BURLINGTON NORTHERN INC.
SCHEDULE
For
TRAIN AND YARDMEN
Represented by
BROTHERHOOD OF
RAILROAD TRAINMEN
EFFECIVE APRII, 12 1954
FORM 12646
RATES OF PAY
Rule 2. Rates for trainmen on trains propelled by steam or other motive power: Flagmen and Brakemen per mile, $0.08807; per day, $13.236; per month, $397.00.
BASIC DAY
Rule 3. One hundred and fifty (150) miles or less (straight-away or turn-around) shall constitute a day’s work. Miles in excess of 150 will be paid for at the mileage rates provided.
A passenger day begins at the time of reporting for duty for the initial trip. Daily rates obtain until the miles made at the mileage rates exceed the daily minimum.
ADVANCED REPORTING TIME
Rule 4. Trainmen will be paid for all time required to be on duty in excess of thirty (30) minutes before carded or specified leaving time of train separate from road trip. Duplicate payments will not be made under this rule. Payment under this provision will extend by the actual time so paid for, the sixty (60) minute period after which initial terminal delay payment begins under Rule 4-1.
INITIAL TER31INAL DELAY -PASSENGER
(Adopted from Article 4,
Agreements of May 25, 1951)
Rule 4-1. (a) Initial terminal delay shall be paid on a minute basis to Trainmen in passenger service for all time in excess of sixty (60) minutes computed from the time of reporting for duty up to the time the train leaves the terminal ("terminal" means passenger station or other starting point from which the train actually departs), at one-eighth ( % th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
Where mileage is allowed between the point of reporting and the point of departure, each mile so allowed will extend by three (3) minutes the sixty(60) minute period after which initial terminal delay payment begins.
(b)When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.
(e) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.
FINAL TERMINAL DELAY -PASSENGER
Rule 4-2. (a) In passenger service (except as provided for in paragraph (b) of this rule) all time, in excess of 15 minutes, computed from the time train stops at the final terminal passenger station until finally relieved from duty, shall be paid for as final terminal delay; provided, that should train be stopped behind another train standing at or waiting to reach the final terminal passenger station, or be held out of that station for any other reason after entering final terminal, final terminal delay, in excess of 15 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty.
Note: The phrase "waiting to reach the final terminal passenger station, or be held out of that station . . ." refers only to trains which are ready to enter the final terminal passenger station but are prevented from doing so.
(b)If the passenger train terminates at a point other than a final terminal passenger station, all time, in excess of 15 minutes, computed from the time train stops at such point until finally relieved from duty, shall be paid for as final terminal delay; Provided, that should train be stopped behind another train standing at or waiting to reach such point, or be held out of or away from that point for any other reason after entering final terminal, final terminal delay, in excess of 15 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty.
Note: The phrase "waiting to reach such point, or be held out of or away from that point . . ." refers only to trains which are ready to enter such point other than the final terminal passenger station, but are prevented from so doing.
©Where mileage is allowed between the point where final terminal delay time begins and the point where finally relieved, each mile so allowed will extend by three (3) minutes the fifteen minute period after which final terminal delay payment begins.
(d) All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one-eight ( 8th) of the basic daily rate, according to class of service, in addition to full mileage of the trip, with the understanding that the actual time consumed In the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule. After road overtime commences, final terminal delay shall not apply and
overtime shall be paid until finally relieved from duty.
(e) When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty.
OVERTIME
Rule B. (a) Trainmen on short turnaround passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty in excess of eight (8) hours (computed on each run from the time required to report for duty to the end of that run) within nine (9) consecutive hours; and also for all time in excess of nine (9) consecutive hours computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour, This rule applies regardless of mileage made. For calculating overtime under this rule the management may designate the initial trip.
This rule - paragraph (a) - became effective January 1, 1948 as per agreement dated November 21, 1947 which further provided "that existing rules or practices for the splitting of overtime shall be eliminated."
Note: Time consumed in Incidental or additional service and paid for separately should not be included in calculating time under the 8 within 9 hour rule.
(b) Trainmen on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour computed continuously from the time required to report for duty until released at the end of last run. Overtime shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed overtime shall not accrue until the expiration of seven (7) hours and thirty (30) minutes from time of first reporting for duty.
(e) Overtime in all passenger service shall be paid for on the minute basis at a rate er hour of not less than one-eighth of the daily rate herein provided. Under this rule the rate for overtime will be $1.655 per hour.
TACOMA DIVISION
VAUDEAQLLE PASSENGER SERVICE
Rule 6. (a) Each crew will be given a home terminal at either Seattle or Tacoma.
(b) Crews will be given an assignment by bulletin which will designate certain trains to be covered, but may be used on passenger train other than those specified in bulletin provided they cover same territory as prescribed by bulletin assignment without payment of an additional day.
© The mileage of the three trip assignment in effect January 1, 1919, will be considered the maximum mileage to be made for a minimum day’s pay. Mileage In excess will be paid for at the established mileage rate. Overtime will be paid under the provisions of the "eight-within-nine" hour rule. If used in other service crews will be paid a minimum day for the work in addition to regular assignment for each time so used.
EXAMPLE:
1. Crew in "Vaudeville" service with home terminal at Seattle. On a certain day stands for and makes the following run as per bulletined assignment:
Report for duty 6:10 A.M.
Leave Seattle 6: 40 A.M.
Arrive Tacoma 8a.10 A.M.
Leave Tacoma 8:55 A.M.
Arrive Seattle 10:25 A.M.
Release from 10: 25 A.M. until 11: 25 A.M.
Leave Seattle 11:40 A.M.
Arrive East Auburn 12: 35 P. M.
Leave East Auburn 1:30 P. M.
Arrive Seattle and ties up 2: 25 P. M.
Actual miles run, 125.6.
Allowance: Spread of time 8115, and deducting 1 hour release at Seattle, no overtime accrues. 121.2 miles equivalent to minimum day’s pay, actual miles run 125.6. Crew entitled to minimum day’s pay plus
4.4 excess miles.
2. Crew in "Vaudeville,, service with home terminal at Seattle. On a certain day stands for the following run as per bulletined assignment:
Report for duty 7: 40 A ‘ M.
Leave Seattle 8: 10 A.M.
Arrive Tacoma 9: 3 0 A.M.
Release from 9:30 A.M. until. 1:40 P. M.
Leave Tacoma 1:55 P. M.
Arrive Seattle 3:15 P. M.
But for certain reasons, crew is used on trains other than those enumerated above, but covers the number of trips and the same territory specified in the assignment bulletin, making run as follows:
Report for duty 8: 10 A.M.
Leave Seattle 8: 40 A.M.
Arrive Tacoma I 0: 00 A.M.
Release from 10:15 A.M. until 8:30 P. M.
Leave Tacoma 8:45 P. M.
Arrive Seattle lo:o5 P. M.
Ties up 10:10 P. M.
Actual miles run, 80.8.
Allowance: Spread of time 14 hours and deducting 1 hour release at Tacoma, 5 hours overtime accrues after 9 consecutive hours. Crew entitled to one minimum daily’s pay plus 5 hours overtime.
3. Crew in "Vaudeville service with home terminal at Seattle, assignment for certain day specifying one round trip, Seattle to East Auburn and return:
Report for duty 11:40 P.M.
Leave Seattle 12:10 A.M.
Arrive East Auburn and
after turning train on
wye released at 1:30 A,M.
Due to leave East Auburn
on regular assignment
for return trip to Seattle 8:00 A.M.
After completing first half of assignment, Seattle to East Auburn, it is found regular trains are late and crew is used on special East Auburn to Tacoma, coming on duty and
Leaving East Auburn at..... 10-25 A.M.
Arrive Tacoma............. 11:25 A.M.
Leave Tacoma for Seattle
In service or deadhead. .. .12:55 P.M.
Passes through Auburn at. . . .. I:So P.m. Arriving Seattle and tying up 2:
1 5 P.M. Total spread of time in service, l4P35#1. Time consumed on diversion East Auburn to Tacoma and return, 3PO5,,.
Allowance: For regular assignment Seattle to East Auburn and return, minimum passenger day plus 2P3Op, overtime. (Overtime arrived at by deducting 1 hour for release at East Auburn under "8 within 9" hour rule
and the 3,051, consumed on diversion to Tacoma outside the territory covered by regular assignment.) For the diversion East Auburn to Tacoma and return, crew entitled to a minimum passenger day in addition to pay for regular assignment. Note: Same principle as outlined in these examples applies to crews in "Vaudeville" service having home terminal at Tacoma.
EARNINGS GUARANTEE
Rule 7. When the monthly earnings of regularly assigned passenger trainmen from daily guarantees, mileage, overtime and other rules do not produce the following average amount per day, they will be paid for each day service is performed:
Per Day
Flagmen and Brakemen......... $13.51
When extra men fill vacancies In regular positions, they take conditions of the regular positions. Service performed by extra men not fllling place of regular men will be paid not less than the daily earning minima for each day service Is performed.
METHOD OF APPLYING DAILY AND
MONTHILY GUARANTEES
(1) (a) Trainman on thirty day assignment; paid daily minimum ($13.235), plus eight minutes overtime daily, or a total of four hours, at $1.655, equals $6.62, total $403.67. As average daily earning for the days on which service is performed is less than $13.51 will receive 30 x $13.51 equals $ 405.30.
(b) Trainman In example No. I (a) lays off five
days. He receives 25 days at $13.51 - $337.75;
extra man 5 x $13.51 - $67.55.
© Trainman on 30 day assignment, making
140 miles dajly, is subject to the monthly guarantee of $397.00; makes 10 minutes overtime daily,
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Amounting to $9.27; is required to perform extra service. Payments' accruing under the schedule rules for the extra service will be applied against the payment of 30 days times $13.61 per day, viz., $405.30. If Buch additional payments produce compensation in excess of $405.30, daily earning guarantee not involved.
(d) Trainman on thirty-day assignment paying daily minimum ($13.235) which equals $397.05; average daily earning guarantee 30 x $13.51 equals $405.30. Regular maxi lays off 10 days during month and receives 20 x $13.235 - $264.70; extra man working 10 days in regular man’s place earns $142.00 (including overtime). Regular man receives $264,70; extra man receives $142.00; total $ 40 6.7 0. As this Is more than average of $13.51 for days of assignment guarantee not involved.
(2) (a) Trainman on 26 day assignment; makes no overtime and performs no extra service; therefore, is subject to the monthly guarantee of $397.00. @ of $397.00 equals $15.27 per day. Daily earning guarantee not involved.
(b) Trainman in example 2 (a) lays off one day; daily earning guarantee not Involved; therefore, regular trainman receives % of $397.00 extra man working In his place ‘he of $397.00.
© Trainman on 26 day assignment makes no overtime; is required to perform extra service on lay-over day for which schedule requires payment of $13.235 which added to monthly guarantee of $397.00 equals $410.23; $410.23 divided by 27 days equals $15.19. Daily guarantee not involved.
(3) Trainman on 28 day assignment, subject to the monthly guarantee of $397.00, earns 10 bours overtime at $1.695, which equals $16.95; total $413.95. 28 days x $13.51 equals $378.28. Daily earning guarantee not involved.
(4) Trainman on 28 day assignment which Is subject to the monthly guarantee of $397,00, lays off for one day; receives 27h8 of $397.00 or $382.82; the extra man or $14.18. Daily earning guarantee not involved for either regular or relief man.
(5)Extra man (not filling place of a regular man) on first day (a) is used under conditions resulting In 2 minimum days; second day
(b) makes 200 miles; third day © makes 125 miles, no overtime; fourth day (d) makes 125 miles and 4 hours
(a) will be paid 2 days at $13.235, equals $ 26.47.
(b) will be paid 200 miles at $0.08807 per mile, equals $17.61.
© will be paid daily earning guarantee $13.51.
(d) will be paid daily minimum - $13.235, plus 4 hours overtime at $1.695, equals $20.01.
Note: All adjustments account application of average daily earning guarantees to be made on second period pay rolls each month and shown as a separate item. Monthly guarantee to be applied in same manner as heretofore.
SPECIAL PASSENGER SERVICE RATE
Rule 8. For special passenger service such as President’s, General Manager’s, General Superintendents’, Superintendents’ and other officers’ specials, also officers’ trains from other lines that are not revenue trains, rate will be for passenger trainmen, $0.08807 per mile, with a minimum of $13.235 per day; 150 miles or less, 7 hours 30 minutes or less, to constitute a day, overtime at not less than one-eighth of the daily rate per hour.
On runs of 160 miles or less overtime will begin at the expiration of 7 hours 30 minutes; on runs of over 150 miles overtime will begin when the time on duty exceeds the miles run divided by 20.
ASSIGNMENT NOT DISCOUNTED
Rule 9. (a) The time of assigned trainmen will not be discounted for days not used.
