Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.
Agreement between the Spokane, Portland
and Seattle Railway Company, Oregon Trunk Railway, Oregon Electric
Railway Company and Order of Railway Conductors and Brakemen governing
the rates of pay, rules and working conditions of trainmen employed
by those railroads.
The term "trainmen" in the
preceding paragraph applies to conductors, assistant conductors
or ticket collectors, brakemen, flagmen and train baggagemen,
excepting such men as are employed by the Railway Express Agency
as joint express messengers and baggagemen.
This Agreement shall become effective
December 1, 1955; shall supersede all previous agreements, rulings
and interpretations which are in conflict herewith; and shall
continue in effect until amended, revised or terminated in accordance
with the Railway Labor Act, as amended.
Per
Rule 1 Per Mile Month
Cents (Eff. 10155)
Conductors $507.70
Assistant Conductors or
Ticket Collectors 483.30
Baggagemen 437.00
Baggagemen handling
express 442.80
Baggagemen handling U.S.
mail of prescribed volume 450.80
Baggagemen--handling both
U.S. mail of prescribed
volume and express 456.00
Brakemen and flagmen 430.75
NOTES: Passenger mileage rates are presently
in dispute and are therefore not included at this writing.
Rule 2
Basic Day.
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 rate exceed the daily minimum. The
minimum daily rate shall be onethirtieth of the monthly
rate.
Rule 3
Overtime Short turnaround Passenger
Service.
(a) Conductors and 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.
Overtime Speed Basis.
(b) Trainmen on other passenger runs
shall be paid overtime on a speed basis of twenty 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 the time for first reporting for duty.
(c) Overtime in all passenger service
shall be paid for on the minute basis at a rate per hour of not
less than oneeighth of the daily rate herein provided.
Divide the straight monthly salary by
thirty to obtain the daily basis. Then divide this daily basis
by eight to produce the hourly overtime rate.
Daily Earnings Minima (Eff.
10/1/55)
(d) When the monthly earnings of regularly
assigned passenger trainmen from daily guarantees, mileage, overtime
and other rules do not produce the following average amounts per
day, they will be paid for each day service is performed:
Conductors $17.59
Assistant Conductors or Ticket Collectors 16.31
Baggagemen 15.32
Baggagemen--handling express 15.78
Baggagemen handling U.S. mail of prescribed volume 15.78
Baggagemen handling both U.S. mail of
prescribed volume and express 16.12
Brakemen and flagmen 15.15
When extra men fill vacancies in regular
positions, they take conditions of the regular positions. Service
performed by extra men not filling place of regular men will be
paid not less than the daily earning minima for each day service
is performed.
Rule 4
Guarantees.
(a) Regularly assigned passenger trainmen
who are ready for service the entire month and who do not lay
off of their own accord, shall receive the monthly guarantee provided
for in Rule 1, exclusive of overtime.
Extra service may be required sufficient
to make up guarantees, and may be made between regular trips;
made on layover days; or may be made before or after completion
of the trip. If extra service is made between trips, which go
to make up a day's assignment, such extra service will be paid
for on the basis of miles or hours, whichever is the greater,
with a minimum of one hour. Extra service before or after the
completion of a day's work will pay not less than the minimum
day.
The bases of pay for extra service apply
only in making up the guarantee. After guarantees are absorbed,
Section (d) of this Rule 4 will apply.
(b) 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 would 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 pools 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 not
to be construed as "increase in mileage' within the meaning
of this article.
(c) For the purpose of avoiding payment
of excess overtime on turnaround runs in passenger service when
any part or leg thereof is over eighty miles, the Railroads will
be privileged to rearrange runs, combine pools or sets of runs,
and may establish interdivisional runs 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. (This rule), Article IV,
Supplement 25, General Order No. 27.)
(d) Trainmen will not be required to
double on lay over periods when it is possible to avoid it. But
when required to do so will be paid a minimum of one days pay
in addition to monthly guarantee except as provided for by Section
(a) of this Rule 4.
Rule 5
Service at Terminals.
(a) Trainmen assigned to regular passenger
service ice will not be used, except in case of emergency, in
freight or work train service, or be required to do switching
(except as provided for below) on other than equipment used on
their runs.
On runs other than those covered in
Rule 3, Section (a), when trainmen are required to switch their
own trains at terminals, a minimum of twenty (20) minutes will
be allowed or actual time in excess of twenty (20) minutes.
Putting trains away and turning trains
on wyes, except where necessary to cut trains for that purpose,
will not be considered as switching under this rule. (At Wishram,
if crews are required, after arriving at station at completion
of trip, to take train around wye, time consumed in performance
of work will be paid for under this rule.)
Crews that are being paid continuous
time at terminals may be called upon to handle not more than two
cars, other than equipment used on their runs, when time consumed
does not exceed one hour. If used in excess of one hour, or more
than two cars are handled, will be paid for actual time with minimum
of four (4) hours. Time allowed under this rule will be in addition
to monthly guarantee.
(b) At terminals where hostlers are
on duty, passenger trainmen will not be required to couple or
uncouple engines, or pilot them to and from roundhouse.
(c) At terminals where carmen are on
duty, passenger trainmen shall not be required to couple or uncouple
air or steam hose.
(d) It will not be the duty of trainmen
to clean coaches.
(e) A passenger trainman required to
report for duty more than thirty minutes in advance of the specified
departing time will be paid for such excess over 30 minutes at
regular passenger rates. Duplicate payment will not be made under
this rule.
(f) Passenger trainmen at terminals
will be called or their regular runs when connections are late,
or for other reasons are being delayed. If held more than one
hour, actual time will be allowed for all time held from the time
called until departure of train. This will be allowed as an arbitrary
allowance in addition to monthly guarantee.
Rule 6
Crew Consist.
All passenger trains, except single
unit Budd cars or similar type single unit equipment, will have
at least one brakeman; trains of four or more cars will have not
less than two brakemen. Single unit Budd cars or similar type
equipment will be manned by conductor only.
Rule 7
Train Baggagemen.
Positions of train baggagemen, excepting
such men as are employed by the Express Company as joint express
messengers and baggagemen, will be filled by trainmen according
to seniority.
Rule 8
Rates for Regular and Special
Passenger Trains.
(a) Trainmen handling regular passenger
trains to be paid passenger train rates, and for handling special
passenger trains, such as fair, convention, excursions, fraternal
specials and similar trains, including deadhead equipment, will
be paid through freight train rates, overtime to be 3/16 of the
daily rate, whether run as sections of regular passenger trains
or not. This does not apply to sections of regular scheduled passenger
trains handling overflow business.
Manning Fraternal Specials
(b) Fraternal specials, such as Shriner,
Elks, etc. may be manned by senior available trainmen on the seniority
district on which the service originates, who make application
therefor and who are members of the fraternity chartering the
train.
Rule 9
Extra Passenger Service.
(a) Extra passenger crews will be organized
in accordance with provisions of Rule 31(a) and 32.
(b) Trainmen desiring regular or extra
passenger work must equip themselves with standard uniform. Trainmen
run around account not being so equipped, will not be paid for
run around.
(c) Brakemen, not filling vacancies
in regularly assigned passenger service, used in extra passenger
service originating at the point where extra brakemen are maintained,
either Portland or Spokane, may be used in extra service out of
the opposite passenger terminal, provided they are called for
the return trip within twentyfour hours after arrival at
the terminal. Provisions of Rule 19 will apply.
(d) Where no extra brakeman with a passenger
uniform is available, the senior available regular freight brakeman
with a passenger uniform will be called and used. The following
will govern availability of such regular freight brakeman:
Where a regular freight brakeman, qualified
for passenger service, has been called for freight service but
not yet on duty, a reasonable effort will be made to give him
the call for such passenger service. If called for freight service
and brakeman has gone on duty in such service when the call is
placed for passenger brakeman, then he will not be considered
available except in case of emergency.
Rule 10
Freight Cars in Passenger Trains.
Trainmen in regular passenger service
required to handle freight cars over the district or any portion
thereof, will be paid freight rates for the entire trip in which
case the passenger pay for that trip will be deducted from the
monthly guarantee. This rule not to work as a reduction below
the regular passenger rate.
When it is desired to handle freight
shipments, moving on freight billing under freight tariff, upon
trains assigned or run as passenger trains, the following special
rules will apply:
If such shipments are handled in cars
not equipped for regular movements in passenger trains, the handling
of such equipment constitutes a freight train movement. If such
freight movement is only occasional or incidental, freight rates
will be paid for the trip in accordance with the classification
of freight service rendered, but without change in assignment
or application of freight rules or terminals. If such freight
movement is regularly part of the work of the train, assignment
of run and application of rate and rules will be made as provided
for freight train service.
If such shipments are handled in cars
equipped for regular movement in passenger trains, the run will
be assigned and operated as to rules and terminals, as a passenger
train, but shall be paid through or local freight rates for the
actual mileage over which the freight service is performed. Through
service shall be understood to mean the handling of shipment on
that in unbroken carloads; local service shall be understood to
mean the handling of shipments loaded in or unloaded from cars
enroute while on that run.
It is understood and agreed that these
special rules do not apply to silk, fish and berry specials, nor
to milk and cream or similar commodities handled on special billing
as "passenger train freight" or "waybilled baggage,"
nor to commodities of any kind handled on express billing. It
is further understood and agreed that these rules do not apply
to passengers equipped cars which are returned empty, nor to the
incidental return of less than carload merchandise returned to
its proper destination account carried by in error, and is without
prejudice to the proper application of combined service Rule 15
(c).
If trains are run composed of passenger
equipment only, but handling only fast freight as provided herein,
they will be classified and operated as passenger runs, subject
to through or local freight rates.
Rule 11
Assistant Conductors.
When assistant conductors or ticket collectors
are used on passenger trains to assist regular conductors, conductors
will be used, and they will be called in accordance with Rule
31(a).
Rule 12
Passenger Uniform Insignia.
Passenger trainmen s insignia consisting
of badge and buttons will be furnished free. (See Appendix "H").
Rule 13
Brakemen Handling Mail Baggage
Express.
Passenger brakemen required to handle
large shipments of U. S. mail, baggage or express at stations
where agents are on duty will be paid actual time at overtime
rates for such work when time consumed at any one station is over
five minutes. This allowance to be made in addition to monthly
guarantee. (See Appendix "D").
Rule 14
Basic Rates of Pay (Eff. 10-1-55)
Per Per
Mile Day
Through Freight:
Conductors 15.91c $15.91
Brakemen 14.19c 14.19
Mixed:
Conductors 16.12c 16.12
Brakemen 14.33c 14.33
Local Freight:
Conductors 16.46c 16.46
Brakemen 14.66c 14.66
Work Train:
Conductors 16.13c 16.13
Brakemen 14.34c 14.34
Snow Service:
Conductors 16.58c 16.58
Brakemen 15.01c 15.01
Rule 15
Basic Day.
(a) In all road service, except passenger
service, 100 miles or less, 8 hours or less (straightaway
or turnaround), shall constitute a day's work. Miles in
excess of 100 will be paid for at the mileage rates provided.
Overtime.
(b) On runs of 100 miles or less, overtime
will begin at the expiration of 8 hours; on runs of over l00 miles
overtime will begin when the time on duty exceeds the miles run
divided by 12½. Overtime shall be paid for on the minute
basis, at a rate per hour of threesixteenths of the daily
rate.
More Than One Class of Road
Service.
(c) Road employees (Conductors and Trainmen)
employed in any class of road service may be required to perform
two or more classes of road service in a day or trip subject to
the following terms and conditions:
A. Payment
(1) Except as qualified by A2
below, payment for the entire service shall be made at the highest
rate applicable to any class of service performed, the overtime
basis for the rate paid to apply for the entire trip not less
than a minimum day will be paid for the combined service.
(2) Road employees (Conductors and Trainmen)
in through freight and passenger service only shall receive full
payment for the regular day or trip based on miles or hours applicable
to the regular day or trip plus extra compensation on a minute
basis for all additional time required in the other class of road
service.
The rate paid both for the regular trip
and for the additional time shall be the highest rate applicable
to any class of service performed during the entire day or trip.
Overtime rate shall apply to the extra
compensation only to the extent that the additional service results
in overtime for the entire day or trip or adds to over time otherwise
payable for hours required for the regular trip.
EXAMPLES FOR THE, APPLICATION OF THIS
PARAGRAPH A2 ARE:
(a) An employee in through freight service
on a run of 100 miles is on duty a spread of 8 hours, including
2 hours of another class of road service--Employee will be paid
100 miles or 8 hours at pro rata rate for the trip plus 2 hours
at pro rata rate for the other class of road service, both payments
to be at the highest rate applicable to any class of service performed.
(b) An employee in through freight service
on a run of 100 miles is on duty a spread of 9 hours, including
2 hours of another class of road service--Employee will be paid
100 miles or 8 hours at pro rata rate for the trip plus 1 hour
at pro rata rate and 1 hour at time and onehalf for the
other class of road service, both payments to be at the highest
rate applicable to any class of service performed.
(c) An employee in through freight service
on a run of 100 miles is on duty a spread of 10 hours, including
2 hours of another class of road service--Employee will be paid
100 miles or 8 hours at pro rata rate for the trip plus 2 hours
at time and onehalf for the other class of road service,
both payments to be at the highest rate applicable to any class
of service performed.
(d) An employee in through freight service
on a run of 100 miles is on duty a spread of 12 hours, including
2 hours of another class of road service--Employee will be paid
100 miles or 8 hours at pro rata rate for the trip plus 2 hours
at time and one-half for the trip plus 2 hours at time and one-half
for the other class of road service, both payments to be at the
highest rate applicable to any class of service performed
(e) An employee in through freight service
on a run of 150 miles is on duty a spread of 10 hours, including
2 hours of another class of road service employee will be paid
150 miles or 12 hours at pro rata rate for the trip, plus 2 hours
at pro rata rate for the other class of road service, both payments
to be at the highest rate applicable to any class of service performed.
B. This rule applies to:
(1) Unassigned and/or assigned road
service.
(2) Another class of road service regardless
of when notified, whether at time called, at the outset of, or
during the tour of duty.
(3) Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.
C. This rule does not involve the combining
of road with yard service nor
modify or set aside:
(1) Lapback or side trip rules
except when a combination of service includes work, wreck, helper
or pusher service and such movements are made in the performance
of work, wreck, helper or pusher service.
(2) Conversion rules.
(3) Terminal switching and/or special
terminal allowance rules.
Rule 16
Guarantees.<
(a) Regularly assigned way freight,
wreck, work, and construction trainmen who are ready for service
the entire month and who do not lay off of their own accord will
be guaranteed not less than 100 miles, or 8 hours, for each calendar
working day, exclusive of overtime (this to include legal holidays).
If, through Act of Providence, it is impossible to perform regular
service, guarantee does not apply.
(b) Trainmen may also be used in any
other service to complete guarantee when for any reason regular
assignment is discontinued, but such service shall be paid for
at schedule rates unless earnings from such rates would be less
per day than would have been earned in regular assignment.
Rule 17
Beginning and Ending of Day.
(a) 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.
Short Turnaround Service.
(b) Trainmen in pool or irregular freight
service' may be called to make short trips, and turnarounds,
with the understanding that one or more turnaround trips
may be started out of the same terminal and paid actual miles
with a minimum of 100 miles for a day, provided, (1) that the
mileage of all the trips does not exceed 100 miles, and (2) that
trainmen shall not be required to begin work on a succeeding
trip out of the initial terminal after having been on duty eight
consecutive hours, except as a new day subject to the firstin
firstout rule.
(Interpretation No. 1, Supplement No. 25, General Order No. 27)
Question No. 104: Must the crew actually
leave the terminal before the expiration of 8 hours?
Decision: No; but crews should not ordinarily
be required to begin work on the second or succeeding trip when
it is apparent that the departure from the terminal will be delayed
beyond 8 hours from going on duty on initial trip.
Rule 18
Terminal Switching.
(a) Time consumed by freight or mixed
train crews at terminals doing switching will be paid for in addition
to pay for trip.
(b) Initial terminal delay shall be
paid on a minute basis to Conductors and Trainmen in freight service
for all time in excess of seventyfive (75) minutes computed
from the time of reporting for duty up to the time the train leaves
the terminal at one-eighth (1/8th) 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.
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, mine run, shifter, roustabout, belt line, transfer, work,
wreck, construction, circus train (paid special rates or allowances),
road switcher (district runs), or to local freight or mixed service
where switching is performed at initial terminal in accordance
with schedule rules.
NOTE: The question as to what service
constitutes a "mine run" as that term is used above
shall be determined on each individual railroad by management
and the appropriate general committees.
Where mileage is allowed between the
point of reporting for duty and the point of departure from the
track on which the train is first made up, each mile so allowed
will extend by 4.8 minutes the period of seventyfive (75)
minutes after which initial terminal delay payment begins.
(c) 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.
(d) 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.
(e) Final terminal delay will begin
thirty minutes from time engine reaches designated main track
switch connection with yard track, and will be paid for on the
minute basis. If total delay, including switching exceeds thirty
minutes the entire time will be computed as final terminal delay.
Where less than thirty minutes trainmen will be paid for actual
time switching including taking engine to roundhouse.
(f) If road overtime has commenced,
terminal overtime shall not apply, and road overtime will be paid
to point of final relief.
(g) When final terminal delay accrues,
mileage between designated switch and point of release, will not
be allowed; when final terminal delay does not accrue, actual
mileage will be allowed from designated switch to point of release,
and will be added to the actual mileage of the trip.
(h) When the train reaches the final
terminal before overtime commences calculated from the time of
reporting for duty, the special payments will be allowed at the
pro rata rates.
(i) If the train is not on overtime
on arrival at the final terminal, but the overtime period commences
before final release, special payments accruing at the final terminal
up to the period when overtime commences will be allowed on the
basis of the pro rata rates, but time thereafter shall be paid
on the actual minute basis at threesixteenths of the daily
rate.
(j) Trainmen will be paid for actual
time consumed in switching Spokane yard in addition to road time.
