the one eight (8) hour holiday payment, for service performed during a single trip or tour of duty on a holiday which is also a workday or a vacation day.

c. To qualify, a regularly assigned Passenger Engineer must be available for or perform service as a regularly assigned Passenger Engineer on the workdays immediately preceding and following such holiday, and if his assignment works on the holiday, he must fulfill such assignment. However, a regularly assigned Passenger Engineer whose assignment is annulled, cancelled or abolished, or a regularly assigned Passenger Engineer who is displaced from a regular assignment as a result thereof on (1) the workday immediately preceding the holiday, (2) the holiday, or (3) on the workday immediately following the holiday will not thereby be disqualified for holiday pay, provided he does not lay off on any of such days and makes himself available for service on each of such days, excepting the holiday in the event the assignment does not work on the holiday. If the holidays fall on the last day of his work week, the first workday following his “days off’ will be considered the workday immediately following. If the holiday falls on the first workday of his work week, the last workday of the preceding work week will be considered the workday immediately preceding the holiday. When one or more designated holidays fall during the vacation period of a Passenger Engineer, the qualifying days for holiday pay purposes will be his workdays immediately preceding and following the vacation period.

NOTE: A regularly assigned Passenger Engineer who qualified for holiday pay under paragraph “c” will not be deprived thereof by reason of changing from one (1) regular assignment to another regular assignment on the workday immediately preceding or following the holiday or on the holiday.

d. Nothing in this Rule will be considered to create a guarantee or to restrict the right of the Corporation to annul assignments on the specified holidays.

e. The terms “workday” and “holiday” refer to the day to which service payments are credited.

Passenger Engineers Assigned to an Extra Board

f. Each Passenger Engineer assigned to an extra board who meets the qualifications provided in paragraph “g” will receive eight (8) hours’ pay at the straight-time rate on any of the following enumerated holidays:

New Year’s Day

Washington’s Birthday

Good Friday

Memorial Day

Fourth of July

Labor Day

Veterans Day

Thanksgiving Day

Christmas Eve

Christmas Day

Only one eight (8) hour payment will be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the holiday, the allowance of one eight (8) hour payment will be at the rate of pay of the first tour.

NOTE: When any of the above-listed holidays falls on Sunday, the day observed by the Nation will be considered the holiday.

g. To qualify, a Passenger Engineer assigned to an extra board must perform service or be available for service on the full calendar day of the holiday and on the full calendar days immediately preceding and immediately following the holiday.

NOTE 1: A Passenger Engineer assigned to an extra board whose service status changes from a Passenger Engineer assigned to an extra board to a regularly assigned Passenger Engineer or vice versa on one of the qualifying days will receive the basic day’s pay provided in paragraph “f,” provided (1) he meets the qualifications set forth in paragraph “g” on the day or days he is a Passenger Engineer assigned to an extra board, and (2) he meets the qualifications set forth in paragraph “b” on the day or days he is a regularly assigned Passenger Engineer, provided further, that a regularly assigned Passenger Engineer who voluntarily changes his service status to a Passenger Engineer assigned to an extra board on any of the three (3) qualifying days will not be entitled to receive the pay provided for in paragraph “f.”

NOTE 2: A Passenger Engineer assigned to an extra board will be deemed to be available if he is ready for service and does not lay off of his own accord.

NOTE 3: When one or more designated holidays fall during the vacation period of a Passenger Engineer assigned to an extra board, his qualifying days for holiday pay purposes will be his workdays immediately preceding and following the vacation period.

h. Any Passenger Engineer assigned to an extra board who works on any of the holidays listed in paragraph “t” will be paid at the rate of time and one-half for all services performed on the holiday. Not more than one time and one-half payment will be allowed, in addition to the one eight (8) hour holiday payment, for service performed during a single tour of duty on a holiday.

i. The terms “calendar day” and “holiday” on which service is performed refer to the day to which service payments are credited.

RULE 33- CHOICE HOLIDAY

Passenger Engineers covered by this Agreement will receive a choice holiday” as an eleventh holiday, in lieu of a workday, subject to the qualifying requirements of the Holiday Rule, except that they will not be required to work or to be available for work on the “choice holiday” to qualify for holiday pay for such “choice holiday” if they so elect. Such day will be selected by the Passenger Engineer, consistent with the requirements of service, upon forty-eight (48) hours’ advance notice to the Corporation. The “choice holiday” request must be made before October 12 of each year. Failing to do so, such “choice holiday” will be assigned by management.

RULE 34- CONFERENCES

Conferences between officers of the Corporation and duly accredited representatives will be held without cost to the Corporation. When duly accredited representatives are required to report for a conference at the direction of the Corporation, they will be compensated for the time engaged in the conference, with a minimum of four (4) hours.

RULE 35- SEVERABILITY

If any Rule or provision of this Agreement is at any time determined to be in conflict with any law, such Rule or provision will continue in effect only to the extent permitted by law. If any Rule or provision of this Agreement is or becomes invalid or unenforceable, such invalidity or unenforceability will not affect or impair any other term or provision of this Agreement.

RULE 36- SHORTAGE ADJUSTMENT

When a Passenger Engineer’s actual earnings are short one (1) day or more, adjustment will be made upon request.

RULE 37- STARTING TIMES

a. Regularly assigned Passenger Engineers engaged in switching and classification service will each have a fixed starting time which will not be changed without at least forty-eight (48) hours’ advance notice.

b. Where three (3) eight (8) hour shifts are worked in

continuous service, the time for an assignment on the first shift to begin work will be between 6:00 a.m. and 10:00 a.m., the second shift, 2:00 p.m. and 6:00 p.m., and the third shift, 10:00 p.m. and 2:00 a.m..

c. Where two (2) shifts are worked in continuous service, the time for an assignment on the first shift to begin work will be during any one (1) of the periods named in paragraph “b.”

d. Where two (2) shifts are not worked in continuous service, the time for an assignment on the first shift to begin work will be between the hours of 6:00 a.m. and 11:00 a.m., and on the second shift, not later than 2:00 a.m.

e. At points where there is only one (1) regular yard assignment, the assignment may be started at any time subject to paragraph “a.”

f. Where an independent assignment is worked regularly, the assignment may be started during one (1) of the periods provided for in paragraph “b” or “d.”

g. An extra yard assignment may be started during one (1) of the periods provided for in paragraph “b” or “d.”

h. If a Passenger Engineer is started at a time other than provided for in paragraph “b” or “d,” he will be paid from the last permissible starting time until released from duty.

Signed at Washington, D.C., this 26th day of October, 1982.

FOR THE NATIONAL RAILROAD FOR THE BROTHERHOOD OF

PASSENGER CORPORATION LOCOMOTIVE ENGINEERS