WORKED OR HELD ON THEIR LAY-OVER DAY
(b) Regular assigned trainmen will not be used on their layover day if other trainmen are available. If trainmen are to be used they will be notified and if so notified and are not used, will be paid a full day’s pay at their regular rates. If used, they will be paid the rate applicable to class of service rendered, but not less than the rates of their regular assignment. If trainmen are not notified they are to be used they will not be considered absent from duty if needed and are not on hand.
Note: Extra trainmen will be considered available provided they are subject to call and can be deadheaded to point where needed in time to be used.
USED ON OTHER RUNS
© Assigned trainmen will not be used on runs other than those to which regularly assigned to make up monthly guarantee.
USED OUTSIDE THEIR ASSIGNMENTS
(d) Assigned trainmen used outside their regular assignments will be paid for such service in addition to regular pay at regular rate for service rendered, with a minimum of one day.
RELIEAVING REGULAR MEN -ALLOWANCE
(e) A trainman relieving a regular assigned passenger man will be paid not less than the regular man would have received.
CONIBINED ASSIGNNIENT MAIN AND
BRANCH LINE
(f) Except as provided in Rule 21 of this Article, passenger trainmen will be assigned to cover main line runs exclusively and others for branch line runs, except where trainmen run on both branch and main line on a continuous trip on same train.
MILEAGE ALLOWANCES
Rule 10. Mileage allowances will be computed on time table distances.
DIVERSIONS
Rule 11. (a) Crews required to go off their runs to make side trips will be paid one minimum day for such diversion.
It is understood that this rule does not apply when trains are run between the same terminals over an alternate route.
(b) In computing overtime for trip in connection with which diverted trip is made, time consumed on side trip will be deducted from total time on duty before overtime is allowed.
PAY FOR TERIMINAL WORK
Rule 12. (a) Trainmen required to do switching at their terminals or at regular established chain gang terminals will be paid for time so employed at overtime rates.
(b) Trainmen turning trains or engines or cars on turn-tables or wyes at their terminals or regular established chain gang terminals will be paid for actual time consumed at overtime rates. This in addition to all other allowances, except as provided in Rule 4-1 (a) and Rule 4-2 (a).
NON-INCIDENT WORK
Rule 13. (a) Where work train work is done in connection with other service, trainmen will be paid at overtime rates for time held.
(b) Trainmen required to do work not incidental to their train will be paid for time held in addition to time or miles made on trip.
SPECIAL ALLOWANCE, ASHLAND
Rule 14. Practice heretofore to allow thirty minutes per day to passenger trainmen for turning engine and mail car arriving at Ashland on passenger train from Duluth, which returns to Duluth, will be continued.
SPECIAL ALLOWANCE, MNNEAPOLIS
Rule 15. Trainmen on Lake Superior Division passenger runs, originating or terminating at Minneapolis, will be paid at overtime rates for handling their train between Minneapolis Union Station and the coach yard with minimum of thirty minutes, on outgoing trip time to be computed from time required to come on duty until scheduled departure time from station, and an incoming trip from time of arrival at station until final release; this allowance to be absorbable when overtime accrues.
CONSTRUCTIVE MILEAGE
Rule 16. Trainmen will be paid six (6) constructive miles running over mountain between:
Livingston and Bozeman,
Whitehall and Butte,
Helena and Elliston,
Missoula and Arlee,
Easton and Lester.
Where constructive mileage is paid it will be in addition to all other allowances paid for the trip.
DETOURING
Rule 17. When it becomes necessary to make long detours, under circumstances making double crewing necessary, trainmen so assigned will be allowed full time. Meals will be furnished free while on foreign roads and until they reach the limit of their home division territory. Sleeping car accommodations will be furnished trainmen off duty free when su6h accommodations are available. When traveling from place to place by order of the railroad, the provisions of Article III, Rule 75, will apply.
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TRMN BOXES AND SUPPLIES
Rule 18. A place will be provided at main line terminals, where possible, for train boxes and supplies. S’"IEEP OOACRES
Rule 19. (a)It will not be the duty of trainmen to sweep coaches.
LOAD OR UNLOAD BAGGAGE
(b) It will not be the duty of trainmen to load or unload baggage at any terminal.
PILOTING LIGHT ENGINES ON ROAD
© It will not be the duty of passenger trainmen to pilot light engines when other men are available.
PILOTING ENGINES TO AND FROM ROUNDHOUSE
(d) At main line terminals men wiII be provided to couple engines on or cut engines off and pilot engines to and from roundhouse.
RUNS OVER MORE THAN ONE DIVISION
Rule 20. When passenger trainmen run over two or more divisions under more than one Superintendent, the assignment shall be made on basis of percentage of miles run on each division.
Note: Under this rule the apportionment of men on joint runs between the St. Paul (east) and old Minnesota Divisions will be ratio four men for St.
Paul Division (east) and three men for the old Minnesota Division.
Extra passenger trainmen on these runs will be handled as follows: In event a brakeman assigned to either division lays off, a brakeman from the division to which he was assigned will be given the extra work, provided there is 2,500 miles due either division. Example: When the mileage is balanced at the end of each month, and the mileage is less than 2,500 miles due either division, the other divisloi3 will not be permitted to work out their mileage until the expiration of another thirty-day period.
The extra list for passenger brakemen to be maintafned at St. Paul. At the expiration of each thirty (30) day period, a statement will be furnished the Local Chairman of each division, showing total mileage made by joint crews.
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REARRANGEMENT OF ASSIGNMENTS
Rule 21. The following paragraphs are adopted from Article IV, Supplement 16 to General Order
No. 27 of the United States Railroad Administration:
(a) Reductions In crews or increases in mileage In passenger service from assignments in effect January 1, 1919, shall not be made for the purpose of offsetting these increases in wages, but nothing In this order is understood to prevent adjustment of runs in short turnaround and suburban service that are paid under minimum rules for the purpose of avoiding payment of excess mileage or overtime that WGUld accrue under these rules, without reducing the number of crews. Such runs may be rearranged, extended or have mileage changed by addition of new train service; separate I)ools or assignments may be segregated or divided, provided that crews are not taken off or reduced in number. Added mileage up to mileage equaling the mileage rate divided Into the guaranteed daily rate does not change, take from or add to the minimum day’s pay, and this added mileage is nocto be construed as "increase in mileage" within the meaning of this ruie.
(b) For the purpose of avoiding payment of excess overtime on turnaround runs in passenger service when any part or leg,thereof is over 80 miles, the railroads will be privileged to rearrange runs, combine pools or sets of runs, and may establish interdivisional ruiis excepting when this may be prohibited by provisions of existing agreements, such runs to be paid for In accordance with the mileage schedules of this order, but in no case less than the combination of trip rates In effect at the date of this order.
QUESTION -What rearrangements of runs are permissible under this rule?
DECISION - (1) Management and committee should meet this questioil in a spirit of equity and agree upon rearrangements or combinations of runs for the purpose of reducing excess overtime as far as possible and to equalize mileage, provided no constructive mileage is absorbed.
(2) Where all crews Involved make in excess of the mileage constituting a day, mileage may be taken from one crew and added to another, if by so doing, overtime accruing under former assignments can be reduced.
is
(3) Turn-around runs, may be changed to straight-away runs, paying not less than the minimum day in each direction.
(4)Interdivisional runs may be established excepting where prohibited by provisions of existing agreements, providing conductive mileage Is not absorbed.
(5) Short turn-around runs may be combined, or pooled, with long straight-away or turnaround runs, providing crews are not reduced in number or constructive mileage absorbed.
PERFORMING BAGGAGEMAN
Rule 22. A trainman required to perform the duties of baggageman, in addition to his other duties, will be paid an additional allowance of $53.70 per month.
18 DUTI[ES
HANDLING U, S. MAIL, BAGGAGE AND EXPRESS
Rule 22-1. Adopted from Agreement dated September 15,1952:
When a passenger trainman (brakeman) i8 required by proper authority to handle U. S. Mail, baggage, express or other head end passenger train business, from train and place it in a station building or lock box, or vice versa, he will be compensated therefor on the basis of one cent per mile for the actual miles run with a minimum of 150 miles per trip in addition to all other allowances for the trip upon which such service is performed; provided that when such service is performed at more than five stations on a trip, compensation as hereinabo,%-e provided for will be on the basis of one and one-half cents per mile for such trip. The term "trip" as herein used means a day’s work or assignment for which the trainman is paid not less than a minimum passenger day.
The additional compensation herein provided for will apply only to a trainman who is required to perform the service herein specified and only on trips upon which such service is performed, and only to passenger trainmen who are paid the paseei3ger trainmen’s rates of pay.
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ARTICLE 11
FREIGHT SERVICE RATES OF PAY
Rule 23. Per Mile Per Day Mixed Train Service....... 14.520 $14.52
Mountain Mixed Train Service................ 15.130 15.13
Through Freight Service. . 13.350 13.35
in Through Freight Through Freight service.
Mountain Through Freight Service 15.100 15.10
Local Freight Service 14.15; 14.15
Mountain Local Freight Service 15.130 15.13
Work or Wrecking Service 13.720 13.72
Mountain Work or Wrecking Service 14.650 14.65
Snow Plow Service 14.150 14.15
Mountain Snow Plow Service 14.650 14.65
Fine Service..............
.Note: Mountain rate applies to service as defined in paragraph (a), Rule 30, of this Article.
BASIC DAY AND OVERTIME
Rule 24. (a) In all freight service, 100 miles or less, 8 hours or less (straight-away or turnaround), shall constitute a day’s work. Miles in excess of 100 will be paid for at the mileage rates provided.
(b) On runs of 100 miles or less overtime will begin at the expiration of 8 hours; on runs of over 100 miles overtime will begin when the time on duty exceeds the miles run divided by 121/i. Overtime shall be paid for on the minute basis, at a rate per hour of three-sixteenths of the daily rate.
BEGINNING AND ENDING OF DAY
Rule 25. In all classes of service other than passenger, trainmen’s time will commence at the time they are required to report for duty and shall continue until the time they are relieved from duty. The management may designate the time for reporting for duty.
SINGLE DAY WORK TRAIN, OR SNOW PLOW ASSIGNMENT
Rule 26. (a) A crew in single day work train or snow plow service may be run into and out of the is initial terminal any number of times in connection with their work train or snow Plow service during the course of the day’s assignment without incurring a penalty for run-arounds in case of crews already at the terminal in and out of which the work train or snow plow crew may run; and Rules 66 (a) and 79, Article Ill, will not apply. Rules 66 (a) and 79, Article III, will apply on straight-away runs from one established chain gang terminal to another.
(b) It is permissible in case of a wreck to continue a crew assigned to wrecking service in that service until wreck is cleared without incurring a. penalty for run-arounds in case of crews already at terminals in and out
of which the wrecking creamay run. This applies to wrecks and not where wrecking outfit is used in other than wrecking service.
TURN-AROUND RUNS
Rule 27. (a) ln freight service, a turn-around run is a run from a terminal to an intermediate point and return to starting terminal, time to be continuous and not less than 100 miles will be allowed for each run, except as hereinafter provided.
(b) Regular assignments may be made consisting of a succession of short trips out of a terminal, provided the second or any succeeding run shall be started within eight (8) hours from the time crew was required to come on duty for the first trip, or wlien the actual miles run are less than one hundred (100) ; otherwise, the additional runs will be considered as commencing a new day.
Note: The turn-around point will -be considered an intermediate point. ©Trainmen in pool or irregular freight service may be called to make short trips or turnarounds with the understanding that one or more
turn-around trips may be started out of the same terminal and paid actual miles, with minimum of 100 miles for a day; provided - (1) That the mileage of all the trips does not exceed 100 miles, and (2) That men shall not be required to begin work on a succeeding trip out of initial terminal after having been on duty 8 consecutive hours, except as a new day, subject to the first-in-first-out rule.
Note: When trainmen are to be used in turnaround service, they will be so advised when called.
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COMBINATION ROAD-SWITCH RUNS
Rule 28. Assignments may be made between Cle Elum and Lakedale combining yard and road service.
At other points where switching service is not maintained turn-around assignments in road switch service may be made combining road and yard service providing the total mileage of the road trips does not exceed thirty-five miles.
The combination service will be computed on continuous time basis at local freight rates. If crews are required to leave home terminal after having been on duty eight consecutive hours, a new day will be started.
Trainmen in such assignments will be allowed twelve (12) constructive miles for each day of eight (8) hours or less, and pro rata for time in excess of eight (8) hours.
Road rules will apply with the exception of Rule 38, Article II, and Rules 66 (a) and 79, Article III, which will not apply to such assignments.
Example 1:
Crew comes on duty at 7:00 A.M. Relieved at 3:00 P.M.
Allowance, 112 miles.
Example 2:
Crew comes on duty at 7:00 A.M. Relieved at 4:00 P.M.
Allowance, 113% miles at the mileage rate plus one hour overtime at ;Ks of the daily rate.
Example 3:
Qrew comes on duty at 7:00 A.M. Relieved at 5:00 P.M.