No payment to be made in case of breakintwo or delay
not connected with switching service.
NOTE: In calculating the time engaged
in switching under the rules, 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.
Example No. 1:
Required to report at A, 7 a.m.; leaves
A at 7:15 a.m. and runs to B, 100 miles; arrives at B 2 p.m.;
delayed at final terminal 1 hour 20 minutes; relieved at B 3:20p.m.
Compensation will be 100 miles plus
1 hour final delay at pro rata rates for period until overtime
commences, and for the time thereafter 20 minutes final delay
at 3/16 of the daily rate per hour.
Example No. 2:
Required to report at A, 7 a.m.; switches
at A until 9 a.m.; leaves A at 9 a.m. and runs to B, 100 miles;
relieved at B, 3 p.m.
Compensation 100 miles plus 2 hours'
switching at pro rata rates.
Example No. 3:
Required to report at A, 7 a.m.; switches
at A until 9 a.m.; leaves A at 9 a.m. and runs to B, 100 miles;
relieved at B, 4 p.m.
Compensation--100 miles plus 2 hours'
switching at pro rata rates, such allowance being greater than
l hour overtime at one and onehalf time.
Example No. 4
Required to report at A, 7 a.m.; switches
at A until 9 a.m., leaves A at 9 a.m. and runs to B, 100 miles;
relieved at B, 4:20 p.m.
Compensation Either 100 miles plus 2
hours' switching at pro rata rates or 100 miles and 1 hour 20
minutes road overtime at 3/16 of the daily rate per hour, because
the money value of the former allowance and the money value of
the road overtime at 3/16 of the daily rate are equal.
Example No. 5:
Required to report at A, 7 a.m.; switches
at A until 9 a.m.; leaves A at 9 a.m. and runs to B, 100 miles;
relieved at B, 5 p.m.
Compensation 100 miles plus 2 hours
overtime at 3/ 16 of the daily rate per hour. In this case the
money value of the road overtime at 3/16 of the daily rate exceeds
the allowance of 2 hours' switching at pro rata rate.
Example No. 6:
Required to report at A, 7a.m.; switches
until 9a.m., detained 30 minutes; leaves A 9:30a.m. and runs to
B, 100 miles; arrives B, 4p.m.; switches B until 4:30p.m. and
relieved at 4:30p.m.
Compensation 100 miles and 2 hours'
initial switching at pro rata rate, and thirty (30) minutes final
switching at 3/16 of the daily rate.
Example No. 7:
Required to report at A, 7a.m.; switches at A until 8a.m.; leaves A, 8a.m. and runs to B, 100 miles; arrives B 2p.m.; delayed B until 3p.m.; switches B, 3p.m. to 4p.m.
Compensation One hour switching at initial
terminal at pro rata rate, 100 miles, 1 hour final terminal delay
at pro rata rate and 1 hour overtime at 3/16 of the daily rate.
Rule 19
Held Away From Home Terminal.
(a) Conductors and Trainmen in pool
freight and in unassigned service held at other than home terminal
will be paid on the minute basis for the actual time so held after
the expiration of sixteen hours from the time relieved from previous
duty at a rate per hour of 1/8th of the daily rate paid them for
the last service performed. If held sixteen hours after the expiration
of the first twentyfour hour period from the time relieved,
they will be paid for the actual time so held during the next
succeeding eight hours, or until the end of the second twentyfour
hour period, and similarly for each twentyfour hour period
thereafter.
(b) Should a Conductor or Trainman be
called for service or ordered to deadhead after pay begins, held
away from home terminal time shall cease at the time pay begins
for such service or deadheading.
NOTE: When a conductor or trainman,
while under pay under paragraph (a) of this rule, is called to
deadhead on a freight train, and such train is delayed in departing
terminal so that the service crew is paid for initial terminal
delay under Rule 18, the deadhead crew will also be paid for initial
terminal delay on the same basis. When called to deadhead on a
passenger train, payment under paragraph (a) hereof, will continue
until departure of train.
(c) Payments accruing under this rule
shall be paid for separate and apart from pay for the subsequent
service or deadheading.
(d) For the purpose of applying this
rule the railroad will designate a home terminal for each crew
in pool freight and in unassigned service.
Rule 20
Employment of Brakemen.
(a) In the employment of brakemen, experienced
men may be given preference, inexperienced men shall not hold
rights over experienced men until they have been thirty (30) days
in service, at which time they shall receive dates, retroactive
to date of first pay trip.
(b) In the application of paragraph
(a) when employing brakemen, men shall be considered as experienced
if they can produce evidence of one year or more of service as
a trainman on a Class A railroad.
Permanent Employment.
(c) The application of a trainman entering
the service will be approved or rejected within 90 days. A trainman
whose application is not rejected within 90 days will be considered
permanently employed, unless it is later discovered that he entered
service under an assumed name.
Furloughed Trainmen.
(d) Furloughed trainmen, who have been
in service 90 days, will retain their seniority, and, when the
force is increased, they shall be notified and permitted to resume
service in the order of their seniority, providing they report
for service within thirty (30) days from the date of being notified
in person or by registered mail. When they do not report for duty
within thirty (30) days of date of such notification, their seniority
shall cease and they will be deemed to have left the service of
their own accord.
Rule 21
Rights.
(a) Effective September 1, 1918, passenger
brakemen ln service on S.P.&S. Ry. take rights as freight
brakemen in the order in which they rank as passenger brakemen.
They will follow and be junior men to freight brakemen who are
in freight service on September 1, 1918; freight brakemen to take
rights in passenger service in like manner, following and as Junior
men to brakemen who are in passenger service on September 1, 1918,
except that passenger brakemen on S.P.&S. Ry. in service three
years or more prior to September 1, 1918, will be given six months'
rights in freight service on that date, and brakemen in freight
service three years or more prior to September service on that
date.
(b) All brakemen entering the service
will hold equal rights as freight and passenger brakemen.
(c) Passenger brakemen on Oregon Electric
Ry and former United Rys. will hold equal rights in freight service;
and freight brakemen, vice versa.
(d) Seniority rights will be confined
to operating divisions as follows:
lst: Vancouver Division, Portland to
Spokane, including branches and the Oregon Trunk Railway.
2nd: Portland Division, Portland to
Seaside, including branches.
3rd: Oregon Electric Railway, including
branches, and former United Railways.
(e) Yardmen employed at Vancouver and
SP&S Portland Yard will hold no rights in road service and
trainmen will hold no rights in yard service in these yards, nor
can they exchange such rights.
(f) Personnel for switching assignments
at Wishram and Bend shall be selected from the roster of road
conductors and road brakemen who hold seniority on the Vancouver
Division of the SP&S Ry. (Appendix "T")
(g) Switching assignments on Oregon
Electric and former United Railways will be manned by road conductors
and road brakemen holding seniority on the Oregon Electric seniority
district.
(h) Trainman holding seniority on Portland
(Astoria) Division S.P.&S. Ry. will hold rights in yard service
at Astoria and St. Helens, and yardmen holding seniority rights
at Astoria and St. Helens will hold rights in road service on
Portland (Astoria) Division S.P.&S. Ry., to the extent provided
in letter agreement dated December 20, 1946. (Appendices "R"
and "R-1").
(i) Provisions of this schedule which
have for their purpose the preservation of seniority rights established
by this rule shall apply to trainmen whether working in train
or switching service.
Rule 22
Promotion.
(a) Brakemen will be promoted with reference
to the following:
First: Fitness for promotion.
Second: Previous record for faithful service.
Third: Length of service.
Rights of brakemen shall date from time of first service.
Rights of conductors hired will begin from date of first service.
Rights of conductors promoted will begin
from date on which they are promoted to conductor.
Seniority rights to be confined to operating
divisions.
Brakemen with at least two years' experience
in freight service, on a railroad operated under standard operating
rules, will be in line for promotion to freight conductors, six
months of such freight experience to be immediately prior to date
of promotion. For every two brakemen so promoted, one conductor
(with at least two years actual experience as a conductor on a
railroad operated under standard operating rules) may be hired.
When hiring conductors under this rule, conductors in service
will be given reference, in accordance with their seniority in
service. If on account of sickness or other causes beyond his
control, a man is unable to present himself for examination in
regular turn it will not affect the record date of his promotion.
(b) Trainmen not promoted according
to seniority shall be given a reason in writing, provided it is
requested in writing.
(c) A brakeman refusing promotion to
conductor in his turn without just cause will rank behind all
other brakemen promoted in the next class provided he desires
promotion in that class. "Just cause" means sickness
or other cause beyond his control.
Rule 23
Construction of New Lines.
Trainmen used in construction of new
lines by these h roads will be taken from the seniority district
from which the new line diverges; same rates and rules
Rule 24
Seniority Rosters.
Seniority rosters will be revised semiannually,
General Local Chairmen of the Order of Railway Conductors and
Brakemen to be provided with a copy.
Rule 25
Extra Service by Regular Men.
(a) Trainmen with regular runs shall
not be taken off their runs for extra service if extra men are
available.
(b) Trainmen will not be used off their
own seniority division as outlined in Rule 21, nor will employees
of foreign roads be called for service on these lines if trainmen
holding rights on the district on which service is to be performed
are available.
Extra Service Away from Home
Terminal.
(c) Except as otherwise provided, when
a vacancy occurs at an away from home terminal and there is insufficient
time to deadhead a brakeman from the extra list, the vacancy shall
be filled by the senior brakeman in the first out pool freight
crew at such terminal. The senior brakeman so used shall have
no guarantee of earnings under Rule 55(b) .
(d) In case of lack of force on one
seniority division and a surplus on another, trainmen may be transferred
temporarily and shall not lose rights on the original seniority
division, provided, they return within six months. Such men will
have the privilege of returning before the force on the original
seniority division is otherwise increased; if permanently transferred,
I will rank as new men from the date of temporary transfer.
Rule 26
Bulletins
(a) All runs shall be bulletined for
seven (7) days, as soon as they are created or become vacant,
and the oldest trainmen in point of service bidding for same shall
be assigned within five days of expiration of bulletin. Rights
of trainmen to preference of runs will be governed by seniority
in the service of these railroads. This rule applies to work train,
extra and special service, maintained for a period of fifteen
days or more.
(b) If a trainman is senior bidder on
a bulletined assignment and does not withdraw his bid prior to
expiration of the bulletin, he must either accept the assignment
or go to the extra list.
(c) General chairman and local chairman
will be furnished copies of all bulletins.
(d) Bulletins which advertise new runs
or vacancies in accordance with paragraph (a), will include information
as to: nature of service, territorial limits of assignment, on
duty time, layover days, layover point, home terminal. Bulletins
for pool or irregular freight service will not include (1) on
duty time, or (2) layover day.
(e) Trainmen brought on duty in advance
of time specified in bulletin of assignment will be allowed l00
miles at their regular rates for each time so used, in addition
to the earnings of their assignment, except as provided in paragraph
(f).
(f) It is understood that in isolated
instances, trainmen may be called on duty in advance of their
bulletined on duty time, without penalty, (1) if requirements
of the service justify it, in which case the concurrence of the
ORCB will be requested; or (2) if trainmen on the particular assignment
request it.
(g) In assigned regular road service
where employees report for duty without being called, and it is
desired on any day to defer the reporting time, advance notice
shall be given not less than the usual advance calling time for
reporting for duty at each terminal and in accordance with usual
calling practices at such terminal. The employee shall be notified
at such time when he is to report and only one such deferment
may be made. In such cases the time of the trip or tour of duty
shall begin at the time the employe is required in accordance
with said notice of change to report for duty and does so report.
If not so notified, the reporting time shall be as provided in
the assignment.
Where employees are called for pool
or irregular service, existing rules or practices are not changed
or affected by this paragraph (g).
Notice under this paragraph is not required
if crew is brought on duty later than time specified in bulletin
due to application of Hours of Service Law.
If, due to application of hours of service
law, a regularly assigned crew is brought on duty after the midnight
hour at its away from home terminal, no penalty is due for loss
of calendar day, unless the intervention of the midnight hour
causes such crew to come on duty on its assigned layover day.
(h) Trainmen required to go beyond limits
of assignment will be allowed 100 miles at the rate of the service
performed for each time so used, in addition to the earnings of
their assignment.
Rule 27
Refusing or Vacating Runs.
Trainmen refusing a run open to their
choice, or vacating a run, cannot thereafter claim the run refused
or vacated, except that it again be vacated or in case they are
thereafter deprived of a run which they held.
Rule 28
Permanent Vacancies.
When a regular assigned run becomes
vacant through a definitely arranged for leave of absence of 45
days or more or when, for any reason other than a leave of absence
of 45 days or more, a regular assigned run has been vacant for
a period of 30 days or more, it will be considered permanently
vacated and the run will be bulletined and assigned in accordance
with Rule 26, Trainmen's Schedule.
Trainmen, whose runs have been bulletined
for the above reasons will, when they return to service, be permitted
to exercise their seniority in accordance with Rule 30, Trainmen's
Schedule, and take any run on, the division held by trainmen their
junior in seniority, except that should a trainman, on leave of
absence of 45 days or more, return to service before the expiration
of 30 days, he will be required to return to the run which he
vacated and other trainmen, who have vacated runs in connection
with this particular vacancy, will also be required to return
to the runs which they vacated in connection therewith.
Rule 29
Change in Runs.
When terminal or layover day is changed,
or when leaving or arriving time of any run is changed three hours
or more or when assigned mileage is increased or decreased to
the extent of four hundred miles per month, it will be considered
sufficient cause to bulletin run.
Rule 30
Displacement Rights.
(a) A trainman losing his regular assignment
by reason of its having been discontinued, or having it taken
by a senior trainman, or his having been absent therefrom more
than 30 days shall be entitled to take any run on the division
held by a junior trainman, including those open by bulletin. Such
trainman exercising his seniority onto an assignment open by bulletin
must make written application therefor. A run will be considered
discontinued when changed sufficiently to cause it to be rebulletined.
(b) If, in case of sickness or leave
of absence, or for any other reason, a trainman is unable to bid
on runs open for bid, he will, on returning to duty, be entitled
to exercise his seniority by displacing any trainman his junior
holding such runs which have been bulletined during his absence.
(c) A trainman exercising his seniority
in pool service will displace the youngest regularly assigned
man; except that if there is an open vacancy he may exercise his
seniority onto such vacancy.
(d) A trainman wishing to displace another
trainman in accordance with these rules must exercise such right
two hours or more prior to the on duty time of trainman to be
displaced.
Rule 31
Extra Conductor Service.
(a) The senior rested conductor at terminals
where passenger service originates, not holding a passenger conductor's
assignment, and who is qualified and Service equipped for passenger
service, will be called for extra passenger service.
(b) For other than extra passenger service,
the senior rested demoted conductor at the point where vacancy
occurs will be called. If there are no demoted conductors available
at point where vacancy occurs, the senior rested demoted conductor
at nearest point will be called.
(c) Demoted conductor accepting call
under this rule will fill the vacancy unless and until displaced
by a senior demoted conductor or until displaced under provisions
of Rule 33.
Interpretations:
(1) Demoted conductors must either hold
a regular assignment as brakeman or place themselves on the brakemen's
extra board before they will be allowed to exercise their seniority
as extra conductors under this rule.
(2) For the purposes of section (a)
Portland and Vancouver will be considered one terminal.
(3) Demoted conductors ordered to deadhead
on a specific train will not be considered available for extra
conductor service until the arrival of that train unless there
are no other demoted conductors available.
(4) Unassigned service created at other
than the home terminal will be filled by the oldest available
conductor from the home terminal of the district such assignment
is to work on.
(5) Demoted conductors cannot voluntarily
deadhead on their own time for the purpose of making themselves
available at another point for extra conductor service.
(6) A conductor in unassigned work train
service will, after arrival at his awayfromhome terminal,
be considered available for further extra conductor service, after
his legal rest period in accordance with his seniority; provided
he has not elected to deadhead to his home terminal.
Rule 32
Extra Brakemen.
(a) Extra brakemen will work firstin,
firstout at terminals where extra boards are maintained.
After seven days vacancy may be filled by senior extra brakeman
applying therefor, or it may be filled under provisions of Rule
33.
An extra brakeman, accepting call for
temporary vacancy at point where extra list is not maintained
shall hold such vacancy until the regular man returns, not, however,
to exceed ten days if a senior extra brakeman displaces him,
or if displaced under provisions of Rule 33.
It is understood that the first extra
brakeman catching vacancy at outlying point may request relief
at expiration of fifteen days; except that a brakeman filling
a vacation vacancy cannot request and be granted relief before
the expiration of the paid vacation period. No deadhead payment
will be made to brakemen requesting relief under this paragraph.
(b) It is not intended that a new vacancy
is created in the event a regular man marks up for his assignment
and for some reason does not go out on the next trip.
In the event the regularly assigned
man marks up but does not go out the next trip, the extra man
previously filling the vacancy will be returned to it providing
he is available and rested on the extra list. In the event the
extra man previously filling the vacancy is not available and
rested on the extra list, seniority will govern as to subsequent
filling of the vacancy.
(c) Division officers of the Company
and local chairman will cooperate in keeping brakemen's extra
boards on the respective districts reduced so that extra brakemen
may earn the equivalent of 2600 freight miles per month.
Rule 33
Temporary Vacancies.
(a) When it is definitely known that
a regular assignment in any class of service is to be temporarily
vacant for a period of five days or more or when a regular assignment
has been vacant for a period of five days, the senior regularly
assigned trainman making application for same in writing, up to
twelve o'clock noon on the seventh day of such vacancy will be
assigned thereto within five days after expiration of the first
five days' vacancy.
(b) A trainman accepting a temporary
vacancy under this rule will fill such vacancy until the regularly
assigned man returns to service, when he will return to his regular
assignment, except that he may displace a junior trainman filling
a temporary vacancy which has existed for more than seven days.
Interpretations:
(1) A trainman cannot voluntarily relinquish
a temporary vacancy he is filling under provisions of this rule.