Allowance, 115 miles at the mileage rate plus two hours overtime at %a of the daily rate.
Note: Where the assignment is mixed train service, the mixed train rate Instead of the local rate will apply.
TRANSIFER SERVICE, AUBURN, SEATTLE
AND TACOMA BILLINGS AND LAUREL
Rule 29. (a) Each crew assigned will be given a home terminal designated by bulletin.
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(b) Time to be continuous, except it required leave home terminal, after expiration of eight hou from time required to come on duty for first tri a new day will start.
© No penalty will result It one crew enters t home terminal of another crew and leaves aga before the expiration of the 8-hour period when other crews are in the terminal.
Note: Rules providing payment for switching terminals and turning engines on turn-tables wyes will apply at initial and final terminal. wyes will apply at initial and final terminal.
MOUNTAIN SERVI[CE
Rule 30. (a) Freight trainmen assigned mountain service or used on turn-around runs between: mountain service or used on turn-around runs between: Livingston and Bozeman, Whitehall and Butte, Helena and Elliston, Missoula and Arlee or Dixon, Wallace, Burke and Sunset, St. Regis and Wallace, Howell and Kendrick, Zangar Junction and Helix, Smeltz and Duroe, Cle Elum and Lei3ter, will be paid the mountain rate named in Rule 23 o this Article.
CONSTRUCTIVE MILEAGE ALLOWANCES
(b) Freight trainmen will be allowed 12 constructive miles running over mountain between-.
Livingston and Bozeman,
Helena and Elliston,
Missoula and Arlee or Dixon,
Easton and Lester,
Whitehall and Butte,
Saltese and Wallace,
Six constructive miles between:
Howell and Kendrick,
and eight constructive miles between:
Zangar Junction and Helix,
Smeltz and Duroc.
D TRAIN SERVIOE
Rule 31. A combination of passenger and freight service on one train except local freight trains that are regularly permitted to carry passengers) or runs a portion of which are passenger and n of the balance mixed or other freight, or both, will be classed as mixed train service and paid the mixed train rate named in Rule 23 of this Article.
LOCAL FREIGHT SERVICE
Rule 32. (a) Local freights are trains whose work is loading or unloading of freight or doing station switching en route. Trainmen on local freight trains will be paid the local rate named in Rule 23 of this Article.
(b)Trainmen in through or irregular freight service required to load or unload freight at more than two points en route or pick up or set out cars at three or more points en route, or do station switching at any point, will be paid local freight rate for the entire trip, setting out disabled cars and cars with hot boxes excepted.
(e) Local rate will apply to log trains (except straight-away log runs handled in through freight service), coal trains to and from mines, regular assigned ore service and transfer or switch runs handled by road trainmen.
(d) When one train is operated west-bound between Lake Park and East Grand Forks via Crookston it will be classed as a local and paid the local rate.
SNOW PLOW SERt7lCE
Rule 33. (a) Trainmen engaged in snow plow service will be paid the snow plow rate named in Rule 23 of this Article.
(b)When plows or flangers are run over road not in service, trainmen will be paid at through freight rates, but if used en route to widen cuts or flange sidings, trainmen will be paid snow plow rates for the entire trip.
(e) Men will be provided to ride Russell plows and handle flanger and wings, or other snow plow appurtenances. It will not be the duty of trainmen to do this except in emergencies. If required to do so, they will be paid for time consumed in addition to all other allowances for trip.
CIRCUS TRAINS
Rule 34. Trainmen handling circus or theater trains that stop to exhibit q%rill. except on the last move, be paid not less than 12 hours 48 minutes or 160 miles at through freight rate for each move, including loading and/or unloading of circus or theater; overtime at Both of the daily rate will be allowed for time in excess of 12 hours 48 minutes and if the mileage exceeds 160, overtime will begin when the time on duty exceeds the miles run divide by 12%. On the last move, if less than 12 hours 49 minute is used, actual time or miles will be paid with minimum of 100 miles; overtime at %eth of the daily rate will be allowed for time in excess of hours and if the mileage exceeds 100, overtime will begin when the time on duty exceeds the miles run divided by 12..
Trainmen used in other service during the time circus or theater is exhibiting shall be paid extra therefor according to the class of service performed unless the service performed is switching made necessary by the presence of the circus train. When these trains do not stop to exhibit, they will be considered a through freight train and will be pat through freight rate.
DOUBLING MLLS, RUNNING FOR WATER@ ETC
Rule 35. Actual mileage will be allowed an added to mileage of trip for doubling hills, running for water and for cutting off engines to help othe trains.
Examples:
(1) Distance, 115 miles; required to double, miles; total actual miles, 125. Allowance, 125 miles at the mileage rate plu overtime, if any, accruing after 10 hours.
(2) Distance, 90 miles; required to double, miles; total actual miles, 98. Allowance, 100 miles.
(3) Mileage, same as shown in Example 2; ere on duty, 10 hours. Allowance, 100 miles at mileage rate, plus 2 hour overtime at 3icth of the daily rate. overtime at 3icth of the daily rate.
MILEAGE ALLOWANCES
Rule 36. (a) Mileage allowances will be computed on time table distances. In addition to the timetable mileage, following allowances will be made as long as present conditions continue:
(b) Northtown. Eastbound St. Paul Division freight trainmen, on trains terminating in j’A" Yard, I mile. On freight trains between Northtown and Staples received or delivered in the "D" Yard, 1.6 miles. On freight trains between Northtown and Staples received or delivered in the Grove Yard, 1.8 miles.
© Staples. Westbound Lake Superior and St. Paul Divisions, freight trainmen, 2.4 miles on freight trains terminating on short yard tracks in eastward and/or westward yard; 3.4 miles on freight trains terminating on extended tracks, or when terminating on main line tracks opposite the extended yard tracks.
(d) Dilworth. Westbound Fargo and Southwestern freight trainmen, 1 mile. St. Paul Division eastbound trainmen, on trains from the eastbound yard, 1 mile. Westbound St. Paul Division freight trainmen yarding trains in eastbound yard, 2.6 miles.
(e) Mandan. First subdivision westbound Yellowstone Division freight trainmen, 1 mile on incoming and outgoing trains.
(f) Dickinson. First subdivision westbound Yellowstone Division freight trainmen, 1.9 miles.
(g) Glendive. Westbound second subdivision freight trainmen, 1.9 miles. Eastbound second subdivision freight trainmen, 1.3 miles. Third subdivision eastbound Yellowstone Division freight trainmen, 1 mile.
(h) Forsyth. Fourth subdivision eastbound Yellowstone Division freight trainmen, 1 mile. Fourth subdivision westbound freight trainmen, 1 mile. Third subdivision westbound Yellowstone Division freight trainmen, 1.4 miles when yarding train on yard tracks; 2.4 miles when yarding train on main line.
(i) Laurel. Fourth subdivision eastbound Yellowstone Division freight trainmen, 1 mile. Eastbound fifth subdivision Yellowstone Division freight traiumen, 2.3 miles.
(j) Butte. Rocky Mountain (Old Montana) Division freight trainmen who are required to go from roundhouse to "MT-T" Yard with or for train, and Rocky Mountain Division freight trainmen accompanying engines between roundhouse and "MTT" Yard, 1.7 miles.
(k) Helena. Eastbound third subdivision Rocky Mountain Division freight trainmen, 1.1 miles.
(1) Missoula. Weetbound third subdivision freight trainmen, delivering train in west yard, 1.5 miles.
(m) Paradise. Westbound via St. Regts, freight tminmen. 1 mile.
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(n)Yakima. Trainmen between Auburn and Yakima on freight trains received or delivered in the new train yard at Yakima east of the passenger station, I mile.
(o)Seattle. Trainmen on freight runs between
Seattle and Portland, 3.8 miles on movements made
from roundhouse to Middle Yard via Argo, or in reverse direction, from Middle Yard to roundhouse via Argo.
(p) Centralia. Trainmen In freight service on the Willapa Harbor Line originating or terminating In the freight yard, 1.4 miles on incoming or outgoing trains.
SI]DE OR LAP BACK TR@
Rule 37. When a crew is required to make a side trip or lap back trip between their terminals, miles made on side trip or lap back trip will be paid for In addition to the regular mileage allowance for the trip between terminals, except if overtime accrues the mileage for the side trip or lap back trip, or the overtime, whichever is greater, will be allowed; overtime to be computed on the basis of the mileage of the trip exclusive of the side or lap back trip.
It is understood that this rule does not apply when trains run between the same terminals over an alternate route.
Note: This rule will not apply where side trip or lap back trip is made a part of the regular assignment.
TE AL SWI[TCEEING
Rule 38. (a) Trainmen required to do switch-
Ing at terminals will be paid for time so employed
on the basis of one-eighth of the daily rate per
hour. When overtime accrues, the allowance for switching or the overtime, whichever is the greater, will be paid.
Examples:
(1) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to Bg 100 miles; relieved at B. 3: 00 P.M. Compensation, 100 miles plus 2 hours’ switching at one-eighth of the daily rate.
(2) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9-.00 A.M. and runs to B, 100 miles; relieved at B, 4:00 P.M.
Compensation, 100 miles plus 2 hours’ switching at one-eighth of the daily rates, such allowance being greater than 1 hour overtime at one and onehalf time.
(3) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 4:20 P.M.
Compensation, either 100 miles plus 2 hours’ switching at one eighth of the daily rate or 100 miles and 1 hour 20 minutes road overtime at %eth of the daily rate per hour, because the money value of the terminal allowance and the money value of the road overtime at %eth of the daily rate are equal.
(4) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 5:00 P.M.
Compensation, 100 miles plus 2 hours’ overtime at @6th of the daily rate per hour. In this case the money value of the road overtime at @eth of the daily rate exceeds the allowance of 2 hours’ switchIng at one-eighth of the daily rates.
Note: In calculating the time engaged in switchIng it Is understood that the time will be continuous from the time the work is begun until it is completed and train is coupled together.
TETRNING ENGINES OR CARS
(b) In freight service turning engines or cars on turn-tables or wyes at terminals will be considered terminal switching.
INITIAL TERNUNAL DELAY FREIGHT SERVICE
Adopted from Article 5 of May 25, 1951 Agreements
Rule 39. (a) Initial terminal delay shall be paid on a minute basis to Trainmen in freight service for all time in excess of seventy-five (75) minutes computed from the time of reporting for duty up to the time the train leaves the terminal at one-eighth ( %th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
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Note:The phrase "train leaves the terminal" means when the train actually starts on Its road trip from the yard track where the train is first made up.
This rule will not apply to pusher, helper, min run, shifter, roustabout, belt line, transfer, work wreck, construction. circus train (paid special rate or allowances), road switcher (district runs). or t local freight or mixed service where switching i performed at initial terminal in accordance wit schedule rules.
Note:The designation "mine run" as used in the preceding paragraph will not apply to .,coal" runs on the Mandan North Line terminating at Mandan or to ‘4coal" runs on the Rosebud Branch terminating at Forsyth.
The designation "transfer service" will not apply to "transfer" runs between the Twin Cities and White Bear Lake, or between Laurel and Billings, or between Auburn, Seattle and Tacoma.
The designation "work" service includes snow plow service, but will not apply to chain gang crews in unassigned work or snow plow service originating at a chain gang terminal except when engaged in performance of such service partly within and partly outside of such terminal.
Where mileage is allowed between the point o reporting for duty and the point of departure fro the track on which the train is first made up, eac mile so allowed will extend by 4.8 minutes th period of seventy-five (75) minutes after whic initial terminal delay payment begins.
(b)Wben road overtime accrues during an trip or tour of duty, in no case will payment to both initial terminal delay and overtime be paid but whichever is the greater will be paid.
© When a tour of duty is composed of series of trips, initial terminal delay will be computed on only the first trip of the tour of duty. Computed on only the first trip of the tour of duty.
FINAL TERMINAL DELAY FREIGHT SERIIICE
Rule 39-1. (a) In freight service, all time in excess of 30 minutes, computed from time engine reaches or stops for switch used in entering final terminal yard where train is to be left or yarded train
until finally relieved from duty, shall be paid for as final terminal delay; provided, that should train be stopped at final terminal because of yard conditions, or by a preceding train waiting in or to enter yard at the point where final terminal delay commences, final terminal delay, in excess of 30 minutes, shall be computed and paid for from the time lirst so stopped until finally relieved from duty.
Note:The phrase "that should train be stopped at final terminal because of yard conditions, or by a preceding train waiting in or to enter yard at point where final terminal delay commences . . ." means that should a train arrlve at such switch and other trains arrive and stand behind waiting to enter such yard, final terminal delay will be computed for all such trains from the time each train is so stopped. The phrase "final terminal yard where the train is to be left or yarded . . ." means the particular yard within the terminal in which the train is to be left or yarded.
At locations where the train entering yard is subject to delay account required by Operating Rule 93 to clear first class trains after stopping for switch used In entering final terminal yard where train is to be left or yarded, such delay will not be Included in computing time In excess of 30 minutes from the time stop was made by the train entering the final terminal yard.