(2) A trainman can make an effective
bid on a bulletined vacancy under Rule 26 while filling a temporary
vacancy under this Rule 33, but he may not take service on the
bulletined assignment until he has been relieved from the temporary
vacancy in the manner provided in paragraph (b).
(3) A trainman displaced from his regular assignment while filling a temporary vacancy under this rule must remain on the temporary vacancy until he is relieved in accordance with paragraph (b) hereof.
(4) Paragraph (a) hereof does not contemplate
that a second temporary vacancy will be created when a trainman
lays off while filling a temporary vacancy under this rule.
(5) A regularly assigned conductor who
accepts a temporary vacancy on a brakeman's assignment under this
rule assumes the status of a demoted conductor for purposes of
Rule 31 while filling such temporary vacancy.
(6) A trainman must actually hold a
regular assignment before he can make an effective bid for a temporary
vacancy under this rule.
(7) A trainman assigned to pool freight
service will not be permitted to exercise seniority onto a temporary
vacancy in the same pool.
(c) Should a trainman be absent from
his assignment for any reason and at intervals is marked back
on his assignment, but performs no service thereon, such mark
up shall not be considered to have broken the continuity of the
temporary vacancy.
Interpretation:
A trainman filling a temporary vacancy
under the provisions of Rule 33 will be removed from the temporary
vacancy when the regular man reports for work, with the understanding
that if the regular man does not actually protect the assignment
the next tour of duty and the trainman who had filled the temporary
vacancy is rested and available for service, he will be returned
to it.
If temporary vacancy exists at an outside
point and trainman deadheads to his terminal after being removed
from the vacancy and then deadheads back to the same vacancy in
the circumstances described above, no deadhead payment will be
made.
It is understood that unless the regular
man after reporting for work actually returns to service, the
man filling the temporary vacancy is not relieved so as to entitle
him to deadhead payment to his home terminal.
If he accepts other service and is not
available for service when the assignment next goes to work, he
relinquishes right to the temporary vacancy.
Rule 34
Leave of Absence.
(a) Trainmen will be granted leave of
absence and transportation, without unnecessary delay, to serve
on committees representing the trainmen of these railroads. Foreign
line transportation will be limited to those railroads that furnish
free exchange transportation to employees of this carrier in such
circumstances. Other leaves of absence will not be granted for
a longer period than six months, except in case of sickness, injury
or force reduction.
(b) In case a trainman is promoted to
an official position with the railroads or the organizations,
he will be considered in the service of the railroad as to his
rank and rights of promotion and will retain the same rank that
he would have gained if in actual service.
(c) Leaves of absence in excess of 30
days must be requested in writing and approved by Superintendent.
Rule 35
Military Service.
Trainmen, who have been in service 90
days, entering military service of the United States will be service
granted leaves of absence, will retain full seniority, and on
their discharge from military service will be governed by the
provisions of the Universal Military Training and Service Act.
(See Appendix "Y").
Rule 36
Service Letters.
Service letters will, upon request,
be promptly furnished all trainmen who have been in the service
sixty (60) days or more and are leaving the employ of the railroad.
Copies of letters of recommendation will be filed with personal
records of trainmen, and originals will be returned after the
trainmen enter service.
Rule 37
Passes.
Trainmen in service one year or more
will be furnished with annual passes good over the system lines,
and after five years annual passes will be furnished trainmen's
families good over the system lines.
Rule 38
Not Pay Fines.
Trainmen will not be required to pay
fines on account of damage to equipment or freight while in transit.
Rule 39
Extra Compensation.Extra Compensation.
(a) A trainman required to perform the
duties of baggageman in addition to his other duties, will be
paid an additional allowance of $16.80 per month.
(b) When a trainman acts as foreman
in other than train or yard service, under instructions from Superintendent,
he shall receive $2.00 per day in addition to regular rates allowed.
Rule 40
Not Load Drawbars.Not Load Drawbars.
(a) Trainmen will not be required to
load drawbars, except at stations when billed as freight, or to
chain up or remove chains from double loads.
Not Couple Hoses.
(b) It will not be the duty of trainmen
to couple air hose, steam hose, test air, or close car doors,
at terminals where carmen are employed and on duty.
Not Service Engines.Not Service Engines.
(c) Trainmen will not be required to
service engines when other men are available. If required to service
engines they will be paid actual time consumed.
This in addition to all other allowance
for the trip.
Not Handle Cables, etc.Not Handle Cables, etc.
(d) It will not be the duty of trainmen
to handle cables, side boards, side doors or aprons, or to operate
weed burners or rail loaders.
Not Ride Snow Plows.Not Ride Snow Plows.
(e) Men will be provided to ride Russell
plows and handle flangers and wings. It will not be the duty of
trainmen to do this except in emergencies.
Rule 41
Supplying Cabooses.
(a) At terminals where carmen are employed,
when supplies are needed for caboose, they will be put on by someone
other than trainmen. This will not relieve conductor of duty of
seeing that caboose is adequately supplied before leaving terminal.
Switching with Cabooses.
(b) Cabooses must not be switched with
at terminals or unnecessarily handled, except to put them on with
trains or take them off. Cabooses will be placed on caboose track
with reasonable promptness after arrival at terminals.
Rule 42
Transportation.
When trainmen take run compelling them
to change their home from one point to another, their families
and household effects will be transported free where possible
to do so by rail.
Rule 43
Shortage of Time.
When time of trainmen is short, time
check to cover shortage will be issued on request, if shortage
amounts to a basic day or more.
Rule 44
Complaints Against Trainmen.
Any complaint against a trainman by another employee must be made in writing to receive consideration; all papers shall be open for inspection.
Rule 45
Meals.
Freight trainmen will be allowed to
eat as nearly as possible at the expiration of every six hours,
provided they notify the train dispatcher, and if they do not
absent themselves from their trains over 30 minutes they will
receive continuous time. Passenger and opposing symbol freight
trains not to be delayed, unless authorized by dispatcher.
RULE 46
Using Retainers.
Trainmen will be allowed double mileage
over the portion of track where they are required to ride out,
using retainers or hand brakes on mountain grades to assist in
holding train. Under this rule crews will be paid as a unit. Double
mileage under this rule will be paid as an arbitrary allowance.
Rule 47
Doubleheading
(a) With trains of over 40 cars, exclusive
of cabooses, doubleheading is prohibited, except as hereinafter
stated;
(b) Doubleheaders may be run on any
district provided the rating of the largest engine handling the
train is not exceeded.
(c) In case of an accident to an engine,
consolidation may be effected with another train and consolidated
trains brought into terminal as a doubleheader, if practicable.
(d) For the purpose of enforcing section
(a) of this rule, double mileage will be allowed for the actual
mileage doubleheaded when same is violated.
Rule 48
Short Cars
So far as practicable short cars shall
be placed on the head end of trains out of terminals in station
order.
NOTE: Trains will not be started out
of division terminals, with cars mixed, with the intention of
having the switching done at intermediate stations in order to
avoid paying for switching at terminals.
A train crew, called for through freight
service and required to perform switching at an intermediate station
because of improper blocking of short cars at the initial terminal,
will be paid for time actually so consumed at through freight
rates in addition to all other allowances for the trip.
Rule 49
Loading and Unloading L.C.L.
Freight.
At Portland, Spokane, Vancouver, Astoria,
Eugene, Albany and Salem, l.c.l. shipments in excess of 5,000
pounds, destined to any point where there are side track facilities,
will be loaded in a set out car and the train crew not required
to unload. Crews will not be required to load more than 5,000
pounds of freight (except perishable) at agency stations.
Rule 50
Calling of Crews.
At terminals, trainmen will be called
within one mile of register office. Trainmen will designate the
place they are to be called in a book kept for that purpose at
register points.
When trainmen have telephones, they
will be called by phone, regardless of distance.
Trainmen will be called as nearly as
practicable one hour and fifteen minutes in advance of time for
which ordered to report.
Trainmen may be required to sign for
calls.
When the location of a register office
or other calling point at a terminal is changed, trainmen residing
within one mile of such register office or calling point at the
time of change, will be considered as within the calling limit.
Rule 51
Laying Off and Reporting for
Duty.
(a) When trainmen lay off, they will
do so at their home terminal.
(b) A regularly assigned trainman who
lays off will not be considered available for any service, except
in emergency, until the expiration of twelve hours from time of
layoff or until his regular car returns so the home terminal,
whichever occurs first.
The preceding paragraph does not apply
to senior freight conductor who desires to lay off his assignment
to accept subsequent service as extra passenger conductor.
An extra trainman who lays off will
not be considered available for any service, except in emergency,
until the expiration of twelve hours from time of lay off.
An extra trainman who misses a call
will be marked to the bottom of the extra board and will not be
considered available for subsequent service until after the expiration
of 12 hours.
A trainman who is laying off must report for duty within six hours from the time the trainman to be displaced has been relieved from duty; except that a trainman who lays off from an outlying assignment must report for duty before the trainman to be relieved arrives at point of relief.
Rule 52
Service on Layover Days.
Trainmen assigned to regular runs with
layover days, will be notified if required for service on layover
days. If no notice is received, on arrival at tie-up point, they
may absent themselves until time for their regular run. If notified
and not used, will be paid a minimum day.
Rule 53
Runarounds.
A trainman or trainmen not called in
turn will be paid 100 miles for each runaround at the rate of
the service for which they should have been called and will retain
their relative first out status.
When no trainmen are called for an existing
vacancy or vacancies, the trainman or trainmen who stood to be
called for such vacancy or vacancies will be paid the miles he
or they would have made if called for such assignment or assignments,
plus 100 miles at the rate of the assignment.
Crews in pool freight service will be
run first in, first out of terminals on the district to which
they are assigned. For the purpose of this rule, a setup
crew in pool freight service assumes the same status as an assigned
pool crew, and an extra trainman filling a vacancy in pool freight
service assumes the same status as the regular man he is relieving.
A pool freight crew that is not called
in turn, or that is runaround at terminal, will be paid 100 miles
for each runaround and remain first out.
In case of a wreck call necessitating
the immediate use of the wrecker, the first available trainmen
may be used, in which event trainmen so run around will not be
allowed compensation under this rule.
Rule 54
Automatic Release.
Except as otherwise provided, trainmen
arriving at terminals are automatically released unless required
to do terminal work.
Rule 55
Held From Service.
(a) When one or more members of a train
crew are taken for some particular service and the remaining members
are required to lay at terminals, they shall be paid not less
than their regular run would have paid them. Under this rule,
trainmen in extra or irregular service will be paid not less than
one day for each calendar day so held.
(b) When trainmen are held from their
runs or service (except as per Rule 16(a), their pay until they
return to their runs or service shall nol: be less than it would
have been had such an interruption to their regular work not occurred.
Rule 56
Experienced Brakemen on Way
Freight.
Inexperienced brakemen, those having
had less than six months actual service, will not be sent out
on way freight trains when experienced brakemen are available
on extra list. Extra men run around under this rule will not be
paid therefor.
Rule 57
Work Train Service.
(a) Trainmen called for work train service
will, when called, be notified of the approximate duration of
the job.
(b) 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.
Rule 58
Called and Not Used.
When trainmen are called and report
for service, they shall receive not less than 8 hours' pay unless
such call is annulled before the expiration of four (4) hours,
in which event they shall receive four (4) hours' pay and continue
to stand first out. If such call is annulled after four (4) hours,
and before the expiration of eight (8) hours, they shall receive
eight (8) hours' pay and thereafter stand last out. If such call
is not annulled until after eight (8) hours, they shall receive
payment for all time so held, as per schedule rules, and thereafter
stand last out.
Interpretations:
1. Trainman called at home at 1:00a.m.
for service at 2:15a.m. At 1:30a.m. train is annulled and trainman
called at 1:35a.m. before leaving home, and told that train is
annulled.
No payment.
2. Trainman called at 1:00a.m. for service
at 2:15a.m. Reports and waits for arrival of train called for,
and, at 5:45a.m. is informed train is annulled due to derailment.
Trainman will be allowed 50 miles and
stand first out.
Rule 59
Assigned Crews Delayed.
When assigned crews are so delayed that
they do not arrive at terminals in time to come out on their regular
runs, they shall after a proper rest, stand first out in order
to enable them to reach their proper terminals in time to bring
out their regular runs without loss of time.
Rule 60
Deadheading
(a) Trainmen first out will deadhead
and will stand first out ahead of trainmen running train.
(b) Trainmen will be allowed actual
time for deadheading, either miles or hours, whichever is the
greater; when no other service is performed on same day a minimum
of one day will be allowed (except as provided in Sections (d)
and (e).
(c) When called to deadhead in connection
with service trip, they will be paid continuously, miles or hours,
whichever is the greater, for the combined service and deadhead
trip at the rate for the class of serv ice called to perform,
except that when tied up between the deadhead and service trip
they will be paid a minimum of one day for each call.
(d) Trainmen deadheading when exercising
their seniority will not be paid therefor, but men required to
deadhead account displaced by senior men exercising seniority
will be paid actual miles or hours, whichever is the greater,
with a minimum of onehalf day's pay.
(e) Extra men required to deadhead in
relieving regular men who are laying off of their own accord will
be paid actual miles or hours, whichever is the greater, with
a minimum of onehalf day for each deadhead trip in connection
with the relief, except as per Section (c).
(f) Trainmen required to deadhead to
relieve other trainmen account sickness and all deadheading except
as outlined in Sections (c), (d), (e), (g) and (h) will be paid
miles or hours, whichever is the greater, with a minimum of one
day.
(g) When an assignment is discontinued
leaving trainmen away from district terminal, trainmen will be
paid for deadheading to next point of service; or to district
terminal when necessary to report to such terminal to exercise
seniority. Brakemen returning to extra board at district terminal
after their assignment is discontinued will be paid for deadheading
to such terminal. Such deadhead payments will be made per paragraphs
(b) and (c) of this rule.
(h) When an assignment is bulletined
to commence service at the district terminal where extra board
is maintained for that district, no deadheading in connection
with such assignment will be paid for. When an assignment is bulletined
to commence service at other than such district terminal, the
first trainmen sent to such outlying point will be paid deadheading
either from such district terminal or from point of last service,
unless service is furnished to such outlying point in lieu of
deadheading. No further deadhead will be paid to either the successful
bidder or to another senior trainman exercising seniority onto
the assignment. Deadhead payments under this paragraph will be
made as per paragraphs (b) and (c) of this rule.
Rule 61
Hour of Service.
(a) When trainmen are tied up between
terminals where there is no place in which trainmen can eat and
sleep, they will be paid continuous time for the time held at
pro rata schedule rate.
(b) Crews shall not be tied up between
terminals for the purpose of avoiding overtime. In case of delay
due to wreck, washout or snow blockade, they shall be paid for
the first eight hours so held in addition to time or miles made
that day and for succeeding calendar day, will be allowed not
less than one hundred miles.
(c) Under the laws limiting the hours
of duty crews in road service will not be tied up unless it is
apparent that trip cannot be completed within the lawful time
and not the, if handling conditions will permit, until after the
expiration of fourteen hours on duty under Federal Law, or within
two hours of the time limit provided by the State Laws, if states
laws govern.
(d) If road crews are tied up in a less
number of hours than as per Section (c) of this rule, they shall
not be regarded as having been tied up under the law, and will
be paid for additional service as per Section (b) of this rule.
(e) When road crews are tied up between
terminals under the law, they shall again be considered on duty
and under pay immediately upon the expiration of the minimum legal
period off duty applicable 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.
(f) A continuous trip will cover movement
straightaway or turnaround, 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.
(g) Trainmen n train service tied up
under the law will be paid continuous time from initial point
to tie-up point. When they resume duty on continuous trip, they
will be paid from tie-up point to terminal on the following basis:
For fifty (50) 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 does not permit running
crews through terminals unless such practice is permitted under
the pay schedule.
(h) 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 miles or hours, whichever is the
greater from tieup point to the next tieup point,
or to the terminal.
(i) 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.
Rule 62
Pilots.
(a) Competent pilots will be furnished
for each light engine or foreign train operated over the railroads
parties to this Agreement. (See Appendix "B").
(b) Trainmen acting as pilots will be
paid through freight conductors' rates.
Rule 63
Conversion Rule.
(a ) Trainmen required to do station
switching will be paid local freight rates.
(b) Trainmen required to load or unload
freight or pick up and/or set out at more than two points will
be paid local freight rates. Picking up or setting out cars when
cars are not placed for loading or unloading will not be considered
station switching. The following shall not be considered picking
up and/or setting out cars for the purpose of this rule.
(1) Setting out defective cars
(2) Doubling hills.
(3) Picking up cars at first point or setting out cars at last point at which cars are picked up or set out respectively, within the initial or final terminal.
(4) Setting out or picking up cars (but
not setting out or picking Up at the same point) for the purpose
of adjusting the tonnage of the trains to established engine ratings.
NOTE: For the purposes of this rule,
the handling of way freight or the setting out and/or picking
up of cars will be additive.
EXAMPLE: Picking up and/or setting
out cars at one point and the loading or unloading of freight
at two points, or vice versa, will constitute conversion.
Rule 64
Side or Lap-back Trip
(a) When trainmen are required to make
a side or lapback trip between the terminals of their run,
they will be paid therefor actual time or miles, whichever is
the greater, at the prorata rate, independent of and in
addition to compensation for the regular road trip, with deduction
of time not attributable to the lap back or side trip. Overtime
will be computed and paid for on the basis of the regular mileage
of the trip, exclusive of miles made on the side or lapback
trip. Side (or lapback) trips in excess of fifteen miles,
except in case of emergency, will require payment of a minimum
of 100 miles.
(b) Side or lapback trips may
not be made part of a regular assignment except by mutual agreement
of the parties signatory hereto.
Doubling Hills
(c) Crews doubling hills will be paid
miles or hours at pro rata rate, whichever is greater, in addition
to all other allowance for the regular road trip.
(d) 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.
Rule 65
Time Limit on Claims
(a) All time slips must me presented
in writing, by or on behalf of employee or employees involved,
within sixty (60) days from date of occurrence on which claim
is based, and if not so presented, are barred.
(b) Should any such time slip be disallowed,
the Superintendent shall, within sixty (60) days from date same
is filed, notify the employee or his representative in writing
the reason for such disallowance. If the provisions of this paragraph
are not complied with the time slip will be allowed.
(c) If a disallowed time slip is to
be progressed as a claim the Local Chairman shall, within sixty
(60) days of receipt of declination notice, advise the Superintendent
in writing his reason for rejecting his decision, furnishing a
statement of facts as he understands them. If the provisions of
this paragraph are not complied with the claim will be considered
abandoned.
(d) Should any such claim be disallowed
the Superintendent shall, within sixty (60) days of receipt of
notice that his decision is rejected, advise the Local Chairman
in writing his reason for disallowing the claim, furnishing a
statement of facts as he understands them. If the provisions of
this paragraph are not complied with, the claim will be allowed.
(e) If the Superintendent's decision
is to be appealed, the Local Chairman shall so notify the Superintendent
in writing within thirty (30) days of receipt of such decision;
and the appeal shall be made in writing by the General Chairman
to the General Manager within ninety (90) days of receipt of Superintendent's
decision. If the provisions of this paragraph are not complied
with, the claim will be considered abandoned.
(f) If such claim is declined on appeal,
the General Manager shall so notify the General Chairman in writing
within ninety (90) days of receipt of written appeal. If the provisions
of this paragraph are not complied with, the claim will be allowed.
(g) All rights of a claimant involved
in continuing alleged violations of agreement shall, under this
rule, be fully protected by continuing to file a claim or grievance
for each occurrence or tour of duty up to the time when such claim
is disallowed by the Superintendent.
(h) Decision by the General Manager
shall be final and binding unless within sixty days after written
notice of his decision, he is notified that his decision is not
accepted. Decision by the highest officer designated by the carrier
to handle claims shall be final and binding unless within one
year from the date of said officer's decision such claim is disposed
of on the property or proceedings for the final disposition of
the claim are instituted by the employee or his duly authorized
representative and such officer is so notified. It is understood,
however, that the parties may by agreement in any particular case
extend the one year period herein referred to.
(i) Failure to comply with the time
limits specified in the foregoing paragraphs of this rule shall
not be considered as a precedent or waiver of the contentions
of either party as to other similar claims.
(j) This rule shall not apply to requests
for leniency.
Rule 66
Attending Court or Inquest.Attending Court or Inquest.
When trainmen are required to attend
court or inquest, and such service is performed during layover
or relief periods, they will be paid a minimum day at the rate
for class of service last performed for each calendar date. If
such service is performed at a time that will cause trainmen to
lose time from their runs, they will be paid the earnings of their
assignment but not less than a minimum day for each calendar date.
When called upon to leave home, all necessary and reasonable expenses
will be paid. Witness fees will be assigned to the Railway Company.
Statements to Claim Agents,
etc.Statements to Claim Agents, etc.
Trainmen required to give statements
to claim agents, or other analogous service at the request of
the company during their layover or relief periods, will be paid
for the actual time consumed at pro rata rate.
It is understood that claim agents may
call on trainmen at their residences to secure statements or depositions
without payment of compensation allowance herein provided.
Rule 67
Investigations
A trainman, who has been in service
more than 90 days, will not be dismissed, disciplined or given
record suspension without a fair and impartial investigation,
unless waiver of such investigation is submitted in writing to
the investigating officer.
Notice of such investigation, stating
the known circumstances involved, charges, time and place at which
investigation is to be held, shall be given to each employee in
writing within 10 calendar days of the date that knowledge of
the offense or irregularity has been received by the Superintendent;
Trainmaster or Yardmaster in charge; and investigation will be
held within 10 calendar days of such notice, unless reasonable
postponement has been requested by either the company or the employee.
Investigation will be held as far as
practicable, at the home terminal of the employee involved, and
at such time and place as will cause him a minimum loss of time
or rest.
At the investigation the accused employee
may be represented by an employee or employees of his choice.
He may present such testimony as he may desire, and may be present
and hear all testimony submitted at the investigation.
A transcript will be made of all statements,
reports and information made a matter of record at the investigation.
A copy of such transcript will be furnished on request to the
employee or his representative.
A decision will be rendered and any
employee held responsible will be notified in writing of such
decision within 15 calendar days after completion of investigation.
If decision results in suspension or
dismissal, it shall become effective as promptly as necessary
relief can be furnished, but in no case more than ten (l0) calendar
days after notice of such decision to the employee. If not made
effective within ten (10) calendar days, or if the employee is
called back to service prior to completion of suspension period,
any unserved portion of such suspension will be cancelled.
An employee dissatisfied with decision,
may appeal such decision and progress such appeal through the
same channels and in the same manner as provided for in the time
limit on claims rule.
Any trainman having been dismissed from
the service of these railroads retains his seniority rights during
investigation and appeal of his case, and if reinstated he will
be returned to service in accordance with his former seniority.
A trainman may be held out of service
pending investigation. If such trainman is found guiltless, he
shall be paid the mileage made by his regular assignment, or in
the case of a trainman not having a regular assignment, he will
receive 8 hours' pay for each calendar day at through freight
rate. If a trainman is discharged and he is later reinstated on
appeal, he shall be paid for 8 hours per day at his regular rate
for all time lost.
Rule 68
Pay for Attending Investigations
A trainman requested by the Company
to attend an investigation, at his home terminal or layover point,
during his layover period, either as a witness or if he is accused
and found guiltless, will be paid at the pro-rata through freight
rate for the time actually attending investigation not to exceed
one day and with a minimum of one hour.
If an employee is requested by the Company
to attend an investigation at other than his home terminal or
layover point, either as a witness or if he is accused and found
guiltless, he will be paid for actual miles deadheaded, plus actual
time attending the investigation, with the understanding that
the total payment for deadheading and attending investigation
will not exceed a minimum day's pay for each calendar day.
If necessary for such employee to pay
for transportation to get to point where investigation is held,
he will be reimbursed for such expense.
Witnesses summoned by employees will
not be entitled to any payment under this rule or under Rule 55(b).
Rule 69
Emergency Use of Yardmen in
Road Service.
Where regularly assigned to perform
service within switching limits, yardmen shall not be used in
road service when road crews are available, except in case of
emergency.
Signed at Portland, Oregon this 8th
day of November, 1955.
FOR SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY
OREGON TRUNK RAILWAY
OREGON ELECTRIC RAILWAY COMPANY
E. H. SHOWALTER,
General Manager.
FOR ORDER OF RAILWAY CONDUCTORS
AND BRAKEMEN
S.W. HOLLIDAY, Chairman
General Committee of Adjustment
Approved:
M. J. GATES, Acting Vice President
This Vacation Agreement made this 29th
day of April, 1949 by and between the participating carriers listed
in Exhibits A, B and C, attached hereto and made a part hereof
and represented by the Eastern, Western and Southeastern Carriers'
Conference Committees, and the employees shown thereon and represented
respectively by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD
OF LOCOMOTIVE FIREMEN AND ENGINEMEN, ORDER OF RAILWAY CONDUCTORS,
BROTHERHOOD OF RAILROAD TRAINMEN, and the SWITCHMEN'S UNION OF
NORTH AMERICA.
IT IS HEREBY AGREED:
Section 1(a) -- Effective July 1, 1949,
each employee, subject to the scope of schedule agreements held
by the organizations signatory hereto, will be qualified for an
annual vacation of one week with pay, or pay in lieu thereof,
if, during the preceding calendar year, the employee renders service
under schedule agreements held by the organizations signatory
hereto amounting to one hundred sixty (160) basic days in miles
or hours paid for, as provided in individual schedules.
(b) Effective July 1, 1949, each employee,
subject to the scope of schedule agreements held by the organizations
signatory hereto, having five or more years of continuous service
with employing carrier will be qualified for an annual vacation
of two weeks with pay, or pay in lieu thereof, if, during the
preceding calendar year the employee renders service under schedule
agreements held by the organizations signatory hereto amounting
to one hundred sixty (160) basic days in miles or hours paid for
as provided in individual schedules and during the said five or
more years of continuous service renders service of not less than
eight hundred (800) basic days in miles or hours paid for as provided
in individual schedules.
(c) In dining car service, for service
performed on and after July 1, 1949--each seven and onehalf
(7½) hours paid for shall be considered the equivalent of
one basic day in the application of Sections 1(a) and 1(b).
(d) Calendar days on which an employee
assigned to an extra list is available for service and on which
days he performs no service, not exceeding sixty (60) such days,
will be included in the determination of qualification for vacation;
also, calendar days, not in excess of thirty (30), on which an
employee is absent from and unable to perform service because
of injury received on duty will be included.
(e) Where an employee is discharged
from service and thereafter restored to service during the same
calendar year with seniority unimpaired, service performed prior
to discharge and subsequent to reinstatement during that year
shall be included in the determination of qualification for vacation
during the following year.
Where an employee is discharged from
service and thereafter restored to service with seniority unimpaired,
service before and after such discharge and restoration shall
be included in computing eight hundred (800) basic days under
Section 1(b).
(f) Only service performed on one railroad
may be combined in determining the qualifications provided for
in this Section 1 except that service of an employee on his home
road may be combined with service performed on other roads when
the latter service is performed at the direction of the management
of his home road or by virtue of the employee's seniority on his
home road. Such service will not operate to relieve the home road
of its responsibility under this agreement.
Section 2 -- Employees qualified under
Section 1 hereof shall be paid for their vacation as follows:
(a) An employee receiving one week's
vacation, or pay in lieu; thereof, under Section 1(a) shall be
paid 1/52 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory hereto, on the
carrier on which he qualified under Section 1 (or carriers in
case he qualified on more than one carrier under Section 1(f))
during the calendar year preceding the year in which the vacation
is taken, but in no event shall such pay be less than six (6)
minimum basic days' pay at the rate of the last service rendered.
(b) An employee receiving two weeks'
vacation, or pay in lieu thereof, under Section 1(b) shall be
paid 1/26 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory hereto, on the
carrier on which he qualified under Section 1 (or carriers in
case he qualified on more than one carrier under Section 1(f))
during the calendar year preceding the year in which the vacation
is taken, but in no event shall such pay be less than twelve (12)
minimum basic days' pay at the rate of the last service rendered.
Section 3 -- Vacations, or allowances
therefor, under two or more schedules held by different organizations
on the same carrier shall not be combined to create a vacation
of more than the maximum number of days provided for in any such
schedules.
Section 4 -- Time off on account of
vacation will not be considered as time off account employee's
own accord under any guarantee rules and will not be considered
as breaking such guarantees.
Section 5 -- The absence of an employee
on vacation with pay, as provided in this agreement, will not
be considered as a vacancy, temporary, or otherwise, in applying
the bulletin rules of schedule agreements.
Section 6 -- Vacations shall be taken
between January 1st and December 31st, however, it is recognized
that the exigencies of the service create practical difficulties
in providing vacations in all instances. Due regard, consistent
with requirements of the service, shall be given to the preference
of the employee in his seniority order in the class of service
in which engaged when granting vacations. Representatives of the
carriers and of the employees will cooperate in arranging vacation
periods, administering vacations and releasing employees when
requirements of the service will permit. It is understood and
agreed that vacationing employees will be paid their vacation
allowances by the carriers as soon as possible after the vacation
period but the parties recognize that there may be some delay
in such payments. It is understood that in any event such employee
will be paid his vacation allowance no later than the second succeeding
payroll period following the date claim for vacation allowance
is filed.
Section 7 (a) -- Vacations shall not
be accumulated or carried over from one vacation year to another.
However, to avoid loss of time by the employee at end of his vacation
period, the number of vacation days at the request of the employee
may be reduced in one year and adjusted in the next year.
(b) After the vacation begins layover
days during the vacation period shall be counted as a part of
the vacation.
Section 8 -- No vacation with pay, or
payment in lieu thereof, will be due an employee whose employment
relation with a carrier has terminated prior to the scheduled
vacation period as provided in Section 6, except that employees
retiring under the provisions of the Railroad Retirement Act shall
receive payment for vacation due.
Section 9 -- The terms of this agreement
shall not be construed to deprive any employee of such additional
vacation days as he may be entitled to receive under any existing
rule, understanding or custom, which additional vacation days
shall be accorded under and in accordance with the terms of such
existing rule, understanding or custom.
Section 10 -- Any dispute or controversy
arising out of the interpretation or application of any of the
provisions of this agreement will be handled on the property in
the same manner as other disputes. If the dispute or controversy
is not settled on the property and either the carrier or the organization
desires that the dispute or controversy be handled further, it
shall be referred by either party for decision to a committee,
the carrier members of which shall be five members of the Carriers'
Conference Committees signatory hereto, or their successors; and
the employee members of which shall be the chief executives of
the five organizations signatory hereto, or their representatives,
or successors. It is agreed that the committee herein provided
will meet between January 1 and June 30 and July 1 and December
31 of each year if any disputes or controversies have been filed
for consideration. In event of failure to reach agreement the
dispute or controversy shall be arbitrated in accordance with
the Railway Labor Act, as amended, the arbitration being handled
by such Committee. Interpretation or application agreed upon by
such committee, or fixed by such arbitration, shall be final and
binding as an interpretation or application of this agreement.
Section 11 -- This vacation agreement
shall be construed as a separate agreement by and on behalf of
each carrier party hereto, and its railroad employees represented
by the respective organizations signatory hereto, and effective
July 1, 1949 supersedes the Consolidated Uniform Vacation Agreement
dated June 6, 1945, in so far as said agreement applies to and
defines the rights and obligations of the carriers parties to
this agreement and the employees of such carriers represented
by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive
Firemen and Enginemen, Order of Railway Conductors, Brotherhood
of Railroad Trainmen and Switchmen's Union of North America.
An employee who has taken or is scheduled
to commence his vacation during the year 1949 prior to July 1,
1949 shall not be entitled to the increased vacation nor to the
vacation allowance provided for herein during the period July
1, 1949December 31, 1949.
Section 12 -- This vacation agreement
shall continue in effect until changed or modified in accordance
with provisions of the Railway Labor Act, as amended.
Section 13 -- This agreement is subject
to approval of courts with respect to carriers in hands of receivers
or trustees.
Section 14 -- The parties hereto having
in mind conditions which exist or may arise on individual carriers
in making provisions for vacations with pay, agree that the duly
authorized representative (General Chairman) of the employees,
party to this agreement, and the officer designated by the carrier,
may enter into additional written understandings to implement
the purposes of this agreement, provided that such understandings
shall not be inconsistent with this agreement.
SIGNED AT CHICAGO, ILLINOIS, THIS 29TH
DAY OF APRIL, 1949.
For the participating carriers listed
in Exhibit A:
For the employees represented by the
participating labor organizations:
VACATIONS -- ARTICLE 3 (of Agreement
dated February 10, 1954)
Effective January 1, 1954, Sections
1 and 2 of the Vacation Agreement, dated April 29, 1949, in so
far as they apply to the employees represented by the Order of
Railway Conductors, and Section 9 of Agreement "A" of
May 23, 1952, between the parties signatory hereto, shall be eliminated
and the following substituted therefor:
Section 1. (a) -- Effective July 1,
1949, each employee, subject to the scope of schedule agreements
held by the organizations signatory to the April 29, 1949 Vacation
Agreement, will be qualified for an annual vacation of one week
with pay, or pay in lieu thereof, if, during the preceding calendar
year, the employee renders service under schedule agreements held
by the organizations signatory to the April 29, 1949 Vacation
Agreement amounting to one hundred sixty (160) basic days in miles
or hours paid for, as provided in individual schedules.
(b) Effective July 1, 1949, each employee,
subject to the scope of schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement, having five
or more years of continuous service with employing carrier will
be qualified for an annual vacation of two weeks with pay, or
pay in lieu thereof, if, during the preceding calendar year the
employee renders service under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement
amounting to one hundred sixty (160) basic days in miles or hours
paid for as provided in individual schedules and during the said
five or more years of continuous service renders service of not
less than eight hundred (800) basic days in miles or hours paid
for as provided in individual schedules.
(c) Effective January 1, 1954, each
employee, subject to the scope of schedule agreements held by
the Order of Railway Conductors, having fifteen or more years
of continuous service with employing carrier will be qualified
for an annual vacation of three weeks with pay, or pay in lieu
thereof, if, during the preceding calendar year the employee renders
service under schedule agreements held by the organizations signatory
to the April 29, 1949 Vacation Agreement amounting to one hundred
sixty (160) basic days in miles or hours paid for as provided
in individual schedules and during the said fifteen or more years
of continuous service renders service of not less than twentyfour
hundred (2400) basic days in miles or hours paid for as provided
in individual schedules.
(d) In dining car service, for service
performed on and after July 1, 1949--each seven and onehalf
(7½) hours paid for shall be considered the equivalent of
one basic day in the application of Sections 1(a), 1(b) and 1(c).
(e) Calendar days on which an employee
assigned to an extra list is available for service and on which
days he performs no service, not exceeding sixty (60) such days,
will be included in the determination of qualification for vacation;
also, calendar days, not in excess of thirty (30), on which an
employee is absent from and unable to perform service because
of injury received on duty will be included.
(f) Where an employee is discharged
from service and thereafter restored to service during the same
calendar year with seniority unimpaired, service performed prior
to discharge and subsequent to reinstatement during that year
shall be included in the determination of qualification for vacation
during the following year.
Where an employee is discharged from
service and thereafter restored to service with seniority unimpaired,
service before and after such discharge and restoration shall
be included in computing eight hundred (800) basic days under
Section 1(b) and twenty-four hundred (2400) basic days under Section
1(c).
(g) Only service performed on one railroad
may be combined in determining the qualifications provided for
in this Section 1, except that service of an employee on his home
road may be combined with service performed on other roads when
the latter service is performed at the direction of the management
of his home road or by virtue of the employee's seniority on his
home road. Such service will not operate to relieve the home road
of its responsibility under this agreement.