(b) Where mileage Is allowed between the point where-final terminal delay time begins and the point where finally relieved, each mile so allowed will extend by four and eight-tenths (4.8) minutes the thirty minute period after which final terminal delay payment begins.
© All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one-eighth ( % th) of the basic daily rate, according to class of service, in addition to full mileage of the trip, with the understanding that the actual time consumed In the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule.
After road overtime commences, final terminal delay shall not apply and road overtime will be paid until finally relieved from duty.
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(d) When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty.
(e) This rule shall not apply to pusher, helper, mine run, shifter, roustabout, transfer, belt line, work, wreck, construction, road switcher or district run service. This rule shall not apply to circus train service where special rates or allowances are paid for such service.
Note:The question as to what particular service is covered by the designations used In paragraph (e) shall be determined in accordance with the rules and practices in effect.
The designation "mine run" as used in Section (e) will not apply to "’coal" runs on the Mandan North Line terminating at Mandan or to "coal" runs on the Rosebud Branch terminating at Forsyth.
The designation "transfer service" will not apply to "transfer" runs between the Twin Cities and White Bear Lake, or between Laurel and Billings, or between Auburn, Seattle and Tacoma.
The designation "work" service includes snow plow service, but will not apply to chain gang crews in unassigned work or snow plow service terminating at a chain gang terminal except when engaged in performance of such service partly within and partly outside of such terminal.
in local freight or mixed train service, time consumed in switching at final terminal shall not be included in the computation of final terminal delay time.
NON-INCEDENT WORK
Rule 40. (a) Trainmen required to chain up cars set out by other trains and or rebrass or repack cars set out by other trains on account of hot boxes, fill water barrels (except to give water to section houses or extra gangs) fill water cars or tanks, or thaw out water tanks, will be paid for actual time so consumed in addition to time or miles made on the trip.
DILWORTH
(b) Trainmen required to load or unload merchandise at Dilworth will be paid for time consumed in addition to allowance for trip.
SPECIAL PASSENGER TRAINS
Rule 41. Freight crews handling special passenger trains, such as President’s, General Manager’s, General Superintendents’, Superintendents’ and other officers’ specials, also officers’ trains from other llnes that are not revenue trains, will be paid through freight rate.
HANDLING PASSENGER ‘RRAINS OR
EMPTY EQUIPMENT
Rule 42. Freight trainmen will be paid freight rates for handling empty passenger equipment, and passenger rates for passenger trains, but for temporary service not less than they would earn if continued in freight service.
ASSIGNMENTS
Rule 43. (a)Trainmen assigned to regular runs paid the through freight rate will not be assigned for less than seven (7) days per week.
(b) Assigned trainmen paid rates other than through freight rate will not be assigned for less than the number of working days of the month, including holidays.
(e) When assignments are made trainmen will be advised whether the assignment is to be for six (6) or seven (7) days per week.
ADDITIONAL RUNS. HOW PAID
(d) Services rendered by regularly assigned trainmen, in excess of their regular run, will be paid for at regular rates for class of service performed with a minimum of one day.
Note: Lap back trips or side trips within the starting and outer limits of an assignment will be paid for under the provisions of Rule 37 of this Article.
WORKED OR HELD ON THEIR LAY-OVER DAY
(e) Regular assigned trainmen will not be used on their layover day if other trainmen are available. If trainmen are to be used they will be notified and if so notified and are not used, will be paid a full day’s pay at their regular rates. If used, they will be paid the rate applicable to class of service rendered, but not less than the rates of their regular assignment. If trainmen are not notified they are to be used they will not be considered absent from duty if needed and are not on hand.
Note: Extra trainmen will be considered available provided they are subject to call and can be deadheaded to point where needed in time to be used.
NOTMCATION OF ASSIGNMENT
(f)Trainmen assigned to work or snow plow service will be notified of such assignment when
called. Such assignments will consist of six (6) days or more. If such service is to be less than six
(6) days, paragraph (a), Rule 66 of Article III, will govern.
(g) Trainmen regularly assigned to work train service requiring them to be away from home over Sunday will, unless otherwise advised, be permitted to go home for that day, provided they can return before time for beginning work Monday morning. If advised to remain with car over Sunday and are not worked, they will be paid one day at work train rates.
GUARANTEE
Rule 44. (a) The time of assigned trainmen will not be discounted for days not used.
Note 1: Assigned crews not used in their regular assignment, but used in other service, will be paid not less than their assignment.
Note 2: Payments to crews under the provisions of this paragraph will be for the full mileage or hours of the assignment with minimum of one day, but will not include any overtime that may be made which is not part of the assignment.
(b) Trainmen regularly assigned to six (6) day week assignments in freight service, not used on the sixth day and used out of terminal on the seventh day (their layover day) will be allowed one hundred (100) miles on account of not being used on the sixth day and paid for service performed on the seventh day at regular assignment rates.
Example 1:
Crew regularly assigned in freight service between A and B.
Leave A at @,:30 A.M. Mondays, Wednesdays and Fridays.
Leave B at 9:00 A.M. Tuesdays, Thursdaya and Saturdays.
Layover Sunday at A.
Crew on Saturday (6tb day) is held at B and not ordered to leave B until after midnight.
3L
Allowance, one hundred (100) miles for Saturday (tble 6th day) and rates for regular assignment on Sunday (7th day) their layover day.
Example 2:
Crew regularly assigned in freight service between A and B.
Leave A at 8:00 P.M. Sundays, Tuesdays and Thur3days.
Leave B at 3:00 P.M. Mondays, Wednesdays and Fridays.
Layover Saturday at A.
Crew on Friday (6th day) is held at B and not ordered to leave B until after midnight.
Allowance, same as Example 1.
Example 3:
Crew regularly assigned in freight service between A and B, on turn-around run A to B and return, daily except Tuesday.
Leave A at 7: 3 0 P.M.
Layover at A on Tuesdays.
Crew on Monday (6th day) Is held at A and not ordered to leave until after midnight.
Allowance, same as Examples 1 and 2.
Note: This paragraph applies only to crews in freight service regularly assigned to six (6) day assignments ELnd to the sixth and seventh day of such assignment only.
THROUGH FREIGHT GUARANTEE
Rule 45. Trainmen in through freight service will be permitted to make at least 3,000 miles per month exclusive of all other allowances (except road overtime) or be paid therefor. This rule will not operate to prevent trainmen from making more than 3,000 miles per month. Trainmen working under the provisions of this rule who do not work all month will be paid not less than pro rata of the guarantee for days worked.
Note: When road overtime is used to make up the guaranteed mileage under this rule, it will be figured an basis of 12% miles per hour.
SERVICE OUT OF EAST GRAND F’ORKS
Rule 46. (a) Five (6) crews will be assigned between Lake Park and Pembina to trains 633,
7489 752, 129, 130 and one Extra East (East Grand Forks to Lake Park, Sunday only) t and first In, first out of East Grand Forks,
(b) The mixed train rate will apply Nos. 129 and 130. The local freight rate to the other trains named In this rule.
© Extra men assigned to fill vacancy one of these five (5) regular cars for 1 full month will be paid not less than pr monthly mileage made by such car, for signed. Miles allowed under this article up pro rate to be paid at local freight rate
Example: Trainmen assigned to fill vacancy on re 15 days in 30-day month; Makes 1,200 actual miles; Car makes 2,600 actual miles that month Entitled to ir)Ao of 2,600 miles, or 1,300
(d) The above will govern except du fall grain shipping season, When it is nee place additional crews in service to handle ness. During such period crews will be first in, first out of East Grand Forks permitted to make the
money equivalent miles per month at through freight rates of all other allowances, except road overtime paid therefor.
(e) Except as provided in paragraph (d rule, extra crews run on the Red River Bra not be pooled with regularly assigned crews be bandied independently and will not @l with the regularly assigned service.
Note: Rule 61 of Article III applies.
SWITCHING LIMIT ZONES
Rule 47. (a) Switching limit zones established including all yards in switching at -
Head of the Lakes, Twin Cities, Dilworth, Moorhead and Fargo. Marked by switching limit boards:
Duluth, Superior, Central Ave. Where switching limits are not defined, yard limits will govern the working zone of yardmen, and yardmen will do all yard, work train and transfer work within yard or switching limits, except:
TRANSFERS LAKE SUPERIOR DI’V’ISION
(b) Lake Superior Division roadmen will handle two transfer runs between Duluth, Superior, Central Avenue, Hill Avenue and East End.
TRANSFERS ST. PAUL DIVISION
© St. Paul Division roadmen will handle two transfer runs between St. Paul, Minneapolis and Northtown. (Yardmen will continue to handle transfer known as No. 55 run.) St. Paul Division roadmen may be permitted to handle stock and perishable freight destined to St. Paul and stockyards. Trainmen in freight service between Staples and St. Paul will be paid 150 miles.
Crews handling stock trains through to St. Paul or stock yards may be required to handle empty stock cars returning from stock yards or St. Paul to Northtown.
The White Bear transfer runs will be handled by road crews.
TRANSFERS LAUIREL AND BILLINGS.
EAST HELENA YARD CREW
(d) The transfer work between Laurel and Billings will be handled by roadmen. The yard work at East Helena will be handled by yardmen and no penalty time will be allowed road or yard men on account of yardmen going to East Helena to do switching at that point.
WORK TRAIN WORK
(e) Roadmen shall have the right to man work trains that are operated partly within switching or yard limits and partly on the road adjacent to such yard or switching limits; except where there is a sumcient amount of work inside of yard or switching limits to warrant assigning a crew to that service, a yard crew will be used.
SWITCMNG SERVICE AT INTERMEDIATE
POINTS
(f) When it becomes necessary to assign a crew to exclusive switching service at an intermediate point, a road crew will be assigned; in such cases road rates and rules will apply, but in no case will the rate paid be less than yard rates.
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Note: This will not operate to displace yardmen now holding such positions.
SWITCHIING SERVICE FOR NEW INDUSTRIES
AND CHANGING SWIITCING LIMITS
Rule 47-1. Adopted from Article 10 of May 25, 1951 Agreements:
(a) The employees involved, and the carriers represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, being desirous of cooperating in order to meet conditions on the various properties to the end that efficient and adequate switching service may be provided aiad industrial development facilitated, adopt the following:
(b) Except as provided in paragraph (c) hereof, where an individual carrier not now having the right to change existing switching limits where yard crews are employed, considers it advisable to change the same, it shall give notice in writing to the General Chairman or General Chairmen of such intention, whereupon the carrier and the General Chairman or General Chairmen shall, within 30 days, endeavor to negotiate an understanding.
In the event the carrier and the General Chairman or General Chairmen cannot so agree on the matter, any party involved may invoke the services of the National Mediation Board.
If mediation falls, the parties agree that the dispute shall be submitted to arbitration under the Railway Labor Act, as amended. The Jurisdiction of the Arbitration Board shall be limited to the questions submitted to it. The award of the Board shall be final and binding upon the parties.
© Where, after the effective date of this agreement, an industry desires to locate outside of existing switching limits at points where yard crews are employed, the carrier may assure switching service at such location and may perform such service with yard crews from a yard or yards embraced within one and the same switching limits without additional compensation or penalties therefor to yard or road crews, provided the switch governing movement from the main track to the track or tracks serving such industry is located at a point not to exceed four miles from the then existing switching limits. Road crews may perform service at such industry only to the extent they could do so if such industry were within switching limits.
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Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with paragraph (b) hereof.
The yard conductor (foreman) or yard conductors (foremen) involved shall keep account of and report to the carrier daily on form provided the actual time consumed by the yard crew or crews outside of the switching limits in serving the industry in accordance with this paragraph © and a statement of such time shall be furnished the General Chairman or General Chairmen representing yard and road crews by the carrier each month. Unless soine other plan for equalization of time is agreed to by the General Chairman or General Chairmen representing yard and road crews, the carrier shall periodically offer to road employes the opportunity to work in yard service, under yard rules and conditions, on assignments as may be mutually agreed upon by the local representatives of the employes involved, for a period of time sufficient to offset the time so consumed by yard crews outside the switching limits. In the event such local representatives fail to agree, the carrier will designate such assignments but shall not be subject to penalty claims because of doing so. Such equalization of time shall be apportioned among employes holding seniority as road conductors or road brakemen in the same ratio as the accumulated hours of yard conductors (foremen) and yard brakemen (helpers).
(d)This agreement shall in no way affect the changing of yard or switching limits at points where no yard crews are employed. (This rule (a) through (d) became effective August 1, 1951.)
FREIGHT SERVICE BETWEEN ST. PAUL AND
DULUTH* HOW PAID
Rule 48. (a) Trainmen in freight service on the Lake Superior Division will be paid on time basis between Duluth, Central Avenue, Alloupz and West Duluth Junction; and mileage basis between Allouez and Ashland, Central Avenue, St. Paul or Staples, West Duluth Junction, St. Paul or Staples.