(h) Beginning on the date Agreement
"A" between the parties, dated May 23, 1952, became
or becomes effective on any carrier, the following shall apply
in so far as yard service employees and employees having interchangeable
yard and road rights covered by said agreement, who are represented
by the Order of Railway Conductors are concerned:
(1) In the application of Sections 1(a),
1(b) and 1(c) each basic day in yard service performed by a yard
service employee or by an employee having interchangeable yard
and road rights shall be computed as 1.2 days for purposes of
determining qualifications for vacation.
(2) Qualifying years accumulated, also
qualifying requirements for years accumulated for extended vacations,
prior to the calendar year in which Agreement "A" becomes
effective, shall not be changed.
(3) The 60 and 30 calendar days referred
to in Section 1(e) shall not be subject to the 1.2 computation
provided for in Sections 1(a), 1(b) and 1(c).
Section 2 -- Employees qualified under
Section 1 hereof shall be paid for their vacation as follows:
(a) An employee receiving one week's
vacation, or pay in lieu thereof, under Section 1(a) shall be
paid 1/52 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section 1(g)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall
such pay be less than six (6) minimum basic days' pay at the rate
of the last service rendered.
(b) An employee receiving two weeks'
vacation, or pay in lieu thereof, under Section 1(b) shall be
paid 1/26 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section 1(g)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall
such pay be less than twelve (12) minimum basic days' pay at the
rate of the last service rendered.
(c) An employee receiving three weeks'
vacation, or pay in lieu thereof, under Section 1(c) shall be
paid 3/52 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section 1(g)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall
such pay be less than eighteen (18) minimum basic days' pay at
the rate of the last service rendered.
(d) Beginning on the date Agreement
"A" between the parties, dated May 23, 1952, became
or becomes effective on any carrier, the following shall apply
in so far as yard service employees and employees having interchangeable
yard and road rights covered by said agreement, who are represented
by the Order of Railway Conductors, are concerned:
(1) An employee receiving one week's
vacation, or pay in lieu thereof, under Section 1 (a) shall be
paid 1/52 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section 1(g)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall
such pay be less the five (5) minimum basic days' pay at the rate
of the last service rendered.
(2) An employee having interchangeable
yard and road rights receiving one week's vacation, or pay in
lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation
earned by such employee, under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement,
on the carrier on which he qualified under Section 1 (or carriers
in case he qualified on more than one carrier under Section 1(g))
during the calendar year preceding the year in which the vacation
is taken; provided that, if the vacation is taken during the time
such employee is working in road service such pay shall be not
less than six (6) minimum basic days' pay at the rate of the last
road service rendered, and if the vacation is taken during the
time such employee is working in yard service, such pay shall
be not less than five (5) minimum basic days' pay at the rate
of the last yard service rendered.
(3) An employee receiving two weeks'
vacation, or pay in lieu thereof, under Section 1(b) shall be
paid 1/26 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section 1(g)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall
such pay be less than ten (10) minimum basic days' pay at the
rate of the last yard service rendered.
(4) An employee having interchangeable
yard and road rights receiving two weeks' vacation, or pay in
lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation
earned by such employee, under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement,
on the carrier on which he qualified under Section 1 (or carriers
in case he qualified on more than one carrier under Section 1(g))
during the calendar year preceding the year in which the vacation
is taken, provided that, if the vacation is taken during the time
such employee is working in road service such pay shall be not
less than twelve (12) minimum basic days' pay at the rate of the
last road service rendered, and if the vacation is taken during
the time such employee is working in yard service such pay shall
be not less than ten (10) minimum basic days' pay at the rate
of the last yard service rendered.
(5) An employee receiving three weeks'
vacation, or pay in lieu thereof, under Section 1(c) shall be
paid 3/52 of the compensation earned by such employee, under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section 1(g)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall
such pay be less than fifteen (15) minimum basic days' pay at
the rate of the last yard service rendered.
(6) An employee having interchangeable
yard and road rights receiving three weeks' vacation, or pay in
lieu thereof, under Section 1(c) shall be paid 3/52 of the compensation
earned by such employee, under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement,
on the carrier on which he qualified under Section 1 (or carriers
in case he qualified on more than one carrier under Section 1(g))
during the calendar year preceding the year in which the vacation
is taken; provided that, if the vacation is taken during the time
such employee is working in road service such pay shall be not
less than eighteen (18) minimum basic days' pay at the rate of
the last road service rendered, and if the vacation is taken during
the time such employee is working in yard service such pay shall
be not less than fifteen (15) minimum basic days' pay at the rate
of the last yard service rendered.
(7) With respect to yard service employees,
and with respect to any yard service employee having interchangeable
yard and road rights who receives a vacation in yard service,
such additional vacation days shall be reduced by 1/6th.
This agreement shall remain in effect
subject to notices served in accordance with provisions of the
Railway Labor Act, as amended.
Signed at Portland, Oregon, this 10th
day of February, 1954.
FOR ORDER OF RAILWAY CONDUCTORS
(Signed) B. P. BENNETT, General Chairman
FOR SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY
(SYSTEM LINES)
(Signed) E. H. SHOWALTER, General Manager
MR. B. P. BENNETT, General Chairman
Order of Railway Conductors
6105 S. E. 23rd Avenue
Portland, Oregon
Dear Sir:
Pursuant to Agreement signed by representatives
of the parties, signatory hereto, at Chicago, Illinois, February
5, 1954, the following is hereby agreed to:
"Effective January 1, 1954, it
is understood that if any employee who performed the necessary
qualifying service in the year prior to the year of his death,
dies before receiving such vacation or payment in lieu thereof,
payment of the allowance for such vacation shall be made to his
widow.
For example, if an employee performs
160 days of service in 1953 and dies in 1954 before receiving
his 1954 vacation, payment in lieu thereof will be made to his
widow. No vacation allowance will be due for 1955 even though
such employee may have worked 160 days in 1954."
Very truly yours,
(Signed) E. H. SHOWALTER, General
Manager
Approved and Accepted:
(Signed) B. P. BENNETT, General Chairman,
O.R.C.
File: 45a
MR. F. P. ALLEN, General Chairman
Order of Railway Conductors
4215 S. E. Washington
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
308 Fenton Building
Portland, Oregon
Gentlemen:
Again referring to your letter November
28, 1949 in connection with reaching an understanding with respect
to use of employees in pilot service.
During our conference January 4, 1950,
we discussed this matter and it was understood that your request
was in connection with freight and passenger service; also that
pilot service referred to does not include the Oregon Electric
and former United Railways Lines. We tentatively reached the following
understanding in connection with the use of pilots as provided
in Rule 3 of the Trainmen's Agreement and the manner in which
such pilots will be used when called for service under Rule 9
of the Schedule:
"When pilot service is required,
as provided in Rule 3, Conductors called for pilot service under
Rule 9 at the home terminal of a district will be run firstin
firstout of distant terminal while in such service. When
pilot service terminates at awayfromhome terminal,
pilots will be deadheaded back to their home terminal.
"If pilot service originates at
the awayfromhome terminal of a district, on short
notice, and there is not sufficient time to furnish a pilot from
the home terminal of such district, the oldest extra conductor
then available at the awayfromhome terminal of the
district shall be used and shall be deadheaded to his home terminal
if the point where released is not his home terminal.
"As examples, a conductor pilot
used Vancouver to Wishram may be used as pilot firstin firstout
at Wishram in return pilot service. If a second district pilot
is used west from Wishram to Vancouver such pilot must be deadheaded
back to Wishram as Wishram is not the home terminal for the first
district. Pilots used from Wishram or Spokane to Pasco may likewise
be used firstin firstout at Pasco in return pilot
service. If a third district pilot is used west from Pasco to
Wishram such pilot must be deadheaded back to his home district."
This letter is being written in triplicate
and if the above meets with your approval, will you please note
your approval and acceptance in space provided below, returning
the original to me and retaining copies for your file.
It is understood that if the above understanding
is acceptable such understanding will terminate upon ten days'
written notice of either party of the desire to so terminate it.
Very truly yours,
(Signed) E. B. STANTON
Vice President and General Manager
Approved and Accepted:
(Signed) F. P. ALLEN, General Chairman
Order of Railway Conductors
(Signed) B. F. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
File: 681c
MR. F. P. ALLEN, General Chairman
Order of Railway Conductors
4215 S. E. Washington
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
308 Fenton Building
Portland 4, Oregon
Gentlemen:
During conference today we discussed
the unsatisfactory situation at Bend Yard brought about by the
necessity of using inexperienced trainmen to fill yard positions.
In order to bring about some improvement
we tentatively agreed as follows:
Inexperienced brakemen, those having
had less than six months' service in train or yard service, will
not be permitted to bid in vacancies in Bend Yard. Such inexperienced
brakemen will not be called from the extra board for yard service
at Bend when experienced brakemen are available. It is understood
that the Railway Company has the option of doubling experienced
yardmen at Bend instead of deadheading inexperienced brakemen
from Wishram extra board, when experienced brakemen are not available
on the Wishram board. Extra or assigned men who are runaround
under this agreement will not be paid therefor.
When so called or used for service in
Bend Yard the provisions of Agreement signed February 12, 1948
and which became effective February 15, 1948 shall apply.
This letter is written in triplicate
and if conditions as outlined are satisfactory, please note your
approval and acceptance in space provided below, returning the
original to me and retaining copies for your files.
When so approved and accepted, we shall
place this arrangement in effect January 1, 1950. It shall thereafter
continue in effect until either party serves not less than thirty
(30) days' written notice of the desire to terminate it.
Very truly yours,
(Signed) E. B. STANTON
Vice President and General Manager
Approved and Accepted:
(Signed) F. P. ALLEN, General Chairman
Order of Railway Conductors
(Signed) B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
In full settlement of the request made
by the Brotherhood of Railroad Trainmen and the Order of Railway
Conductors that when a brakeman on Trains 3 and 4, is required
to handle baggage, express and mail between train and lock box
or station building at stations in territory between Spokane,
Washington and Kennewick, Washington (a distance of 150.3 miles)
he be paid a differential over the rate of pay of passenger brakemen
who are not required to do such work, it is agreed that:
1. When a passenger brakeman is required
to handle or assist in handling baggage, U. S. mail and/or express
shipments from train and place in station building or lock box,
or vice versa, at a station or stations in territory between Spokane,
Washington and Kennewick, Washington (either direction), he will
be paid an allowance of one cent (1¢) per mile or $1.50 for
each trip, in addition to all other payments made to him on a
trip.
2. This is to apply only to the brakeman
who is required to perform such service, and only on trips on
which such service is performed.
3. It is further agreed that Rule 51
of the schedule governing pay of employees in train service will
be inoperative in territory between Spokane and Kennewick on any
trip where a brakeman is paid the arbitrary allowance.
4. This agreement is effective May 1,
1947, and will continue in effect until changed or modified in
accordance with the provisions of the Railway Labor Act, as amended.
Signed at Portland, Oregon, this 21st
day of April, 1947.
FOR SPOKANE, PORTLAND AND SEATTLE
RAILWAY COMPANY
(Signed) E. B. STANTON
Vice President & General Mgr.
FOR BROTHERHOOD OF RAILROAD TRAINMEN
(Signed) B. E. KENNELLY
General Chairman
FOR ORDER OF RAILWAY CONDUCTORS
(Signed) A. BERGH
General Chairman
(As revised August 30, 1949. Rule 51
referred to herein is now Rule 13 in current schedule.)
Portland, Oregon
July 14, 1952
MR. B. P. BENNETT, General Chairman
Order of Railway Conductors
6105 S. E. 23rd Avenue
Portland, Oregon
Dear Sir:
Further reference is made to exchange
of correspondence in connection with Articles 4, 5, 6, 7, 10 and
11 of Interim Agreement signed at Washington, D. C., May 23, 1952.
During conference July 3, 1952 disposition
of aforesaid Articles were discussed and handling thereof will
be as follows:
ARTICLE 4 - INITIAL TERMINAL DELAY -
PASSENGER SERVICE
The Order of Railway Conductors elected
to preserve current Paragraph (f) Article V of Trainmen's Schedule
and no change in rules is necessary.
ARTICLE 5 - INITIAL TERMINAL DELAY
(Appears as Rule 18 of Trainmen's Schedule).
ARTICLE 6 - INTERDIVISIONAL SERVICE,
ETC.
The Carrier elected to adopt this as
a new rule effective August 1, 1952:
"Where the carrier desires to establish
interdivisional, interseniority district, intradivisional, or
intraseniority district runs in passenger or freight service,
the carrier shall give notice to the General Chairman of the organizations
involved of its desire to establish such runs, giving detailed
information specifying the service it proposes to establish and
the conditions, if any, which it proposes shall govern the establishment
of such service, the purpose being to furnish the employees with
all the necessary information. In all such negotiations, the carrier
and the employees shall definitely recognize each other's fundamental
rights and, where necessary, reasonable and fair arrangements
shall be made in the interest of both parties.
The parties will negotiate in good faith
on such proposals and failing to agree, either party may invoke
the services of the National Mediation Board. If mediation fails
and the parties do not agree to arbitrate the dispute under the
Railway Labor Act, then at the request of either party, the proposal
will be considered by a National Committee consisting of the chiefs
of the employee organizations involved and an equal number of
carrier representatives who shall be members of the Carriers'
Conference Committees, signatories hereto, or their successors
or representatives, provided, however, that this procedure of
appeal to the National Committee thus created shall not be made
in any case for a period of six months from the date of this agreement.
If said National Committee does not
agree upon the disposition of the proposal, then the conferees
will in good faith undertake to agree upon a neutral chairman
who will sit with the Committee, hear the arguments of the parties,
and make representations and recommendations to the parties with
the view in mind of disposing of the controversy. In the event
the parties do not agree upon such neutral chairman, then upon
the request of the parties, or either of them the National Mediation
Board will appoint the chairman.
While the recommendations of the Chairman
are not to be compulsory or binding as an arbitration award, yet
the parties hereto affirm their good intentions of arranging through
the above procedure for the final disposition of all such disputes
on a fair and reasonable basis."
ARTICLE 7 - POOLING OF CABOOSES
The Carrier elected to adopt this as
a new rule effective August 1, 1952:
"(a) The employees and the carrier
being desirous of cooperating in situations where train service
can be improved and trains expedited by the pooling of cabooses,
adopt the following:
(b) Where the carrier considers it advisable
to establish such pooling, appropriate committee or committees
representing the employees involved and the proper representative
of the carrier will conduct negotiations relating thereto.
(c) A reasonable and practical approach
to the problems herein referred to, namely--the pooling of cabooses--requires
that the carrier and the employees definitely recognize each other's
fundamental rights, and where necessary, reasonable and fair arrangements
shall be made in the interest of both parties.
It is further agreed that:
(1) Whenever the carrier desires so
to pool its cabooses, it shall give notice to the General Chairman
of such intention, specifying the territory and service involved,
whereupon the carrier and employee representatives shall, within
30 days, endeavor to agree upon any facilities that should be
furnished to provide accommodations substantially equivalent to
those formerly available on the cabooses and used by the employees
and on appropriate arrangements or supplying and servicing such
pooled cabooses.
(2) In the event the carrier and such
representatives cannot so agree on the matter, any party 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."
ARTICLE 10 - SWITCHING SERVICE FOR NEW
INDUSTRIES AND CHANGING SWITCHING LIMITS
The Carrier elected to adopt this as
a new rule effective August , 1952:
"(a) The employees and the carrier
being desirous of cooperating in order to meet conditions to the
end that efficient and adequate switching service may be provided
and industrial development facilitated, adopt the following:
(b) Except as provided in paragraph
(c) hereof, where the carrier considers it advisable to change
the existing switching limits, it shall give notice in writing
to the General Chairman of such intention, whereupon the carrier
and the General Chairman shall, within 30 days, endeavor to negotiate
an understanding.
In the event the carrier and the General
Chairman cannot so agree on the matter, any party involved may
invoke the services of the National Mediation Board.
If mediation fails, 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.
(c) Where, after August 1, 1952, 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. 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 (c) and a statement
of such time shall be furnished the General Chairman representing
yard and road crews by the carrier each month. Unless some other
plan for equalization of time is agreed to by the General Chairman
representing yard and road crews, the carrier shall periodically
offer to road employees 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 employees 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
employees 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 employees."
ARTICLE 11 - REPORTING FOR DUTY
The carrier elected to adopt this rule
effective August 1, 1952, and it now appears as Rule 26(g) of
Trainmen's Schedule.
It is understood that changes as herein
outlined, which become effective August 1, 1952 apply only to
those employees who are represented by the Order of Railway Conductors.
Will you please note your acceptance
and approval in space provided below.
Very truly yours,
(Signed) E. B. STANTON
Vice President and General Manager
Accepted and Approved:
(Signed) B. P. BENNETT, General Chairman
Order of Railway Conductors
It is hereby agreed that:
1. Effective April 1, 1950 when a brakeman
on Trains 5 and 6 1 is required to handle or assist in handling
baggage, U. S. Mail and/or express shipments from train and place
in station building or lock box, or vice versa, at stations between
Portland, Oregon and Pasco, Washington, he will be paid an arbitrary
allowance of One Dollar and Twentyfive Cents ($1.25) for
each trip on dates such service is performed, such allowance to
be in addition to all other payments made to him on a trip.
2. This is to apply only to the brakeman
who is required to perform service covered by Item 1, and only
on the trips on which such service is performed.
3. It is further agreed that Rule 51
of the schedule governing pay of employees in train service will
be inoperative on Trains 5 and 6 where a brakeman is paid the
arbitrary allowance.
4. This agreement will continue in effect
until changed or modified in accordance with the provisions of
the Railway Labor Act, as amended.
Signed at Portland, Oregon, this 30th
day of March, 1950.
FOR BROTHERHOOD OF RAILROAD TRAINMEN
(Signed) B. E. KENNELLY
General Chairman
FOR ORDER OF RAILWAY CONDUCTORS
(Signed) F. P. ALLEN
General Chairman
FOR SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY
(Signed) E. B. STANTON
Vice President & General Mgr.
(Rule 51 referred to herein is now Rule
13 in current schedule).