FREIGHT SERVICE BETWEEN E. GRAND
FORKS, PEMBINA AND EMERSON, HOW PAI[D
(b) Trainmen in freight service on the second district, Red River Branch, will be paid on mileage basis between East Grand Forks and Pembina; time basis between Pembina and Emerson.
Note: On out-bound trips from Duluth, zone time will be calculated separately from the road trip outside the zone, road time to commence at Central Avenue, in each instance zone time to be paid for at one-eighth of the daily rate per hour.
Examples:
1. Report for duty at Duluth 7:00 A.M.
Leave Central Ave 9:00 A.M.
Arrive St. Paul 8:30 P.M.
Actual mileage Central Avenue to St. Paul, 150.
Allowance:150 miles at mileage rate plus 2 hours zone time at one-eighth of the daily rate per hour.
2. Same train arrives St. Paul. 9:30 P.M. Switches I hour, tying up at. 1 0: 3 0 P.M. Actual mileage Central Avenue to St. Paul, 150.
Allowance:150 miles at mileage rate plus 2 hours zone time at one-eighth of the daily rate per hour. (Road time Central Avenue to St. Paul, 13130f’) or 1’3011 overtime at three-sixteenths of the daily rate, which is greater than 1 hour for terminal switching at St. Paul at oneeighth of the daily rate.
Note:On in-bound trips to Duluth, either the zone time at one-eighth of the daily rate per hour, or the road overtime at three-sixteenths of the daily rate, based on the total time on duty, whichever is the greater, will apply.
3. Report for duty at St. Paul. . 7: 0 0 A.M.
Arrive Central Avenue 5*00 P.M.
Arrive Duluth and ties up 7:30 P.M.
Actual mileage St. Paul to Central Ave-
nue, 150.
Allowance:150 miles at mileage rate plus 2130" zone time at one-eighth of the daily rate per hour, which is greater than 30 minutes road overtime at threesixteenths of the daily rate.
4. Report for duty at St. Paul. . 7: 00 A.M.
Arrive Central Avenue 7:30 P.M.
Arrive Duluth and ties up 9:30 P.M.
Actual mileage St. Paul to Central Ave-
nue, 150.
Allowance:150 miles at mileage rate and 2f3O*’ overtime at three-sixteenths of the daily rate, which is greater than 2 hours zone time at one-eighth of the daily rate.
I DOUBLE-HEADERS AND HELPERS
Rule 49. (a) On freight trains of over forty cars, exclusive of cabooses, the practice of doubleheading will be discontinued, except as hereinafter stated.
(b) Doubleheaders may be run on any district provided the rating of largest engine handling the train is not exceeded.
© In case of an accident to an engine, consolidation may be effected with another train and consolidated train brought into terminal as a doubleheader.
(d) It is recognized that the exigencies of the business may require additional helper service to that provided for, in which event the matter shall be settled by negotiations between the management and committee, and provisions for pusher or helper service may be inade by management and committee for pusher or helper engines on any district to maintain the tonnage intact over grades.
(e) Helpers will be used between the following
points:
Duluth and Sawyer.
Duluth and Otter Creek. The tonnage rating of trains between Duluth and Sawyer and between Duluth and Otter Creek, will not exceed rating of road engine over the division.
St. Paul and Claymont.
East Minneapolis and point 2% miles toward White Bear.
Stillwater and point two miles out.
St. Paul and Minneapolis.
Little Falls and Lincoln.
Brainerd and point three miles toward St. Paul.
Koldok and Peak, and Peak and Berea via Valley City; with limitation of capacity of one locomotive between Dilworth and Koldok and between Peak or Berea and Jamestown.
Jamestown and Bloom.
Jamestown and Windsor.
Jamestown and Parkhurst.
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Jamestown and point one and one-half miles south on James River Branch.
Mandan and Bismarck.
Livingston and Bozeman. In case of wrecks, snow blockades or washouts, rendering low line via Powers between Logan and Bozeman impassable, helpers may be used to assist eastward freight trains Logan to Bozeman via Manhattan on first subdivision, with ]Imitation that no more tonnage Is hauled than road engine handles regularly via the low line.
Townsend and Helena, with ]Imitation that no more tonnage is taken out of Townsend than two engines will take Livingston to Bozeman.
Whitehall and Butte.
Helena and Garrison; with limitation that no more tonnage is taken from Garrison than two engines will take into Blossburg.
Stuart and Butte.
Missoula and Dixon.
Saltese and Wallace.
Spokane and Cheney.
Sprague and Tyler.
Cunningham and Providence.
Pasco and Badger; with limitation that no more tonnage is hauled with the aid of helper between these two points than the road engine can haul over the balance of the freight district.
Kendrick and Howell.
Easton and Lester.
Two engines may be used Auburn to Lester, via old or new line, and three engines Lester to Easton. On such trains twenty-eight miles constructive mileage will be allowed in addition to present mileage allowance. On all other trains, existing rates and conditions will govern.
It is not the intent of this rule to run turnarounds into Lester for the purpose of filling out eastward trains at Lester.
South Prairie and Buckley.
South Prairie and Wilkeson.
South Prairie and Carbonado.
Tacoma and South Tacoma.
Centralia and Castle Rock; with limitation that no more tonnage is hauled
with the aid of helpers
39
between these two points than the road engine can haul between Tacoma and Centralia.
Tenino and Rainier.
Pe Ell and Francis.
Woodinville and Snohomish.
Nisqually and Fort Lewis.
Bellingham and Larson.
Wickersham and Park.
(f) The number of helpers to be used between any of the points above named will be such as is necessary to move a train brought to such points by a single engine without any increase in the tonnage.
(g) Helpers may be run on any district when necessary because of storms, engine failures, to avoid running engines light, and moving engines to and from shops or from one division or district to another, provided the tonnage rating of the largest engine handling the train is not exceeded.
(h) Following is copy of an agreement, effective April 1, 1948, covering extension of helper limits on the Fifth and Thirteenth Subdivisions of the Tacoma Division:
MEMORANDUM OF AGREEMENT, Between the Superintendent of Tacoma Division and Local Chairmen of the Order of Railway Conductors and the Brotherhood of Railroad Trainmen, Tacoma Division, relative to the extension of helper limits between Bromart and Arlington, covering the Thirteenth Subdivision Bromart to Edgecomb, and the Fifth Subdivision Edgecomb to Arlington Jet., Tacoma Division.
We agree to the extension of helper districts between Bromart and Arlington Jct., covering the Thirteenth Subdivislon Bromart to Edgecomb, and the Fifth Subdivision Edgecomb to Arlington Jct., and two engines may be used between Bromart and Arlington Jct. On such trains twenty (20) constructive miles will be allowed and paid for in addition to all other allowances for the trip. On all other trains the existing rates and conditions will govern. It is specifically agreed that the constructive mileage allowance will only be made on trips on which a helper engine is used in violation of the doubleheader rules, that iso if a helper engine is used on a train of less than 40 cars or a train upon which the tonnage rating of the road engine Is not exceeded, the constructive mileage allowance will not apply.
40
Conductor pilots accompanying the double-header or helper engine will be allowed twenty (20) constructive miles when this allowance is made to road crews being helped except that this allowance will not be made more than once for each day or trip.
This agreement Is effective April 1, 1948 and may be terminated at any time without further negotiation by any of the parties hereto serving fifteen days written notice.
Approved:
/s/ C. H.]3urgess Assistant General Manager
/s/ E. M. Helgeson General Chairman, O.R.C.
/a/ I. P. Iversen
Superintendent
/s/ J. M. Sullenberger Local Chairman, O.R.C.
/s/ P. K. Byers
General Chairman B. of R.T.
/s/ R. G. Baker
Local Chairman D. of R.T.
CABOOSES
Rule 50. (a) It is understood the general practice will be to assign cabooses to local runs and chain gang districts and when so assigned they will be kept on such assigned runs or territory, except this will not prevent the Management from transferring these cabooses to other districts If conditions require such change, nor will it prevent a conductor from taking a caboose to which he is assigned into a work train assignment if he so desires, provided It is agreeable to the Management.
(b) Cabooi3es will be equipped with stoves, tools, signal appliances, lamps and such other isupplies as are required for the service. At terminals where car men are employed when supplies are needed for caboose, they will be put on by some one other than trainmen.
© It will not be the duty of trainmen to clean combination cars or cabooses used for carrying passengers.
(d) The following will be observed to the fullest possible extent:
There shall be a caboose track at all terminal Cabooses will be taken off trains and put caboose track immediately on arrival. Switch with cabooses is prohibited. Cabooses will not taken from caboose track and put on train until hours before leaving time of train,
Note: Application of Rule 50 is subject to visions of Article 7 of the May 25, 1951 Agreem with respect to pooling of cabooses which become effective August 1, 1951 and reads as follows:
Effective August 1, 1951 and reads as follows:
ARTICLE 7 - POOLING OF CABOOSES
(a) The employees affected by this rule and the carriers represented by the Eastern, Western an Southeastern Carriers’ Conference Committees, being desirous of cooperating in situations where train service can be improved and trains expedited b the pooling of cabooses, adopt the following:
(b) Where an individual carrier not now having the right of pooling cabooses considers it ad visible to establish such pooling, appropriate committee or committees representing the employee involved and proper representatives of the carrier will conduct negotiations relating thereto.
(e) A reasonable and practical approach to the problems herein referred to, namely-the pooling of caboose requires that the carriers and the employees definitely recognize each other’s funds mental rights, and where necessary, reasonable an fair arrangements should be made in the interest of both parties.
It is further agreed that:
(1) Whenever the carrier desires so to pool it cabooses, it shall give notice to the General Chair man or General Chairmen of such intention, specify ing the territory and service involved, where upon the carrier and employe representatives shall, with in 30 days, endeavor to agree upon any facilities that should be furnished to provide accommodation substantially equivalent to those formerly available on the cabooses and used by the employees and o appropriate arrangements for supplying and servicing such pooled cabooses.
(2) In -the event the carrier and such representatives cannot so agree on the matter, any part involved may invoke the services of the National Mediation Board.
(3) If mediation fails, the parties agree that the dispute shall be submitted to arbitration under the Railway Labor Act, as amended. The decision of the Arbitration Board shall be final and binding upon both parties.
ORDERING CREWS FIOR BRAINERD AND
STAPLES AT DULUTH
Rule 51. In ordering crews for Brainerd and Staples at Duluth, the terminal for each crew will be stated on the board or in the call, so that each will know when leaving Duluth whether his run will terminate at Brainerd or Staples. If the destination of the trip designated to end at Brainerd is changed to Staples, the allowance for the trip from Brainerd to Staples will be figured as if a new trip were begun at Brainerd. If the trip designated to end at Staples is terminated at Brainerd, the time allowance will be figured under Rule 80, Article 111, Brainerd being an intermediate and not a terminal point for such crews.
The local officers will arrange to the greatest possible extent to turn chain gang crews tied up at Brainerd back to Duluth, after reasonable rest, without undue delay, with proper regard for economical operation.
EXF’ERIENCED BRAKET*FEN ON LOCALS
Rule 52. Inexperienced brakemen will not be sent out on local freights when experienced brakemen are available on extra list.
Note: Under this rule brakemen will be considered experienced when they have had at least sixty (60) days’ actual experience as freight brakemen or sixty (60) days’ actual experience as yardmen on a steam surface railway.
THREE BRAKEMEN ON MAINLINE LOCALS
Rule 53. Main line local freight trains will be provided with three trainmen. The following will be considered main line territory:
Lake Superior Division:
Duluth and St. Paul
Duluth and Staples.
St. Paul Division:
Northtown and Staples.
Staples and Dilworth.
Fargo Division:
Dilworth and Jamestown.
Jamestown and Mandan.
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Yellowstone Division:
Mandan and Livingston.
Rocky Mountain Division:
Livingston and Helena or Butte.
Helena or Butte and Paradise via St. Regis.
Idaho Division:
Paradise and Spokane.
Spokane and Yakima
Tacoma Division:
Yakima, Seattle or Tacoma.
Seattle and Sumas via Belt Line.
Tacoma and Portland.
Buckley Line.
Branch line local freight trains will be proved with three trainmen when business will warrant.
Note: Where the preponderance of mileage combination main line and branch line local freight trains Is branch line territory, the provisions of the rule providing for three trainmen on main line local freight trains will not apply.
freight trains will not apply.
WHEN TRAIN IS MADE UP
Rule 54. Trainmen will not be required to commence work on trains in yard until notified the trains are made up.
DOUBLE LOADS AND DRAW BARS
Rule 55. It will not be the duty of trainmen t chain up double loads or to load drawbars.This rule will not apply to drawbars billed an offered for shipment from depot platform. offered for shipment from depot platform.