MR. E. ELLINGSON, General Chairman
Order of Railway Conductors
739 Northrup Street
Portland, Oregon
MR. P. F. REIDY, General Chairman
Brotherhood of Railroad Trainmen
1345 Liberty Street
Salem, Oregon
Gentlemen:
At conference held at this office October
2nd it was agreed that the PortlandSpokane passenger runs
on trains 1, 2, 3 and 4 would immediately be rebulletined, and
that hereafter beginning with March 1st, 1925 these runs would
be rebulletined on March 1st of each year.
Yours very truly,
(Signed) A. J. DAVIDSON
General Manager
CC MR. G. E. VOTAW
WHEREAS, it is the desire of the parties
hereto that Conductors and Trainmen who are required by the carrier
to wear uniforms while on duty shall present a nice appearance
and take pride therein; that they shall keep their uniforms clean
and properly pressed at all times, and otherwise, by their appearance
and actions promote for themselves and their railroad the good
will of the patrons, now therefore,
IT IS AGREED:
Section 1. The management of the Spokane,
Portland and Seattle Railway Company may designate a uniform to
be worn by such employees as may be specified at all times while
such employees are on duty, and such uniforms may be subject to
change from time to time as required by the carrier, but for the
present, at least, consist of the following:
A. A uniform consisting of cap and badge,
coat, vest and trousers.
B. A white shirt with black fourinhand
tie.
C. Black shoes.
Section 2. The employees will assume
and pay the entire cost of shirts, neckties and shoes as specified
by the carrier to be worn with such uniforms.
Section 3. When it is considered necessary
by the officer charged with such responsibility for an employee
subject to this agreement to procure a new uniform, an order therefor
will be secured from the Superintendent and the employee may purchase
a uniform from any local clothier. The carrier will assume and
pay a sum equal to fifty (50) percent of the cost of each such
uniform consisting of coat, vest and trousers, provided the total
cost of such uniform shall not exceed Seventy Dollars ($70.00)
and the employee will assume and pay the balance of the cost of
each suit. The employee shall pay for the suit purchased and present
a receipt therefor to the Superintendent who will then arrange
for a refund voucher covering the carrier's percentage of the
cost. Caps will be furnished employees without charge.
Section 4. The employees agree to keep
their uniforms properly cleaned and neatly pressed at all times
at their own expense, and it is understood that when new uniform
suits are obtained, a complete new suit will be purchased; that
is, the coat, vest and trousers on each such occasion, for the
reason that it is unreasonable to wear a new uniform with an old
vest and trousers, or vice versa.
Section 5. It is agreed that in cases where a uniform or any portion thereof is lost, stolen, damaged or destroyed as a result of carelessness on the part of the employee, the employee will repair such damage or replace such uniform at his own expense.
Section 6. It is understood and agreed
that uniforms will be worn only when performing the service for
which purchased, and are not to be used for other occasions when
it can be avoided.
Section 7. It is agreed that an employee
whose uniform is secured under the terms of this agreement, and
subsequently voluntarily disqualifies himself in writing or declines
to accept passenger service within a period of one year from date
such uniform is received, will thereupon refund to the Company
the amount it paid toward the cost of such uniform. This may be
done by payroll deduction.
Section 8. The purchase of uniforms
under provisions of this agreement may be confined to Conductors
and Trainmen regularly assigned to passenger service, or to extra
brakemen who protect passenger service out of Portland.
Section 9. This Agreement shall become
effective July 1, 1948 and continue in full force and effect,
unless and until changed, amended or cancelled under the provisions
of the Railway Labor Act, as amended.
Signed at Portland, Oregon June 24,
1948 as revised April 1, 1951.
FOR THE CARRIER:
(Signed) E. B. STANTON
Vice President & General Mgr.
FOR THE EMPLOYEES:
(Signed) F. P. ALLEN
General Chairman
Order of Railway Conductors
(Signed) B. E. KENNELLY
General Chairman
Brotherhood of Railroad Trainmen
May 3, 1951
File: 5965-284
MR. F. P. ALLEN, General Chairman
Order of Railway Conductors
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
MR. C. J. COUGHLIN, General Chairman
Brotherhood of Locomotive Engineers
MR. E. S. MORSE, General Chairman
Brotherhood of Locomotive Firemen &
Enginemen
Gentlemen:
This refers to letter from Mr. Coughlin
of April 13 and letter from Messrs. Allen, Kennelly and Morse,
same date, about moving the yard limit board at Eugene easterly
3100 feet.
The Railway Company will provide a doubleended
run around track at or in the vicinity of the North End or Fox
Valley Lumber Company spurs, but it will take perhaps two or three
weeks from today to make this installation, because such installation
will depend upon the possible rearrangement of the present North
End and/or Fox Valley Lumber Company spurs, or the proposed location
for any other spur or spurs which may be installed or take off
the two spurs mentioned above.
Meanwhile I will go ahead and move the
yard limit board as hereinbefore indicated with the understanding
that initial terminal switching by eastbound trains will continue
until such trains reach the yard limit board in the new location;
and, that all time consumed by westbound trains from the time
such trains pass the yard limit board, will be paid as final terminal
delay. It is agreed that the present road mileage between Portland
and Eugene, (143 miles) will prevail.
Very truly yours,
(Signed) E. H. SHOWALTER
Superintendent
The SPOKANE, PORTLAND AND SEATTLE RAILWAY
COMPANY, and its employees represented by the Order of Railway
Conductors and Brakemen, do hereby agree as follows:
(1) When through freight, local freight
or mixed crew are required to perform special service as outlined
in Paragraph (2) of this agreement, and such service is incidental
to their day or trip, crews will be paid for such service on the
basis of actual time consumed therein, with a minimum of one (1)
hour at pro rata rate for the day or trip, except when the actual
time consumed in the performance of these services aggregates
four (4) hours or more, a day at work train pro rata rate shall
be allowed, these allowances to be in addition to all other allowances,
and with no reduction from total time spread of trip on account
of performance of such service, and without claim from other employees.
Service performed under this agreement shall not be considered
as a stop or point for purposes of Conversion Rule 63 of Schedule
for Train Service employees.
(2) Special service referred to in Paragraph
(1) consists of the following:
(a) Rebrass or repack cars set out by
other trains on account of hot boxes.
(b) Rerailing cars not in connection
with their own train.
(c) Fill water cars or tanks or thaw
out water tanks.
(d) Loading or unloading (1) company
ice; (2) material or supplies owned and for Company contractor;
except when handled the same as way freight no additional payment
shall be made. It is understood that if such items are handled
under waybill then no payment shall be made except where carloads
of ice are handled such as has been necessary ln the past on the
Third District, payment for handling such carload lots will be
made under Item (1). If ice is handled in less than carload lots,
then one waybill may cover the unloading as may be necessary at
more than one point if such points are properly designated on
the waybill. When ice is so handled in less than carload lots
and waybill is prepared as indicated, no payment shall be due
under Item (1).
This agreement shall become effective
December 1, 1955, and continue in effect until thirty (30) days
after written notice shall have been given, either by the Railway
Company or by the employees' representative signatory hereto of
a desire to cancel or amend it.
Signed at Portland, Oregon, this 1st day of November, 1955.
FOR THE EMPLOYEES
(Signed) S.W. HOLLIDAY, Chairman
Order of Railway Conductors &
Brakemen
FOR SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY
(Signed) E.H. SHOWALTER
General Manager
(1) It is hereby agreed that train and
engine service employees will not be required to call the dispatcher
for the purpose of receiving orders governing the movement of
trains and that train and engine service employees will neither
be required nor permitted to copy train orders governing the movement
of trains, other than in emergencies as herein defined.
(2) Emergencies as herein defined shall
include conditions resulting from causes such as casualties or
accidents, engines or equipment failures, wrecks, broken rails,
obstructions to tracks, washouts, tornadoes, storms, high water,
and slides, or unusual delays due to hot boxes or breakintwo
that could not have been anticipated by the dispatcher before
train departed from last previous train order office which would
result in serious delay to traffic.
(3) (a) When no emergency exists, as
above defined, an inquiry by train or enginemen as to the time
or location of another train or in connection with their work,
will not be considered a violation of this agreement when it does
not involve the transmission of train orders, messages of record,
reports or O. S. of trains.
(b) When a train has been delayed by
nonarrival of another train at meeting or passing point
for thirty (30) minutes or more, train dispatcher will be contacted
and if an emergency exists as defined in paragraph (2) hereof,
train orders may be copied for the movement of the delayed trains.
(4) Under this agreement it is permissible
for train and enginemen to obtain necessary authority to pass
automatic block or interlocking signal in stop position, it is
also permissible at a junction point where a telegrapher is not
now employed for train and enginemen on branch line trains to
obtain a check of trains, direct from the train dispatcher for
such trains as are due to arrive at such junction point after
branch line train has departed from the last train order office
before arrival at junction and under such circumstances train
orders may be copied covering movement from such junction.
This agreement shall become effective
February 20, 1942.
SPOKANE, PORTLAND AND SEATTLE
RAILWAY COMPANY SYSTEM LINES
(Signed) M. C. LABERTEW
Vice President & General Mgr.
Signed at Portland, Oregon, this 12th
day of February, 1942.
(Signed) C. E. STOUT, General Chairman
Order of Railroad Telegraphers
(Signed) B. N. ANDERSON, General Chairman
Brotherhood of Locomotive Engineers
(Signed) DON A. MILLER, General Chairman
Brotherhood of Locomotive Firemen &
Enginemen
(Signed) F. P. ALLEN, General Chairman
Order of Railway Conductors
(Signed) P. P. REIDY, General Chairman
Brotherhood of Railroad Trainmen
Memorandum of Agreement by and between
the Spokane, Portland and Seattle Railway Company and its employees,
as represented by employee Representatives, signatory hereto,
acting for and/or in behalf of such employees, relative to the
following arrangement for the Spokane, Portland and Seattle Railway
Company employees and the Northern Pacific Terminal Company employees
to perform service for their respective companies in the territory
between Wilson Street and up to, but not, except as otherwise
hereinafter provided, beyond Kittridge Avenue, Portland, Oregon.
It is understood and agreed that:
(A) There is attached hereto and made
a part hereof, as Exhibit A, a Spokane, Portland and Seattle Railway
Company Engineer's map to hereinafter locate and describe Kittridge
Avenue and Wilson Street, Portland, Oregon.
(B) That henceforth a dividing line
will be drawn from the point where the two (2) Main Line Tracks
cross Northern Pacific Engineer's Station 7455 plus 60 (Kittridge
Avenue), paralleling the said Kittridge Avenue and extending on
through to Willamette River, and that all of the industries now
existing, and any new industries that may be established later,
eastward (by timetable direction) and westward (by compass
direction) of said line, shall, except as otherwise hereinafter
provided, be served by Spokane, Portland and Seattle Railway Company
employees.
(C) That Spokane, Portland and Seattle
Railway Company employees shall hereafter handle the business
of the Spokane, Portland and Seattle Railway Company (which at
present includes the Great Northern Railway Company) in the plants
of the Gunderson Brothers Engineering Corporation, Kern &
Kibbe Company and Oregon Electric Steel Rolling Mills; except
that hereafter Northern Pacific Terminal Company employees may
handle business which at present includes business of the Northern
Pacific, Southern Pacific and Union Pacific Railroad Companies
in these same three (3) industries.
(D) That all of the industries now located
on the river side of the Main Line Tracks between Northern Pacific
Engineer's Station 7584 plus 68.8 H.B. SP&SNPT Crossover
(Wilson Street) and the dividing line at Station 7455 plus 60
(Kittridge Avenue) as described in paragraph (a) hereof, that
are now served by the aforesaid employees of the Spokane, Portland
and Seattle Railway Company, or the employees of the Northern
Pacific Terminal Company, as the case may be, shall continue to
be served by the aforesaid employees of the Company that is performing
the service as of the date of this agreement, and such employees
shall have a continuing right to perform the service in such industries.
The employees of the Spokane, Portland and Seattle Railway Company
and the Northern Pacific Terminal Company may perform the business
of their respective companies in any new industries established
on the River side of the Main Line Tracks between Station 7584
plus 68.8 (Wilson Street) and the dividing line at Station 7455
plus 60 (Kittridge Avenue).
This Memorandum of Agreement shall become
effective March 23, 1945, and shall remain in effect until either
party desiring to change same shall have given to the other party
thirty (30) days' notice in writing of such desire, or this Memorandum
Agreement may be cancelled or changed at any time by mutual agreement
between the signatory parties.
FOR SPOKANE, PORTLAND AND SEATTLE
RAILWAY COMPANY
(Signed) T. F. DIXON
Vice President & General Mgr.
FOR THE EMPLOYEES:
(Signed) E. HOLLISTER
Acting Assistant Grand Chief EngineerB.
of L. E.
(Signed) H. M. BARNEY
Vice President--O. R. C.
Also representing B. of L. F. &
E.
(Signed) G. D. HOUSER
Deputy President B. of R. T.
(Signed) B. N. ANDERSON
General Chairman--B. of L. E.
(Signed) C. T. FREEMAN
General Chairman--B. of L. F. &
E.
(Signed) A. BERGH
General Chairman--O. R. C.
(Signed) B. E. KENNELLY
General Chairman--B. of R. T.
MR. B. N. ANDERSON, General Chairman
Brotherhood of Locomotive Engineers
Portland 11, Oregon
MR. A. BERGH, General Chairman
Order of Railway Conductors
Portland 12, Oregon
MR. C. T. FREEMAN, General Chairman
Brotherhood of Locomotive Firemen & Enginemen
Portland 11, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
Portland, Oregon
Gentlemen:
Referring to my letter of July 20, 1946
and previous correspondence in connection with Willbridge Traveling
Switch Engine crew switching industry tracks between the Lutz
Marble Works and the connection at Willbridge:
After discussing this matter in conference
August 2nd, it was understood that any cars that necessarily have
to be handled on the old United Railways track that SP&S crews
will shove them into clear on United Railways track to be picked
up by the Oregon Electric Yard crew. Likewise, when any cars are
to be delivered from the old United Railways track to the SP&S,
they will be placed into clear on the United Railways track to
be picked up by SP&S crews.
This arrangement is now made possible
for the reason that the Oregon Electric crew is now using diesel
instead of electric power which permits switching all industry
tracks.
Will you kindly acknowledge your receipt
and acceptance of the above understanding.
Very truly yours,
(Signed) T. F. DIXON
Vice President & General Mgr.
Memorandum of Agreement by and between
the Spokane, Portland and Seattle Railway Company (System Lines)
and its employees, as represented by employee Representatives,
signatory hereto, acting for and/or in behalf of such employees,
relative to dispute involving performance of yard service at Willbridge,
Oregon as covered by National Mediation Board file No. C2113.
IT IS UNDERSTOOD AND MUTUALLY AGREED
THAT:
1. Based on present volume of cars handled
between Portland and Willbridge; also, switching of industries
and yard at Willbridge, the following assignments will be made
effective:
(a) Two Willbridge Tramp crews to go
on and off duty at Portland in road service. Such crews will be
automatically released upon arrival at Portland and may not make
a second trip to Willbridge during a tour of duty.
(b) Three Willbridge Tramp crews to
go on and off duty at Willbridge Yard Office, such crews to remain
in road service and may be used to make trips as necessary to
Lake Yard, also trips to Portland only as provided in Rule 19(b),
Trainmen's Schedule, and Rule 23, Enginemen's Schedule.
NOTE: The Railway Company may increase
or decrease the number of assignments indicated in Items 1(a)
and (b) as necessary to meet service requirements.
2. Members of assigned engine and train
crews and extra crews or extra men going on and off duty at Willbridge
will be allowed an arbitrary of forty (40) minutes at pro rata
rate for each tour of duty as a matter of equity for deadheading,
transportation and any other expense to such employees resulting
from changing the home terminal from Portland to Willbridge.
3. Conductors and trainmen assigned
to Willbridge Tramp crews are presently allowed yard rates under
provisions of a special agreement. Members of engine and train
crews assigned under Items 1(a) and l(b); also, extra crews or
extra men will be paid yard rates of pay when filling these Willbridge
Tramp Assignments.
4. Engine crews going on and off duty
at Willbridge will be paid an arbitrary allowance of fifteen (15)
minutes provided in Article XVII (c) of Enginemen's Schedule.
5. Terminal switching will not be allowed
enginemen under Article IX (a) of Enginemen's Schedule or trainmen
under Article X (a) of Trainmen's Schedule when crews going on
and off duty at Willbridge are required to make trips to Lake
Yard.
6. Crews assigned under Item 1(a) may
change engines at Willbridge in order that engines in service
at Willbridge may be returned to Portland for inspections and
servicing.
This Memorandum of Agreement, which
shall become effective July 6, 1953, is in full and final settlement
of dispute covered by National Mediation Board File No. C2113
and shall remain in effect until changed in accordance with the
procedure prescribed in the Railway Labor Act, as amended.
Signed at Portland, Oregon this 26th
day of May, 1953.
FOR THE EMPLOYEES:
(Signed) G. W. LANGE, Vice President
Order of Railway Conductors
(Signed) B. P. BENNETT, General Chairman
Order of Railway Conductors
(Signed) C. B. GWINN, Temp. Asst. Grand Chief Eng.
Brotherhood of Locomotive Engineers
(Signed) C. J. COUGHLIN, General Chairman
Brotherhood of Locomotive Engineers
(Signed) L. L. DRUCE, Vice President
Brotherhood of Locomotive Firemen
and Enginemen
(Signed) GLEN W. MURPHY, General Chairman
Brotherhood of Locomotive Firemen
and Enginemen
(Signed) H. E. NEVALA, Deputy President
Brotherhood of Railroad Trainmen
(Signed) B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
FOR THE CARRIER:
(Signed) E. H. SHOWALTER, General Manager
MR. L. C. MALONE, Vice President
Brotherhood of Railroad Trainmen
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
Portland, Oregon
MR. A. BERGH, General Chairman
Order of Railway Conductors
Portland, Oregon
Gentlemen:
During conference today we further discussed
request made in Messrs. Bergh and Kennelly's letter June 14, 1945
that Willbridge crews be paid yard rates instead of local freight
rates.