NOT REQUERED TO)REDE OUT
Rule 56. The practice of trainmen being re quired to ride out through stations will be die continued except on mountain grades or where extr precaution is required to assist in holding train, an through terminals. During cold and Inclement weather trainmen wil not be required to ride out on mountain grade except through stations at meeting points an railroad crossings at grades. railroad crossings at grades.
NOT DUTY TO HANDLE WORK TRAIN APPURTENANCES
Rule 57. It shall not be the duty of trainmen to handle cables, sideboards, sidedoors, aprons or to operate weed-burners, rail-loaders, dozers, spreader or other work train appurtenances.
OONSTRUCTIVE MILEAGEs WHEN PAID
Rule 58. Where constructive mileage is paid it will be in addition to all other allowances paid for the trip.
SHORT TRIPS ACCOUNT ACCIDENT,
RUNNING FOR WATER9 ETC.
Rule 59. Short trips from a terminal to an outlying point and return, from an outlying point to a terminal and return, or from an intermediate point to another intermediate point and return, on account of engine failure, running for fuel or water, running for wreck car or carmen, or on account of a derailment, when such conditions arise in connection with their own train, will be paid continuous time or mileage.
ARTICLE III
GENERAL RULES
PASSENGER AND FREIGHT
MORE THAN ONE CLASS OF ROAD SERVICE Rule 60. (a) Road trainmen performing more than one class of road service in a day or trip will be paid for the entire service at the highest rate applicable to any class of service performed. The overtime basis for the rate paid will apply for the entire trip.
Question No. 1. Does the rule apply to trainmen in unassigned and/or assigned road service?
Answer. Yes, except where existing rules adopted prior to August 1, 1939, specifically provide that trainmen will not be required to perform work other than that to which regularly assigned.
Question No. 2. Does the rule apply to trainmen at an intermediate point or between two intermediate points where trainmen are required to perform road service not incident to the normal trip?
Answer. Yes, except where existing rules adopted prior to August 1. 1939, specifically provide separate compensation for such work.
Question No. 3. Does the rule set aside lapback or side trip rules?
Answer. No. except that when a combination of service includes work, wreck, helper or pusher service, such rules will not be applicable to any movements made in the performance of such service.
45
Question No. 4. Does the rule set aside existing conversion rules?
A.nawer. No.
Question No. 5. Does the rule set aside existing terminal switching rules?
Answer. No.
Question No. 6. Does the rule apply to train men in passenger service?
Answer. Yes, except where under existing rules seniority acquired by employes in passenger service is separate and distinct from the seniority acquire by employes in freight service.
Helper or pusher service, not a part of their regular assignment, or wreck or work train servic should not be required of passenger trainmen except in emergencies.
Question No. 7. Does the rule apply to train men who are required at an intermediate point o points to perform work train service?
Answer. Yes, except where existing rule adopted prior to August 1, 1939, specifically provided for separate compensation for trainmen performing work train service.
Question No. 8. Does the rule apply where road trainmen are instructed at the outset of a trip be fore leaving the initial terminal to perform another class of road service outside of the terminal?
Answer. Yes, except where existing rule adopted prior to August 1, 1939, specifically provided otherwise.
Note: Paragraph (a) of Rule 60 and example appearing thereunder were adopted from th Cheney Award dated August 1, 1951. In accordance with the examples, Rules 9 (d) and 43 (d) and other rules appearing in this
Schedule, which were adopted prior to August 1, 1939, are unaffected.
(b)Trainmen in through freight service required to load or unload company material or engage in wrecking service, or service at a washout will be paid work trainrates for the entire trip,
Note: A train’s classification is not changed b the application of sections (a) and (b) of this rule
© Trainmen in work, snow plow or wreekin service, running over mountain and valley te"itor or working part of day in mountain and part of da In valley territory, will be paid mountain rate to entire service.
WORK TRAIN AG NT Dated Effective June 1, 1949 (AppUcable to en)
(d) It is hereby agreed subject to the conditions hereinafter provided for, that:
(1) Train and engine crews may be required to perform work train service in connection with a trip or day’s work in through freight, local freight, mixed train service or other service to which freight rates and rules apply and when so used will be paid for the time consumed in performing work train service on the minute basis with a minimum of two hours in the aggregate as applied to the entire day or trip at % - of the basic daily rate (through freight, local or mixed train rate) per hour applying to the trip or day’s work but not less than %th of the basic work train rate per hour applicable to the territory where work train service is performed. Such payment will be mELde in addition to payment for the road trip without deduction therefrom in computing road overtime.
Note 1. The term "other service" as used in this Section (1) does not include work train or snow plow service.
Note 2. Time consumed in performing work train service means the time actually engaged in such service. Computation of such time shall include any time held or time consumed making a side or lap back trip incident to performing work train service at a particular location. If work train service is performed at more than one location on the same trip, the time consumed at each location including any time held or time consumed making a side or lap back trip incident to the performance of work train service will be added together in determining the allowance subject to the minimum allowance of two hours in the aggregate as applied to the entire day or trip.
(2) Work train service shall include all types of work train service classified as such, which for the purpose of this agreement, shall include thawing out culverts or waterways, pipe lines, water tanks, water columns,
etc.; loading and/or unloading, distributing and spreading any material used in connection with construction or maintenance of track, roadway, bridges, buildings or other appurtenances of the Railway Company such as,
but not limited to, gravel, ballast, cinders, rails, ties, bridge and culvert material, telegraph and signal material, etc., including retailing of cars or engines. wrecking service, and/or Snow plow service, subject to the exceptions hereinafter provided for in paragraphs (3) and (4).
(3) The following will not be considered work train service and will not be paid for under Section (1) hereof: (a) Handling of work or wrecking equipment, boarding or outfit cars, water cars, or cars of company material or supplies from one point to another, including setting out or picking up and/or switching of such equipment or cars when not actually engaged in performance of work train service. (b) Loading or unloading company material or supplies at stations when handled the same as way freight. © Spotting cars to load or unload company ice, coal, water or other supplies for stations, or for domestic use of employes, or for sections or for extra or other gangs in boarding or outfit cars. (d) Supply train cars handled in local or mixed trains for the purpose of loading or unloading of company material and supplies.
(4) (a) When an engine equipped with a pilot plow and/or a Ranger is used on trains in road service as specified in Section 1 of this agreement and whether or not flanging device is operated in the usual performance of service, train and engine crews will be paid the rate of pay attaching to the service for which called as applying to the entire day or trip.
(b) When a Russell or other type of snow plow or spreader Is operated on the head end of trains in road service as specified in Section (1) of this agreement, train and engine crews will be paid the rate of pay attaching to the service for which called but not less than the snow plow rate for the entire day or trip.
© When It is necessary to detach an engine equipped with a pilot plow and/or flanger or detach an engine and plow from th@ train, where such equipment is operated as described in paragraphs (a) and (b) of this
section (4), for the express purpose of flanging or removing snow from the main track to permit the train to proceed, or for the express purpose of flanging or removing snow from any track that would not otherwise be used in the usual performance of service incident to the trip or day’s work,
train and engine crews will be paid therefor under the provisions of Section (1) of this agreement; and provided that such arbitrary allowance shall be paid for at not less than % of the basic daily rate per hour applicable to onow plow service In the territory where such service Is performed.
(5) It is understood that assignments may be made under rules applying to work train or local freight service under which crews may handle company and commercial ice or company and commercial sand or gravel during the same tour of duty and that crews so assigned will be paid local freight rates. It is further understood and agreed that the allowance provided for in Section (1) of this agreement will not apply to such crews because of handling company ice or company sand or gravel.
(6) Nothing herein contained shall be construed as modifying or changing schedule rules or agreements except as herein specifically provided f or.
(7) This agreement is effective as of June 1, 1949, and may be canceled at any time without further negotiations by any of the parties signatory her to serving ten 10 days written notice. Hereto, serving ten (10) days’ written notice.
HELD AT OTHER THAN HOME TERMNAL
Rule 6 1. Adopted from Agreement of November 21, 1947, effective January 1.
1948:
Trainmen in pool freight and in unassigned serv ice held at other than home terminal will be pat on the minute basis for the actual time so he] after the expiration of sixteen hours from the tim relieved from previous duty at a rate per hour % % the of the daily rate paid them for the last servic performed. If held sixteen hours after the expiration of the first a twenty-four hour period from the tim relieved, they will be paid for the actual time s held during the next succeeding eight hours. o until the end of the second twenty-four hour period and similarly for each twenty-four hour perio thereafter.
Should a Trainman be called for service o ordered to deadhead after pay begins, held awa from home terminal time shall cease at the tim pay begins for such service or deadheading.
Payments accruing under this rule shall be pal for separate and apart from pay for the subseque service or deadheading.
For the purpose of applying this rule the railroa will designate a home
terminal for each crew In po
FREIGHT AND PASSENGER SERVICE BILLINGS - LAUREL
(Old Montana Division)
Rule 62. The transfer work between Laurel and Billings, and trains originating at Billings for movement west, or trains from the west terminating at Billings, and also trains originating or terminating at Laurel or Billings operating on the Tenth Subdivision (Billings and Central Montana Branch), will be manned by men from the seniority roster of the Rocky Mountain Division-East holding seniority in the territory of the Old Montana Division.
EQUALIZATION OF MILEAGE, LAUREL - FIORSYM
Rule 63. Crews manned by men from the Rocky Mountain Division-East seniority roster holding seniority in the territory of the Old Montana Division will be used between Laurel and Forsyth to offset the mileage lost by the Rocky Mountain (Old Montana) Division crews on account of the Yellowstone Division crews running through to Laurel, the mileage being balanced at the end of each year, and the trainmen being permitted to work out the excess mileage.
TLKE SLIPS
Rule 64. (a) When trainmen’s time is not allowed as per time slip they will be notified promptly reasons for disallowance and what allowance, if any, has been made. If no notice of disallowance is given, time as reported on time slip will be allowed.
(b) When time of trainmen is short time check to cover shortage will be issued on request if shortage amounts to one dollar ($1.00) or more. © Time claims that are settled by the Committee and the officers of the company will be paid by time check promptly.
CALLING LLVUTS, ETC.
Rule 65. (a) When callers are employed trainmen within one mile of office and at such places as conditions require, one and one-half miles from office, wiII be called as near as practicable one hour and fifteen rainutes before required to come on duty. Trainmen whefi called will sign call book, which will show time called and time required to report for duty. Trainmen who have telephones that are in working order will be called by telephone regardless of distance.
60
CALLED AND NOT USED
(b) When trainmen have been called to report for service at a specified time and call is annulled, they will be paid at one-eighth of the daily rate for time held until released from duty, but not less than one-fourth of one day will be allowed. If held more than 8 hours overtime rate will be paid for time held in excess of 8 hours.
If call is cancelled before trainmen report for duty or perform service, they will be allowed not less than one-fourth of one day and will stand first out. If they perform service they will be allowed full time with a minimum of one day at the regular established rate for such service and stand last out.
CREWS, FIRST IN, FIRST OUT
Rule 66. (a) Crews not assigned to regular runs will run first in, first out on district or division on which they are assigned.
EXTRA BRAKEMEN
(b) Trainmen on extra list will be run first in, first out, except as provided in paragraph © of this rule, and officers of the company and local committee will cooperate in keeping the board reduced so that extra men will make the equivalent of 26 days or 2,600 freight miles per month.
Extra lists will be maintained at the following points:
Tacoma Division:
Tacoma for Tacoma Roster trainmen.
Seattle for Passenger trainmen.
Auburn for Seattle Roster freight trainmen.
Idaho Division:
P4scO for Idaho Division-West freight trainmen.
Spokane for Idaho Division-West passenger trainmen.
Yardley for Idaho Division-East trainmen.
Rocky Mountain Division:
Missoula for Rocky Mountain Division-West trainmen.
Livingston for Rocky Mountain Division-East (Old Montana) freight trainmen.
Billings for Rocky Mountain Division-East (Old Montana) passenger trainmen.
Yellowstone Division:
Forsyth for Yellowstone Fourth Subdivision.
Glendive for Yellowstone Third and Seventb
Subdivisions.
51
Dickinson for Yellowstone Second and Sixth
Subdivisions.
Mandan for Yellowstone First Subdivision and branches.
Fargo Division:
Jamestown for Fargo (Old Dakota) Division. Dilworth for Fargo Division-East.
St. Paul Division:
Staples for St. Paul (Old Minnesota) Division, except that extra list may
be maintained at East Grand Forks for Red River Branch
crews.
Minneapolis for St. Paul Division-East freight trainmen.
St. Paul for passenger trainmen.
Lake Superior Division:
Duluth for Lake Superior, except International Falls and Bullhead Lake Branches. North Bemidji for Seventh, Eighth and Ninth Subdivisions (International Falls and Bullhead Lake Branches).
Note: Agreement dated January 20, 1941 concerning extra passenger work out of St. Paul, provides:
It is agreed that all extra passenger work will be filled from the
Northtown extra board by brakemen equipped with passenger uniforms in the
order of their relative standing on the extra board and that no claim will
be made for deadhead mileage to and from Northtown. Extra passenger
brakemen from the Second District working out joint mileage are not to be
affected by this agreement. This agree-
ment maybe cancelled by either party on five days’
notice. /a/ P K. Byers
L@cal Chairman, B. of R.T.