You advised that the statement made
in their letter reading, "We do not agree that this would
constitute a wage increase but would only reclassify the assignment"
meant as to rates of pay only.
Mr. Kennelly's letter March 13, 1947
added the Linnton Tramps to their original request for switching
rates, and Mr. Malone stated this was in error as only the Willbridge
crews are involved. Request on behalf of the Linnton crews was
withdrawn for the reason such crews switch only industry tracks
and do not make up or break up trains.
Mr. Malone stated that the request for
switching rates for the Willbridge crews was the only question
involved and the only matter he was authorized to handle.
You stated that the request for switching
rates was justified on the basis of switching service performed.
You were advised that local rates have
been claimed by and allowed crews on the Willbridge assignments
for in excess of twentyfive years also that assignments
have been made at local rates and all time claims have been adjusted
on a basis of local rates. Continuation of local rates would therefore
appear justifiable unless switching rates are to be considered
on a basis of equity only.
You stated that you were willing to
dispose of the request on a basis of equity and this is to advise
you that I will agree to establish switching rates for the Willbridge
assignments, provided:
1. There is no change in assignments
other than rates of pay.
2. The change in rates of pay will not,
in and of itself, be used to support claims from yardmen or roadmen.
3. Willbridge crews may be used to make
up and break up all trains, as well as placing cars in station
order, in addition to switching industry tracks, and in fact perform
all switching as instructed in their assigned territory.
4. There will be no objection to road
crews switching their pick up, or continue to perform any other
work they are now performing.
5. Road rules as to overtime, etc. will
continue in effect as to Willbridge crews, as the only change
to be made affects rates of pay.
The switching rates would be established
as follows:
Present Local Proposed
Rate Switching Rate
Conductor $10.51 $10.54
Brakeman 9.02 $10.02
It is understood that no time claims
have been made or are involved.
The proposed rates will be placed in
effect May 1, 1947 provided the above quoted conditions are acceptable
to you. If acceptable, please sign and return the original to
me, retaining copies for your files.
Very truly yours,
(Signed) E. B. STANTON
Vice President & General Mgr.
ACCEPTED AND AGREED TO:
(Signed) L. C. MALONE, Vice President
Brotherhood of Railroad Trainmen
(Signed) B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
(Signed) AUGUST BERGH, General Chairman
Order of Railway Conductors
MR. C. J. COUGHLIN, General Chairman
Brotherhood of Locomotive Engineers
Route 2, Box 869, Barnes Road
Gresham, Oregon
MR. GLEN W. MURPHY, General Chairman
Brotherhood of Locomotive Firemen and Enginemen
606 West 39th Street
Vancouver, Washington
MR. B. P. BENNETT, General Chairman
Order of Railway Conductors
6105 S. E. 23rd Avenue
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
308 Fenton Building
Portland 4, Oregon
Gentlemen:
Referring to your written and verbal
requests that the Carrier consider paying yard rates instead of
local freight rates to crews assigned to the socalled Linnton
Tramps.
The crews assigned to Willbridge Tramp
Service have been granted yard rates as a matter of equity. The
Carrier will apply yard rates to all personnel assigned to Linnton
Tramp Service effective July 6, 1953 as a matter of equity but
with the understanding that the change in rate of pay does not
in any way transfer such crews to yard service or change their
working conditions under road service agreements. It is further
understood that yard rates may be terminated and local rates restored
at any time subsequent to 30 days' written notice being served
by either party of the desire and intent to make such restoration.
Will you please acknowledge receipt
as well as your acceptance of provisions above stated.
Very truly yours,
(Signed) E. H. SHOWALTER
General Manager
Portland, Oregon
July 17, 1951
File: 1668b
MR. F. P. ALLEN, General Chairman
Order of Railway Conductors
4215 S. E. Washington
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
308 Fenton Building
Portland 4, Oregon
Gentlemen:
Reference is made to previous correspondence
involving the Sweet HomeLebanon Turn Around freight assignment.
During our conferences May 29 and 31,
1951, you stated the principal objection of employees, with respect
to establishing service with home terminal at Lebanon as outlined
in my letter May 29, 1951, was that many employees own their own
homes at Sweet Home.
During our conferences, you were advised
in 1942 there were only three points to switch between Sweet Home
and Lebanon and these points and industry tracks have now increased
to seventeen. There undoubtedly will be a further increase in
the number of points to be serviced and the time for switching
the various industry tracks will vary in accord with industry
operations.
After further consideration of the matter,
you were advised in conference July 11, 1951, the Management has
decided upon the following action in order to take care of this
particular operation:
Abolish present assignment Sweet HomeLebanon
Turn effective August 1, 1951.
Effective August 1, 1951, assignment
designated as Sweet Home-Lebanon Traveling Switch Engine, working
daily except Sunday, will be established.
Automatic release Rule 52 will not apply
at Lebanon but under this particular assignment will apply at
Sweet Home. Yard starting time rules shall not apply.
This is a road assignment and road rules
and allowances as now paid crews on the Willbridge Tramps will
apply, however, yard instead of road rates will be allowed.
Under this assignment, road crews may
continue to pick up, set out, or perform switching in territory
Sweet Home to Lebanon without penalty by reason of this assignment.
During our conference July 11, 1951,
you stated there was no objection to making the assignment of
Sweet HomeLebanon Traveling Switch Engine under conditions
outlined above.
Please let me have your confirmation
in order that assignment may be bulletined and established effective
August 1, 1951.
Very truly yours,
(Signed) E. B. STANTON
Vice President & General Mgr.
(Rule 52 referred to herein now appears
as Rule 54 in current schedule).
MR. G. W. BURBANK, Assistant Grand Chief Engineer
Brotherhood of Locomotive Engineers
Portland, Oregon
MR. M. P. REYNOLDS, Vice President
Order of Railway Conductors
Portland, Oregon
MR. W. P. KENNEDY, Vice President
Brotherhood of Railroad Trainmen,
Also representing:
Brotherhood of Locomotive Firemen and Enginemen
Portland, Oregon
Gentlemen:
Referring to your joint letter of August
18, 1939, addressed to Mr. M.J. Byrnes, Assistant to VicePresident,
Northern Pacific Railway, and Mr. J.C. Rankine, Assistant to VicePresident,
Great Northern Railway Company, in connection with the request
that Spokane, Portland and Seattle Railway Company schedules be
extended to the engine and train employees on the line purchased
by the Spokane, Portland and Seattle Railway Company, commonly
designated as the St. Helens Line.
Conferences were held at Portland, September
5 to 8, inclusive and September 18 to 20, inclusive, at which
conferences were present, representing the employees: Mr. G.W.
Burbank, Assistant Grand Chief Engineer, Brotherhood of Locomotive
Engineers, Mr M.P. Reynolds, Vice President, Order of Railway
Conductors (Mr Reynolds attended the conferences on September
5 and 6. He was then called out of town and delegated Mr. F.P.
Allen to represent him), Mr. W.P. Kennedy, Vice President, Brotherhood
of Railroad Trainmen, who acted in place of Mr. D.A. MacKenzie,
who signed the letter of August 18, 1939 to Messrs. Byrnes and
Rankine. Mr. Kennedy also represented the Brotherhood of Locomotive
Firemen and Enginemen; Mr. F.P. Allen, General Chairman, Order
of Railway Conductors, Mr. P.F. Reidy, General Chairman, Brotherhood
of Railroad Trainmen, Mr. B.N. Anderson, General Chairman, Brotherhood
of Locomotive Engineers, and Mr. B.J. Callahan, General Chairman,
Brotherhood of Locomotive Firemen and Enginemen.
The Railway Company was represented
by Messrs. J.C. Rankine, M.J. Byrnes, E.D. Kittoe, F.C. Wager
and A.E. Johnson.
The following is agreed to, which entirely
disposes of request that Spokane, Portland and Seattle Railway
Company schedules be extended to the engine and train employees
on what is commonly designated as the St. Helens Line:
(1) The provisions of the Spokane, Portland
and Seattle Railway Company schedules governing enginemen and
yardmen will be extended to men engaged in yard service on the
St. Helens Line with the following exceptions: It is understood
that as herein used the phrase "St. Helens Line" means
the industrial line from Cormick to the end of the track.
(2) A The following men will be placed
on a yard roster with seniority dates as herein shown on the St.
Helens Line and shall have prior and exclusive rights to such
yard service on the St. Helens Line when and if maintained.
1. C. H. Gaffney--March 21, 1933
2. Pete Gay--March 21, 1933
3. H. E. Freeland--November 20, 1934
4. G. L. Chickering--June 1, 1939.
B. The following men will be placed
on the Portland Division Engineers' and Firemens' rosters with
dates as herein shown, and shall have exclusive and prior rights
to yard service on the St. Helens Line when and if maintained.
Elber Brown--Engineer, March 21, 1933
Elber Brown--Fireman, March 21, 1933
H. Conners--Fireman, March 21, 1933.
Acceptance of service from that roster,
other than in yard service on the St. Helens Line while the St.
Helens Line yard assignment is in force, will constitute acceptance
of other service as hereinafter provided in Paragraph (3), and
their prior rights to yard service on the St. Helens Line will
thereupon cease.
It is agreed, however, that these men,
viz., Elber Brown and H. Conners, will not be permitted to perform
service on the Portland Division, except in yard service on the
St. Helens Line, until they have passed the required physical,
visual, oral, transportation rule, and mechanical examinations.
(3) When all of the men above named
have left the service or accepted service other than service with
the yard engine on the St. Helens Line, there will be no obligation
thereafter on the part of the Railway Company to maintain yard
engine service on the St. Helens Line.
(4) Men who, after the date of this
agreement, take service on the yard engine on the St. Helens Line,
will do so under the conditions of employment set forth in this
agreement.
(5) The starting time of yard crew on
the St. Helens Line may be changed without advance notice.
(6) There will be no arbitrary payment
made to the yard engine crew on the St. Helens Line for preparatory
and inspection service when such service is performed within their
assigned hours.
(7) Should the fireman assigned to the
yard engine on the St. Helens Line be required to perform engine
heating or engine watching service outside of the hours of his
regular assignment, he will be paid therefor for such service
actually rendered on a pro rata basis with a minimum payment of
one (1) hour.
(8) Except as herein otherwise provided
for, service performed by the yard crew on the St. Helens Line
before or after and continuous with the assigned work period will
be paid for on the basis of time and onehalf rate. Service
performed not continuous with the assigned work period will be
paid for on the basis of time and onehalf rate, with a minimum
of two (2) hours' payment at time and onehalf rate. Extra
service performed on Sundays and holidays will be paid for on
the basis of pro rata rate, but minimum payment for such service
shall not be less than four (4) hours at pro rata rate. If more
than four (4) hours' service is performed on Sundays or holidays,
a minimum of eight (8) hours pay at pro rata rate will be allowed.
(9) The engine crew and the yard crew
assigned to the yard engine on the St. Helens Line will continue
to perform work that is now done, such as conditioning cars, repairing
engines, etc., within the hours of their assignment without additional
compensation.
(10) When no service is performed on
the St. Helens Line because of interruptions to traffic, strikes,
etc., men assigned to that yard engine will not be paid for service
not rendered.
(11) Switching service on the St. Helens
Line may be performed by road crews either when yard engine is
on or off duty, without incurring penalty payments to men assigned
to the yard engine or to S. P. & S. roadmen.
(12) The operation of selfpropelled
cranes on the St. Helens Line by industries on that line may be
continued.
(13) Assignment of yard engine on the
St. Helens Line may be discontinued at the option of the Carrier,
when, after thirty (30) days after this agreement becomes effective,
the average hours devoted to switching on the St. Helens Line
is less than four (4) hours per day for fifteen (15) consecutive
days upon which service is performed, exclusive of Sundays and
Holidays. In the event the engine is discontinued because of the
amount of switching falling below an average of four (4) hours
per day for such fifteen (15) consecutive days, such engine will
be restored when, for a similar period of fifteen (15) consecutive
days, the average switching per day exceeds four and onehalf
(4½) hours. The employees will be advised when a check is
to be made covering the discontinuance of the engine. In the event,
after the engine is discontinued, the employees believe that an
average of four and onehalf (4½) hours per day switching
is being performed on the St. Helens Line, they will notify the
Superintendent and a check will be made covering a fifteen (15)
day period to determine whether the engine should be restored.
Switching on the St. Helens Line, under the provisions of this
paragraph, will include switching performed on that line both
by the yard crew and by road crews.
(14) The Railway Company will serve
the required sixty (60) days' notice of cancellation of the existing
agreement covering switching service on the St. Helens Line. Upon
the termination of such notice, or as much sooner as such cancellation
can be effected, the foregoing stipulations shall become effective,
but in any event, they shall become effective not later than December
1, 1939. In the meantime, there will be no change in rates of
pay and working conditions of the employees engaged in yard service
on the St. Helens Line.
FOR SPOKANE, PORTLAND AND SEATTLE
RAILWAY COMPANY
(Signed) W. C. SLOAN
General Manager
AGREED To:
(Signed) G. W. BURBANK
Assistant Grand Chief Engineer
Brotherhood of Locomotive Engineers
(Signed) F. P. ALLEN
Acting Vice President
Order of Railway Conductors
(Signed) W. P. KENNEDY
Vice President
Brotherhood of Railroad Trainmen
(Signed) W. P. KENNEDY
Vice President
Brotherhood of Railroad Trainmen,
Also representing
Brotherhood of Locomotive Firemen &
Enginemen
(Signed) F. P. ALLEN
General Chairman
Order of Railway Conductors
December 20, 1946
MR. A. BERGH, General Chairman
Order of Railway Conductors
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
Portland, Oregon
Gentlemen:
Referring to your joint letter of September
23, 1946 wherein you proposed consolidation of seniority rosters
covering employees on the Spokane, Portland and Seattle Railway
Company (Astoria) Division, St. Helens Yard and Astoria Yard:
A conference was held November l9th
to discuss your proposal, and in conference today we disposed
of the matter as follows:
Consolidation of rosters will be accomplished
by granting each employee in yard service at St. Helens and Astoria
a seniority date of January 1, 1947 as brakemen, in the order
of their seniority in yard service, these employees to follow
and be junior to Astoria Division brakemen who have established
seniority as of December 31, 1946.
Yard service employees referred to above
will therefor establish seniority and will be placed on the consolidated
roster in the following manner:
St. Helens Yard Brakeman
Gaffney, C. H. 32133 1147
Gay, P . 32133 1147
Freeland, H. E. 112034
1147
Astoria Yard
David, A. 11 342 1147
Killion, H. B. 7 543 1147
White, E. G. 4- 945 1147
St. Helens Yard
Rigdon, C. D . 5 645
1147
These yard service employees at St. Helens and Astoria shall have a prior right to such yard service at their respective points of employment when and if such yard service is maintained.
It was further understood that the provisions
of letter agreement dated September 20, 1939 covering St. Helens
Yard will remain in full force and effect.
After seniority rosters are consolidated
as herein outlined, yard service employees affected will establish
rights to road service in accordance with their seniority as brakemen,
and may exercise such rights in accordance with provisions of
the trainmen's schedule. They will be required to take the examination
as conductor after the last brakeman shown on the Astoria Division
seniority roster as of December 31, 1946 has been promoted, but
may remain in yard service in accordance with their prior rights
if they so elect. When these yard service employees exercise their
rights to road service, they may not exercise their prior rights
to return to yard service except by displacement rights or by
bidding in a yard assignment.
Subsequent to consolidation of seniority
rosters, Astoria Division trainmen will establish rights to service
in St. Helens and Astoria Yards, and such rights may be exercised
in accordance with the provisions of this agreement, but not in
conflict with prior rights established by yardmen.
Vacancies in positions of foremen and
helpers in yard service at St. Helens and Astoria will be filled
as follows:
Temporary Vacancies: After yard
employees who hold prior rights to yard service have exercised
such rights, foremen will be relieved by the senior available
qualified extra conductor, in accordance with the provisions of
Article 12, Rule 9 (b) and (c) of the trainmen's schedule, and
helpers will be relieved by the man first out on the trainmen
s extra list at Portland in accordance with Article 12, Rule 11
of the trainmen's schedule.
Vacancies other than temporary :
After yard employees who hold prior rights to yard service
have exercised such rights, foremen and helpers will be assigned
in accordance with Article 12, Rule 25 of the trainmen's schedule.
It is understood that this agreement
will continue in effect until terminated or amended in accordance
with provisions of the Railway Labor Act.
FOR SPOKANE, PORTLAND AND SEATTLE
RAILWAY COMPANY
(Signed) T. F. DIXON
Vice President & General Mgr.
AGREED To:
(Signed) A. BERGH, General Chairman
Order of Railway Conductors
(Signed) B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
122046
(Rule 9 referred to herein now appears as Rule 31).
(Rule 11 referred to herein now appears as Rule 32).
(Rule 25 referred to herein now appears as Rule 26).
Portland, Oregon
October 5, 1950
File 2369
MR. F. P. ALLEN, General Chairman
Order of Railway Conductors
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
MR. C. J. COUGHLIN, General Chairman
Brotherhood of Locomotive Engineers
MR. B. J. CALLAHAN, General Chairman
Brotherhood of Locomotive Firemen and
Enginemen
During the latter part of September
it was verbally agreed between each of you gentlemen and Assistant
Superintendent Monahan that the Management would be permitted
to establish a Pasco-Snake River switcher assignment primarily
to take care of the switching service at East Pasco.
This letter is to confirm our understanding
that there would be no claims made based on the application of
the automatic release rule account necessity of this assignment
to work in and out of Pasco in order to take care of the switching
service at East Pasco.
(Signed) E. H. SHOWALTER
Superintendent
It is hereby mutually agreed that Agreement
between the parties hereto dated February 7, 1948 governing the
selection of personnel for yard engines at Wishram, Washington
and Bend, Oregon, is terminated and shall not be made effective
in any way.