/a/ T. M. Flynn
Superintendent
VACANCIES OF MORE THAN SIX DAYS
© When it is reasonably certain that a vacancy will be for a period of
more than six (6) days, the senior trainman applying for same will be
assigned at once, except as provided in Rule 89 of this
Article.
Vacancies in the place of Trainmen granted their vacation under the Vacation Agreement will be governed by the provisions of this paragraph of Rule 66.
so
Note 1: In the event no senior brakeman not assigned to the extra list has applied for a vaeancy occurring under Paragraph ©, Rule 66, making it necessary to use a brakeman from the extra list, au effort should be made to notify the senior available brakeman assigned to the extra list, who is rested, to afford him an opportunity to make application for such vacancy. This is not intended to conflict with the Interpretation of March 1, 1923, reading:
INTERPRETATrION OF MARCH 11 19=
Cone g Paragraphs (b) and (c), Rule 66,
Article M
Except as hereinafter provided and as provided for in Paragraph (e) of Rule 66, Article III, all temporary vacancies of six days or less, and in addition thereto set-up cars in pool or unassigned service, will be filled from the extra list of trainmen in accordance with paragraph (b) of Rule 66, Article III. If, at the expiration of six days, the regular man has not returned, or another regular man senior to the man laying off has not taken the run, or the set-up car is still in service, the right of trainmen to exercise their seniority to such vacancy or set-up car thereafter will be governed by seniority in accordance with Section (b) of Rule 82, Article III.
When an extra man first out on the extra list to used to fill a temporary vacancy of six days or less on an isolated run, he will hold such run until the regular man returns or gives up the run unless Et senior man to the regular man laying off desires the run, and provided this does not exceed six days and his date on the seniority roster will permit him to remain in service as an extra or regular man. If, at the expiration of six days, the regular man bas not returned or another regular man senior to the man laying off has not taken the run, the right of trainmen to exercise their seniority to such vacancy thereafter will be governed by seniority in accordance with Section (b) of Rule 82, Article III.
It is agreed under this rule one man to each crew with experience required by the rules or law In eff ect may be used to properly man the crew without incurring a penalty for runaround.
In applying the foregoing It is understood that it is not intended in any
manner to affect the,provisions of Rule 89, Article III on divisions where
the bulletin rule is in effect by agreement between the
53
division offtcers and the local representatives of the men.
Note 2: In the application of the first paragraph of the Interpretation of March 1. 1923, in determining between a vacancy of six (6) days or Iess, or a vacancy of more than six (6) days, it is not intended a new vacancy is created in the event a regular man marks up for a car or run and for some reason does not go out on the next trip.
RUN AROUNDS - EXTRA TRAINMEN
(d)Extra trainmen run around at terminals ac-
count not being called in turn will be paid for one-
half of one day each time run around and stand
first out, except that trainmen on extra list who have not had the legal rest period will not be paid for run arounds occurring during such period.
Note: If two extra trainmen are run around another trainman and used on the same crew it wili be bonsidered as one run around.
When two trainmen are called from the extra list for the same train, returning to the home terminal on the same train, they should be niarked up on the board as they stood before they were called regardless of their relative seniority.
CREWS RUN AROUND
(e) Crews run around at terminals account not being called in turn will be paid for one-half of one day each time run around and stand first out.
(f) Crews called in turn and run around at terminals will be paid for one-fourth of one. day each time run around and stand flrst out.
Note: @ections (e) and (f) of this ruie do not apply to/ crews assigned to regular runs, but do apply to crews in pool service.
SET-UP CREWS
(g) Crews set up will stand first out after crews then in terminal who have had such a period of rest as makes them available for 16 hours’ continuous service.
REPORTING FOR DUTY
Rule 67. Trainmen who are laying off or on vacation, when returning to duty, must report for work not later than four (4) hours from the time the trainman who is to be displaced has been relieved from duty.
54
This rule does not apply to trainmen returning
to the extra list, nor to trainmen returning to a
Position which is being filled by extra men under
paragraph (b) of Rule 66.
OOUPL]ING STEAM OR AIR HOSE
Rule 68. It will not be the duty of trainmen to couple air hose, steam hose or test air at terminals where carmen are employed and on duty.
Note: It is agreed that it will be the duty of trainmen to couple or uncouple the hose between the engine and first car on freight trains.
USED AS CONDU@R AND B . RAKEMAN
Rule 69. Trainmen used as both conductor and
brakeman on same trip will be paid not less than
the minimum day in each class of service.
RUN OF’F OWN DMSION
Rule 70. (a) Except as provided In Rules 17, 20 and 63, and except as provided in existing agreements, covering tnterdivisional service, trainmen wiII not be run off their own division except in case of extreme emergency, in which event they viII receive not less than one day for each calendar day held.
(b) Crews run off their own division under thts rule may be deadheaded to their own division at once, and such deadheading shall not be considered a run-around unless crew is again used on foreign division before entering service on the division to which assigned.
OOALING ENGIINES
Rule 71. (a) Trainmenrequiredtocoalengines will be paid a minimum of two hours at one-eighth of the daily rate for each engine coaled. If more than two hours are consumed they will be paid accordingly, this allowance In addition to all other allowances for the trip, Trainmen will not be required to coal engines when other men are available.
(b) It will not be the duty of trainmen to shovel down coal on engine or assist fireman.
FTWT]ING
Rule 72. Trainmen acting as pilots will be paid conductors’ rate applicable to the service rendered.
PAID FIOR TIME HELD OFIF RUN
Rule 73. If a trainman is held off his regular
car or run for any cause or is denied a run bis
55
seniority entitles him to, he will not be used in oth service If other trainmen are available, and w be paid not less than he would have earned had gone out on his run.
Note: This will not prevent the Manageme from deadheading the trainman to an outside poi to take his car or run.
3 r un.
DEADHEADING
Rule 74 (a) Trainmen will receive one day or one hundred miles for each calendar day when deadheading on railroad business, but not less than they would have earned in their regular assignment.
(b) Trainmen when deadheading on their own division, will be paid full time or mileage at their regular rates in their regular assignments.
© Rate of pay of men having to regular assignment for deadheading on their own division, will be that of the service which they are entering, to apply to trip from and returning to headquarters.
(d) Trainmen will go with their cabooses when cabooses are deadheading.
(e) Trainmen first out will deadhead; trainmen
second out will perform service; trainmen dead-
heading will be first out at end of run.
(t) When necessary to cut out a crew between
terminals the crew deadheading that would stand first out at end of run will be cut off.
(g) When a crew is picked up on the road and deadheaded to the terminal they will be first out.
(h) Trainmen sent to or from an Isolated point will be entitled to deadhead mileage for the trip at their regular rates.
If a trainman Is employed in isolated service, and requests relief for his own accommodation, he is not entitled to deadhead mileage between location of his work and headquarters in either direction.
A trainman going to take a run at his own re-
quest, to which he is entitled through seniority, will
not be paid for deadheading to take the run.
(1) A trainman going to take a run at an iso-
lated point at his own request displacing a trainman that has been sent to relieve the regular man, will not be entitled to deadhead mileage returning to headquarters unless he is displaced by the regular man or by a trainman senior to the regular man.
5
Note: Paragraph (t) provides payment only to the Itrat man displaced and the man displaced by the regular man or a man senior to the regular man.
(J) If a trainman on an Isolated run is displaced or run discontinued, selects another run at the same point he will not be paid deadhead time but will be allowed 100 miles If a calendar day or more Is lost by the change; or, If when displaced, he selects a run at another isolated point he will be paid for the deadhead trip but not more than he would have received had he returned to headquarters.
(k) Freight trainmen deadheading from Minneapolis or Northtown to St. Paul to enter passenger service, or deadheading from St. Paul to Northtown or Minneapolis after having handled a passenger train Into St. Paul, or deadheading from Dilworth to Fargo to enter passenger service, and returning from Fargo to Dilworth after completing passenger work, vrill be paid for all time used with a minimum of 25 miles or 2 hours.
Note: When trainmen from the extra board at Dilworth are used to fill a vacancy at Fargo under the llrat-in, first-out provision, the trainmen occupyIng the vacancy at the expiration of six days will remain on such vacancy until displaced by a regular man or a senior man entitled to the service.
Deadhead allowances under Rule 74(k) will not accrue to trainmen who do not actually render deadhead service between Dilworth and Fargo, or vice versa, and nothing contained In the foregoing entitles trainmen to payments for deadheading between these two points not allowable under the other provisions of Rule 74.
(1) Trainmen deadheading to or from Auburn and Seattle and to or from Auburn and Tacoma will be allowed a minimum of one day for each deadhead trip, wben no other service Is performed on that date. In the event service is performed a minimum of one day will be allowed for service performed and one-half day Instead of one day for each deadhead trip.
Note: This paragraph applies only to deadheading between Auburn and Seattle and between Auburn and Tacoma and does not apply to deadheading between Seattle and Tacoma.
ATTEND@G OOURT
Rule 75. Trainmen attending court at request
of an officer of the Railroad will be paid full amount
57
they would have received at their regular work, but not less than a full day’s pay In their class for each calendar day. If away from home station, legitimate expenses will be paid; time and expenses to be certified to by Railroad’s attorney.
LOSS OR DAMAGE M EQURP.MENT
Rule 76. Trainmen will not be obliged to pay
fines for loss or damage to equipment.
NOTHICATION OIF DEDUCTIONS
Rule 77. When deductions are made from train-
men’s pay, they will be given statement in writing
If requested in writing.
MEALS ON DUTY
Rule 78. Time of trainmen wiII not be dis-
counted for time required to get meals while on duty.
AUTOM.ILTIC RELEASE
Rule 79. Trainmen arriving at terminals or end of run are automatically released.
TIED UP ON ROAD
Rule 80. (a) No trains will tie up between terminals except by permission of Superintendent.
(b) Trainmen will not be tied up between terminals except as otherwise provided for in this rule.
© Trainmen on work train or snow plow assignments of less than six days
wili not be tied up between terminals prior to the expiration of ten hours’
service. If tied up prior to ten hours, time
for ten hours’service will be allowed.
(d)Passenger trainmen tied up between terminals incase of delay due to wreck, washout or snowblockade, will be paid for the first eight hours so held in addition to time or miles made that day, provided that the allowance for the flrst day shall not be less than the mileage of their regular assignment in addition to pay for the eight hours held; and for each succeeding calendar day will be allowed not less than the mileage of their regular assignment. If not held full eight hours, time will be continuous.
Note: The assignment mileage allowed under paragraph (d) will apply against
the guarantee. It Is understood that Individual members of the crew may be
required to remain on duty at alternate
68
periods to look after the ordinary care of the train
while tied up between terminals.
(e) Freight trainmen may be tied up between terminals in case of delay due to wreck, washout or snow blockade, and they will be paid for the first eight (8) hours so held in addition to time or miles made that day; and for each succeeding calendar day will be allowed not less than 100 miles. If not held full eight (8) hours time will be continuous.
Examples Applying to Unassigned Freight Service:
(1) Run 80 miles In 3 hours
(11:00 A.M. to 2:00 P.M.) 80 miles
Tied up 2:00 P.M. to 10:00
P-M......................... 100 miles
Continued tied up until 6:00
A.M. Run to end of run (40
miles) in 4 hours, 6:00 A.M.
to 10:00 A.M................ 100 miles
Total allowance 280 miles
(2) Run 40 miles in 3 hours (7:00 A.M. to 10:00 A.M.). 40 miles Tied up
10:00 A.M. to 7:00
P.M., 9 hours 100 miles
Run to end of run (40 miles)
in 4 hours, 7:00 P.M. to
IX:00 P.M 50 miles
Total allowance 190 miles
Run 40 miles in 3 hours
(7:00 A.M. to 10:00 A.M.) . . 40 miles
Tied UP 10:00 A.M. to 6:00
P-M 100 miles
Continued tied up until 1 2: 00
midnight 2nd day (30 hours) I 00 miles
Run to end of run (40 miles)
in 4 hours, 12:00 midnight
to 4:00 A.M 100 miles
Total allowance...... 340 miles
(4) Run 40 miles in 4 hours
(6: 0 0 A.M. to IO: 0 0 A.M.) . . 50 miles
Tied up 10:00 A.M. to 6:00
P-M...................... 100 miles
Continued tied up until 2:00
A.M., third day (32 hours) . . 100 miles
59
Run to end of run (80 miles) in 3 hours, 2:00 A.M. to 5: 00
A.M................. 100 miles
Total allowance
Examples Applying to Assigned Freight Service:
(1) Length of run 126 miles.
Run 80 miles in 6 hours
(8:00 A.M. to 2:00 P.M.) ... 125 miles Tied up 2:00 P.M. to 10:00
P.M 100 miles
Continued tied up until 6:00
A.M.
Run to end of run (45 miles)
in 4 hours, 6: 00 A.M. to
10:00 A.M 125 miles
Total allowance 350 miles
(2) Length of run 100 miles.
Run 40 miles in 3 hours (7:00 A.M. to 10:00 A.M.) . . 100 miles
100 miles
Tied up 10:00 A.M. to 6:00 P.M
Continued tied up until 12: 00 midnight second day (30 hours)
Run to end of run (40 miles) in 4 hours, 12:00 midnight to 4:00 A.M
350 miles
100 miles
100 miles
Total allowance...... 400 miles
(3) Iiength of run 125 miles.
Run 80 miles in 11 hours
(4:00 A.M. to 3:00 P.M.)... 125 miles
1 Hr. O.T.
r. . .
Tie . d up 3:00 P.M. to 11:00
P.M.......................... 100 miles
Run to end of run (45 miles)
in 4 hours, 11:00 P.M. to
3:00 A.M..................... 125 miles
Total allowance...... 350 miles
Plus 1 Hr. O.T.
(4) Length of run 120 miles.
Run 40 miles In 4 hours (6:00 A.M. to 10:00 A.M.). . 120 miles Tied up
10:00 A.M. to 6:00 P.M...................... 100 miles
60
Continued tied up until 2:00
A.M. third day (32 hours).. 120 miles Run to end of run (80 miles) in 3
hours, 2:00 A.M. to 5: 00 A4M................. 120 miles
5: 00 A4M................. 120 miles
Total allowance...... 460 miles
(f) When local or mixed train trainmen are compelled to tie up for rest
they will not be paid for resting time, but will be allowed full day at
their regular rates for second day required to complete the run
Note: A full day’s pay as quoted above means what the trainmen would have earned had they made the entire trip from terminal to terminal without overtime.
Local or mixed train trainmen tied up under the law for rest will be paid under this rule for completing any part of their trip.
(g) Under the laws limiting the hours on duty, crews In road service will not be tied up unless It is apparent that the trip cannot be completed within the lawful time; and not then until after the expiration of fourteen hours on duty under the federal law, or within two hours of the time limit provided by state laws if state laws govern.
(h) If road crews are tied up In a less number of hours than provided in the preceding paragraph, they shall not be regarded as having been tied up under the law, and their services will be paid for under the schedule rules.
(1) When road crews are tied up between terminals under the law, they shall again be considered on duty and under pay immediately upon the ex piration of the minimum legal period off duty ap plicable to the crew; provided the longest period of rest required by any member of the crew. either eight or ten hours, to be the period of rest for the entire crew.
(j) A continuous trip will cover movement, straight-away or turn-around, from Initial point to the destination train is making when ordered to tie up. If any change is made In the destination after the crew Is released for rest, a new trip will commence when the crew resumes duty.
(k) Road crews tied up under the law will be paid the time or mileage of
their schedule from Initial point to tie-up point. When such crew resume
Juty on a continuous trip, they will be paid
from the tie-up point to the terminal, on the followtug basis: for fifty (60) miles or less or four (4) hours or less, one half day; for more than fifty (50) miles or more than four (4) hours actual miles or hours, whichever is the greater, with a minimum of one day. It is understood that this paragraph does not permit crews to be run through terminals.
(1) Road crews tied up for rest under the law and then towed or deadheaded into terminal, with or without engine or caboose, will be paid therefor the same as if they had run the train to such terminal.
(m) Trainmen tied up under the law and then towed In before having their required rest, will be paid the same as though they had not been tied up, no time being deducted.
Note: This rule does not apply to regular assignmenta of six days or more in work train or snow plow service.
NCED MEN GI[VEN PREFERENCE
Rule 81. (a) In tkle employment of trainmen
experienced men shall be given preference.
G A.PPUCAT]IONS FIOR EMPLOYMENT
(b) Trainmen filing applications for employment will be notified within ninety (90) days of the acceptance or rejection of their appllcatioxt. If not notified within ninety (90) days (except men who enter service under assumed names) they will be considered accepted.
SERVI[CE LETTERS
© When service letters are filed with application of trainmen they will be returned within thirty (30) days after entering the service.
I GEABLE SENIIOR= RIGHTS
TRAIN AND YA.RD SERVICE
Rule 82. (a) The following Sections 1 to 9 inclusive, covering interchangeable seniority rights in train and yard service, are adopted in accordance with -agreement dated October 27, 1953:
SENICORITY DISTRIICTS
Section 1. Effective December 1, 1953, Interchangeable seniority rights
will be established for trainmen (brakemen) and yardmen (yard foremen and
helpers) as hereinafter provided for on each
of the seniority districts as described in paragraphs
(a) to (1). inclusive, of this Section 1.
a. Lake Superior Division, Including DuluthSuperior, Brainerd, Cloquet and Bemidji Yards.
h. St. Paul Division, East of Staples, including St. Paul-Stillwater and Minneapolis Yards.
c. St. Paul Division, Staples and West, including Staples and East Grand Forks-Grand Florks Yards.
d. Fargo Division, First District, including Dilworth-Fargo-Moorhead Yard.
e. Fargo Division, Second District, including Jamestown Yard.
f. Yellowstone Division, East of Billings, Including Mandan, Dickinson, Glendive and Forsyth Yards.
g. District known as the Old Montana Division, including Billings, Laurel,
Livingston, Butte and East Helena Yards’
h. Rocky Mountain Division, Helena and West and West from Butte, including Mii3soula and Helena Yards.
I. Idaho Division (East), including YardleySpokane Yard.
J. Idaho Division (West). Including Pasco Yard. it. Tacoma Division (Seattle District). Including Yakima, Auburn, Seattle and Everett Yards.
1. Tacoma Division (Tacoma District) , including Tacoma, Centralia, Hoquiam and Aberdeen Yards.
PRIOR RIGHTS
Section 2. (a) Trainmen holding seniority dates as brakemen In road service as of the close of the day preceding November 1, 1953, will retain prior rights in road service on their respective seniority districts according to their then existing relative seniority status. Yardmen holding seniority dates as such as of the close of the day preceding November 1, 1953, will retain prior rights in yard service in the respective yards where employed according to their then existing relative seniority status.
Seniority rosters will be prepared for each seniority district showing the
names and seniority dates of brakemen with prior rights in road service on
the respective seniority districts as of the close of the day preceding
November 1. 1953. Seniority rosters will be prepared showing the names and
seniority dates of yardmen (yard foremen and helpers) with prior rights in
yard service at the respective yards where employed as of the close of the
day preceding November 1. 1953. These rosters will be captioned, "Prior
Right Trainmen", or "Prior Right Yardment’. whichever Is appropriate, "as
per agreement dated October 27, 1953.11
Trainmen or yardmen employed prior to the close of the day preceding November 1, 1953, it suspended on account of force reduction prior to the effective date of the agreement before having worked six (6) months, or an aggregate of 180 days of service In the previous 365 consecutive days, will be permitted to retain their seniority dates as of the last date of entering service prior to November lv 1953, so that they may retain prior rights as herein provided for, notwithstanding provisions to the contrary in Rules 9 0 (b) and 11 2 (b) of existing agreements, and amendments thereto, which were effective as of August 1, 1940, but provided they return to service within ten (10) days after being notified to do so by proper authority.
Employee brakemen or yardmen) employed on and after November 1, 1953, will not be considered as having any prior rights to service, and will not be included or added to the seniority rosters showing the names of brakemen and yardmen, respectively, who are to retain prior rights as provided for herein.
(b) Trainmen with prior rights in road service shall have prior rights to promotion to conductor In accordance with the applicable schedule rules.
© Yardmen with prior rights in yard service shall have prior rights in the appointment of yardmasters, and in the performance of extra yardmasters’ work in the respective yards In which such prior rights are held, governed by the provisions of paragraph (f) of Rule 109 of the TrailL and Yardmen’s Schedule, and letter agreement relating to performance of extra yardmasters’ work. (Letter dated April 7. 1949, from Chief of Personnel, H. W. McCauley, addressed to Vice President L. C. Malone and Chairman P. K. Byers of the General Grievance Committee, Brotherhood of Railroad Trainmen.)
Not4e: The phrase "prior rights" means that trainmen or yardmen with prior rights to service on a particular seniority district or at a particular yard, shall be considered as having seniority preference over men who, although older in service, hold no prior rights on such seniority district or at such yard.
64
INTEalMAIRTR MMORMY RIGHTS
Section 3. (a)During the thirty (30) day
period, precedingthe effective date of this agree
ment, seniority rosters will be prepared, consisting of a separate roster for each of the seniority districts as described in Section 1 hereof. Each roster will designate the seniority district covered, and will be captioned, "Train and Yardmen in Service w’tb Interchangeable Seniority Rights In Train and Yard Service, effective December 1, 1953, subject to the terms and conditions of Agreement dated October 27, 1953."
Rosters of employes with interchangeable seniority rights under the terms of this agreement, shall include the names of all trainmen (brakemen) and all yardmen (yard foremen and helpers) of each seniority district In the relative order of their age In service in either train or yard service as reflected by their seniority dates as brakemen or yardmen prior to November 1, 1953. The rosters will show the rank number, name of each brakeman or yardman and seniority date in either capacity, as reflected by the rosters showing the names of each individual brakeman or yardman with prior rights.
Employes entering the service of the Railway Company in train or yard service on and after November 1, 1953 shall have their names added to the rosters covering interchangeable seniority rights In accordance with their relative dates of first entering service, but will not be permitted to assert Interchangeable seniority rights from road to yard service, or vice versa, or from one yard to another until the effective date of this agreement.
Employes entering the service on and after November 1, 1953, if suspended on account of force reduction prior to the effective date of this agreement, will be permitted to retain their seniority dates up to and Including the effective date of this agreement, at which time, if their seniority then permits, they may exercise their interchangeable seniority rights.
Note: Except as specifically provided in the foregoing paragraph of this Section 3(a), and in the third paragraph of Section 2(a) of this agreement, rules of existing agreements relating to establishing, acquiring or retaining seniority dates shall govern.
(b) Employes, commencing with the effective date of this agreement, may
assert their seniority
to road or yard service, or from one yard to another, on their seniority district, in accordance with their relative seniority standing, subject to prior rights of brakemen or yardmen as provided for in Section 2 hereof, and subject to the conditions prescribed in Section 4 hereof.
EXERCISE OF INTERCHANGEABLE
SENIORITY RIGHTS
Section 4. (a) Employes in the exercise of interchangeable seniority rights may, by written application to proper authority, transfer from road to yard service, or from yard to road service, provided that at the time actual transfer Is made, their seniority will entitle them to hold service as a regular man in the service to which transferred. An employe exercising such right, must remain in the service (road or yard service) to which transferred for a period of not less than six (6) months, except when reduced to the status of an extra man because of insulecient seniority to hold service as a regular man In the service to which transferred.
(b) Under the foregoing paragraph, an employe who transfers from yard to road service will not be prevented from exercising his seniority to the brakemen’s extra board in preference to placing himself on a regular position as brakeman during the six (6) months’ period. However, such employe, when reduced to the status of an extra man because of insuflicient seniority to hold service as a regular man in the service to which transferred, may then In the exercise of interchangeable seniority rights, transfer back to yard service If his seniority is sufficient to permit him to work as a regular yardman In the yard to which he desires to transfer.
For the purpose of application of paragraph (b) of Section 4(a), a temporary vacancy in place of a regular man laying off will be treated as a vacancy for a regular man at the end of thirty (30) days.
© Employes in yard service, or employes who transfer from road to yard service under the provisions of paragraph (a) of this section, may exercise their seniority from one yard to another on the seniority district without restriction, provided that their seniority is sufficient to permit them to mark up as regular yardmen. Application for transfer must be made in writing.
No employe who has transferred to yard service will be permitted to return
to road service until expiration of the six (6) months’ period If his sen-
10ritY entities him to a regular position service On his seniority district.
An employe reduced to the status of man in the yard to which he has
assigned may elect to remain on the extra list at a In preference to
exercising his seniority
ular yardman at another yard on his district.
An employe in yard service reduced to t of an extra man, and whose seniority will mit him to hold regular yard service on iority district, who elects to work extra service the first day following the lose o status, must except as otherwise provided on such extra list for at least seven (7) co calendar days.
(d) Except as may be mutually agre employee covered by this agreement aff
force reduction will not be furloughed u employes have exhausted their
seniority road or yard service. Such employes mu their seniority and remain
in service as Ion seniority permits them to hold service
regular or extra, on the district where t rights.
EXTRA BOARDS @ EXTRA US
Section S. (a) Separate extra boards
road service and extra lists covering yard respectively, will be maintained and regu accordance with applicable schedule rule lists covering yard service will be regulated ent with service requirements.
Note: In Instances where because of the amount of work Involved separation
of au and extra lists is not practicable, the matt be negotiated and
reason