In lieu thereof, it is now further agreed,
that Agreement dated February 1, 1922 governing the selection
of personnel for yard engines at Fallbridge (Wishram) Washington,
and Bend, Oregon, is terminated effective February 14, 1948, and
thereafter the following shall govern these assignments:
It is agreed that: Effective February
15, 1948, yard assignments for Foremen and Helpers at Wishram,
Washington shall be filled by Conductors and Trainmen respectively,
who hold seniority on the Vancouver Division of the Spokane, Portland
and Seattle Railway Company and Oregon Trunk Railway. While working
in Yard Service at Wishram, employees shall be governed by Article
XIII to XXIII inclusive of schedule governing pay of employees
in Train Service. Permanent vacancies for Foremen and Helpers
shall be bulletined as provided in Memorandum of Agreement dated
January 13, 1947. Temporary vacancies for Foremen shall be filled
under Rule 9(b) and (c) of the Trainmen's Schedule and temporary
vacancies for Helpers will be filled in accordance with Rules
11 and 12 of the Trainmen's Schedule. Conductors and Trainmen
in road and Wishram yard service, when exercising seniority rights
in Wishram Yard, will do so under Rule 33(a) and (b) of Trainmen's
Schedule. Investigations shall be conducted under Rule 46, Article
XII of Schedule for Trainmen.
This Agreement, as it applies to Wishram
Yard, shall continue in effect subject to thirty (30) days' written
notice by either party of the desire to terminate it.
It is further agreed that the following
shall govern the selection of personnel for yard engines at Bend,
Oregon:
Effective February 15, 1948, the engines
then assigned, or which may thereafter be assigned to service
in Bend Yard, shall be manned by Conductors and Trainmen who hold
seniority rights on the Vancouver Division of the SP&S Railway
Company and OT Railway. Foremen to be selected from applicants
holding seniority rights as Conductors, Helpers from applicants
holding rights as Brakemen.
Assignments effective February 15, 1948
shall be bulletined to expire June 30, 1948. Thereafter assignments
shall be bulletined and assigned on July 1st and January 1st of
each year and awarded to the Senior Conductor and Trainmen making
written application therefor and who are qualified to perform
the duties of Foremen and Helpers, respectively, in an efficient
manner. The Superintendent shall be the judge of an applicant's
qualifications. New assignments made after the beginning of the
regular six months' period shall be bulletined and assigned for
the period expiring June 30th or December 31st.
While working in Bend Yard, employees
shall be governed by Articles XIII to XXIII inclusive of Schedule
governing pay of employees in Train Service. Permanent vacancies
for Foremen and Helpers shall be bulletined as provided in Memorandum
of Agreement dated January 13, 1947. Temporary vacancies for Foremen
shall be filled under Rule 9(b) and (c) of the Trainmen's Schedule
and temporary vacancies for Helpers will be filled in accordance
with Rules 11 and 12 of the Trainmen's Schedule. Investigations
shall be conducted under Rule 46, Article XII of Schedule for
Trainmen.
When the positions have been bulletined
and awarded, the men accepting cannot be displaced by senior men,
except as provided in Rule 56 of the Trainmen's Schedule, neither
can they vacate the assignments for the purpose of taking another
assignment during the period for which the assignment was awarded
them, however, any regular assigned man wishing to vacate his
assignment may do so but will be required to remain on the extra
board for the balance of the six month's period, and cannot bid
in or exercise seniority rights to any regular assignment during
this period.
After a Foreman or Helper has completed
the period of assignment in yard service for which he made application
and has been relieved, or when the assignment is discontinued,
he may displace any trainman his junior in service.
No deadhead time will be allowed, except
in the case of trainmen filling temporary vacancies who shall
be paid for deadheading as provided in Article XII, Rule 15 of
the current Trainmen's Schedule.
This agreement, which becomes effective
February 15, 1948 as it applies to Bend Yard, shall continue in
effect until either party serves not less than thirty (30) days'
written notice of the desire to terminate it at the end of any
six months' period.
It is understood that no provisions
of "Schedule for Yardmen" effective March 1, 1929,
shall apply either at Wishram or Bend Yards.
FOR SPOKANE, PORTLAND AND SEATTLE
RAILWAY Co., OREGON TRUNK RAILWAY
(Signed) E. B. STANTON
Vice President & General Mgr.
FOR ORDER OF RAILWAY CONDUCTORS
(Signed) F. P. ALLEN
General Chairman
FOR BROTHERHOOD OF RAILROAD TRAINMEN
(Signed) B. E. KENNELLY
General Chairman
Signed at Portland, Oregon, February
12, 1948.
(Rule 9 referred to herein now Rule 31)
(Rule 11 referred to herein now Rule 32)
(Rule 15 referred to herein now Rule 60)
(Rule 12 referred to herein now Rule 33)
(Rule 33 referred to herein now Rule 30)
(Rule 46 referred to herein now Rule 67)
(Rule 56 referred to herein now Rule
35)
Memorandum of Agreement January 13,
1947 now appears as part of Rule 28).
File: 1050
MR. B. N. ANDERSON, General Chairman
Brotherhood of Locomotive Engineers
Portland 11, Oregon
MR. A. BERGH, General Chairman
Order of Railway Conductors
Portland 12, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
Portland 5, Oregon
MR. C. T. FREEMAN, General Chairman
Brotherhood of Locomotive Firemen and Enginemen
Vancouver, Washington
Gentlemen:
Referring to conference held February
28, 1946 in connection with Train No. 361 performing service between
Vernonia and Keasey:
It was understood in conference that
Train 361 is now assigned to operate from Vernonia to Keasey and
return when necessary. You expressed no objection to continuing
the assignment on this basis, provided suitable arrangements could
be made as to compensation for the trip.
It was proposed, that in order to dispose
of this particular situation, and without prejudice to application
of schedule rules to a different set of facts, that the engine
and train crews be allowed 16 miles (actual miles Vernonia to
Keasey and return) as an arbitrary in addition to all other payments
for the trip, on dates train No. 361 is required to perform service
between Vernonia and Keasey. Under this arrangement crews would
be paid for switching at Vernonia, in addition to all service
performed (including the trip to Keasey) provided train 361 arrived
at Vernonia before being on duty 8 hours. If crew arrives at Vernonia
after eight hours on duty, then overtime would accrue for switching
and trip to Keasey. What is intended is to continue payment as
at present, plus an arbitrary of 16 miles.
I am agreeable to allowing an arbitrary
of 16 miles each day train 361 makes a trip to Keasey and that
crews be compensated for the trip in the foregoing manner, with
the understanding that such arrangement shall become effective
March 1, 1946 and there will be no claims of any nature by reason
of this service having been performed by train 361 prior to that
date.
If such an agreement is acceptable, it will be further understood that this letter agreement will terminate thirty (30) days after written notice has been served by either party to the other expressing a desire to terminate it.
Please advise if the conditions as herein outlined are acceptable.
Very truly yours,
(Signed) T. F. DIXON
Vice President & General Mgr.
November 26, 1948
MR. F. P. ALLEN, General Chairman
Order of Railway Conductors
4215 S. E. Washington
Portland, Oregon
MR. B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
308 Fenton Building
Portland, Oregon
Gentlemen:
Referring to our discussion November
19, 1948, with respect to assigning "Utility Helpers"
in Wishram Yard.
It was understood that one or more "Utility
Helpers" may be assigned at Wishram Yard, the hours of such
assignments to be established to meet yard requirements, and when
established, the hours may be advanced or set back at the Railway
Company's convenience.
The assignments of "Utility Helpers"
shall be filled by trainmen who hold seniority on the Vancouver
Division of the Spokane, Portland and Seattle Railway Company
and Oregon Trunk Railway. While working as "Utility Helpers"
at Wishram, employees shall be governed by Articles XIII to XXIII
inclusive of schedule governing pay of employees in Train Service,
except that provisions of Articles XVI and XVII shall not apply
to these assignments. Permanent vacancies for "Utility Helpers"
shall be bulletined as provided in Memorandum of Agreement dated
January 13, 1947. Temporary vacancies will be filled in accordance
with Rules 11 and 12 of the Trainmen's Schedule. Trainmen in road
and Wishram Yard service when exercising seniority rights in connection
with assignment of "Utility Helpers" will do so under
Rule 33(a) and (b) of Trainmen s Schedule. Investigations shall
be conducted under Rule 46, Article XII of Schedule for Trainmen.
It is further understood that when instructions
are issued by proper authority the Railway Company shall have
the right to make use of a utility helper to fill in as a third
helper on one or more engine assignments where the business may
require during the course of his day's work, also lining switches,
giving signals or performing any other of the routine duties of
a yard helper.
Utility helpers will submit time slips
covering their utility assignment at the yardman helper's rate.
It is also understood that assignments
of "Utility Helpers" may be terminated by the Company
at any time such assignments are no longer considered necessary,
except the last shift may not be terminated until thirty (30)
days' written notice is given General Chairmen by the Company
of the desire to terminate it.
Please acknowledge receipt, also your
approval and acceptance of assignments under conditions herein
outlined.
Very truly yours,
(Signed) E. B. STANTON
Vice President & General Mgr.
Accepted:
(Signed) F. P. ALLEN, General Chairman
Order of Railway Conductors
(Signed) B. E. KENNELLY, General Chairman
Brotherhood of Railroad Trainmen
(Rules referred to herein appear in
Schedule governing pay of employees in train service effective
April 1, 1925.)
(Rule 11 referred to herein is now Rule 32)
(Rule 12 referred to herein is now Rule 33)
(Rule 33 referred to herein is now Rule 30)
(Rule 46 referred to herein is now Rule
67)
(Memorandum of Agreement January 13,
1947 now appears as part of Rule 28.)
WHEREAS, a new yard office will be placed
in service by the Northern Pacific Railway Company on or about
June 15, 1955, to be designated as "Pasco Yard," located
2.9 miles east (time table direction) of the Northern Pacific
passenger station at Pasco, Washington;
NOW, THEREFORE, the parties signatory
hereto agree that:
(1) When the new Northern Pacific yard
office is placed in operation, SP&S road trainmen in freight
service will go on and off duty at "Pasco Yard" instead
of at Northern Pacific passenger station at Pasco, as at present.
(2) SP&S trainmen in through and
local freight service, with home terminal at Hillyard, Washington,
will be allowed 157 miles for the road trip between Hillyard and
Pasco Yard.
SP&S trainmen in through and local
freight service, with home terminal at Wishram, Washington, will
be allowed 128 miles for the road trip between Wishram and Pasco
Yard.
This agreement does not change the points
for calculating final terminal delay.
(3) Present calling practices will remain
in effect.
(4) SP&S road train crews in freight
service going on and off duty at Pasco Yard will be transported
between the Northern Pacific passenger station and Pasco Yard
at the beginning of each trip and between Pasco Yard and the Northern
Pacific passenger station at the end of each trip. Transportation
shall be safe, heated, comfortable, prompt and dependable. All
transportation costs will be borne by Spokane, Portland and Seattle
Railway Company.
(5) This agreement will remain in effect
until changed in accordance with the Railway Labor Act.
FOR SPOKANE, PORTLAND AND SEATTLE
RAILWAY COMPANY
(Signed) E. H. SHOWALTER
General Manager
FOR ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN
(Signed) S. W. HOLLIDAY
General Chairman
Signed at Portland, Oregon, this 7th day of June, 1955.
Portland, Oregon
October 7, 1955
It is agreed that the designated point
at each terminal where final terminal delay begins, is as shown
below:
Hillyard
- Semaphore on east end of double track, leading into west end
of Hillyard Yard, where final terminal delay has been computed
for several years.
Pasco (Westbound) - Yard limitboard.
(Eastbound)--A point opposite west
leg of wye switch.
Wishram (Westbound)--Switch east end of yard connecting with mainline.
(Eastbound from 1st Sub.)--Crossover switch 1730 feet west of depot connecting SP&S mainline with the Oregon trunk mainline.
(Westbound from O. T.)--Crossover switch
1730 feet west of depot connecting SP&S mainline with the
Oregon Trunk mainline.
Bend - West
yard limit board.
Vancouver-
Switch connecting yard lead with mainline at 8th Street.
Portland
- 21st Avenue lead connecting with SP&S westbound mainline.
Seaside
- East switch of passing track located about 300 feet east of
depot.
Vernonia
- First switch after entering yard limits, known as east switch
of storage track.
Albany - (Westbound) Most easterly mainlineyard track switch connection.
(Eastbound from Eugene)--Junction switch connecting O.E. mainline with Santiam Branch.
(Eastbound from Santiam Branch) Junction
switch connecting O.E. mainline with S.P. mainline.
Eugene -
Yard limit board.
(Signed) E. H. SHOWALTER, General Manager
SP&S Railway Co.
(Signed) S. W. HOLLIDAY, General Chairman
Order of Railroad Conductors and Brakemen
Portland, Oregon
May 14, 1945
File: 3656a
MR. A. BERGH, General Chairman
Order of Railway Conductors
3715 N. Gantenbein Avenue
Portland, Oregon
Dear Sir:
The Servicemen's Readjustment Act of
1944 (G. I. Bill of Rights) approved June 22, 1944, makes provision
for--
(1) Vocational rehabilitation, and
(2) Education and training
of certain persons who served in the
active military or naval service of the United States on or after
September 16, 1940, and prior to the termination of the present
war.
In order to protect the seniority of
employees represented by the Order of Railway Conductors who apply
for and receive vocational rehabilitation or education and training
as provided in the Servicemen's Readjustment Act of 1944, I propose
we agree that:
An employee released from training and
service under the Selective Training and Service Act of 1940 and
Public Resolution No. 96 of the 76th Congress as amended by public
Law 473--78th Congress, who makes application for reemployment
within ninety (90) days after being released from such training
or service or from hospitalization continuing after discharge
for a period of not more than one year, or an employee who has
returned to the service of the Railroad Company upon completion
of training and service under the foregoing legislation, who is
eligible for vocational rehabilitation or education and training
under the Servicemen's Readjustment Act of 1944, and who makes
application for leave of absence for the purpose of vocational
rehabilitation or education and training under that Act, will
be granted a leave of absence for the period he is engaged in
such vocational rehabilitation or education and training.
For your convenience this letter has
been prepared in duplicate, and I shall appreciate it if you will
indicate your approval by signing in the space provided, returning
one copy to me.
Yours truly,
(Signed) T. F. DIXON
Vice President & General Mgr.
Approved:
(Signed) AUGUST BERGH, General Chairman
Order of Railway Conductors
Memorandum of Agreement between the
Spokane, Portland and Seattle Railway Company (System Lines) and
Order of Railway Conductors and Brakemen, governing the use of
conductors and/or brakemen on selfpropelled machines.
1. A selfpropelled machine performing
work in the following territory under its own power and handling
no cars, will be manned by a conductor only:
Vancouver Division Vancouver to Fort Wright
Oregon Trunk Railway--Wishram to Bend
Terminals SubDivision Portland to Vancouver
Portland Division Willbridge to Bowers Junction
Oregon Electric Railway--Bowers Junction
to Albany
2. When a selfpropelled machine
handles not more than two cars while performing work in the territory
listed in the preceding paragraph, one brakeman will be provided
in addition to the conductor. If more than two cars are handled,
two brakemen will be provided in addition to the conductor.
(For the purpose of this agreement,
tenders and/or boom or idler cars, or cars on which equipment
or supplies are carried and used in lieu of boom or idler cars,
will be considered as part of the machine, and may be cut off,
coupled to, and/or moved by such machine without requiring use
of a brakeman. If such boom or idler car is used for the purpose
of loading or unloading other than equipment or supplies, such
boom and/or idler car will come under the provisions of paragraph
2 of this agreement.)
3. In the following territory, a selfpropelled
machine handling not more than four cars, will be manned by a
conductor only. If handling more than four cars, one brakeman
will be provided in addition to the conductor:
Vancouver Division - Lyle to Goldendale
Portland Division - United Jct. to Seaside
Bowers Jct. to Keasey
Oregon Electric Railway - Forest Grove Branch
Albany to Eugene
Albany to Dollar
4. It is understood that the provisions
of Paragraphs 1 and 3 are based on present density of traffic.
The parties agree that if and when there is any substantial change
in train service on any of the districts listed therein, which
would justify changing a particular district to the other paragraph,
the matter will be further negotiated.
5. For the purpose of this agreement,
a selfpropelled machine is one equipped for operation on
rails of standard railroad tracks; which has sufficient tractive
effort to propel itself and one or more standard railroad cars;
and which is not capable of being readily removed from the tracks
by the crew in charge. It is understood that this agreement applies
only to the following equipment presently in the service of this
Company: Locomotive Cranes, Burro Cranes, Weed Sprayer and Rail
Detector Cars. If, in the future, the Company puts in service
equipment which may fall within the specifications of this paragraph,
the matter of using train service employees on such equipment
will be negotiated.
6. Rail detector cars will be manned by one conductor and one brakeman (flagman).
7. If any of the territory set forth
in paragraphs 1 and 3 are taken out of service for a period of
twentyfour hours or more, this agreement shall not be applicable
during such period. This agreement shall apply for the calendar
day service is resumed.
8. Crews on selfpropelled machines
may operate in and out of switching districts where trainmen hold
seniority, without penalty payment.
9. This agreement becomes effective
April 1, 1955, and will remain in effect until changed or terminated
in accordance with the provisions of the Railway Labor Act.
SPOKANE, PORTLAND AND SEATTLE
RAILWAY (SYSTEM LINES)
(Signed) E. H. SHOWALTER
General Manager
ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN
(Signed) SHERMAN W. HOLLIDAY, Chairman,
General Committee of Adjustment
Approved:
(Signed) M. J. GATES, Acting Vice President
Order of Railway Conductors and Brakemen
Portland, Oregon, March 14, 1955.
Portland, Oregon June 7, 1955
File: 351a
MR. S. W. HOLLIDAY, General Chairman
Order of Railway Conductors and Brakemen
Wishram, Washington
Dear Sir:
During conference June 6, 1955, we discussed
the National Agreement of May 26, 1955, between carriers represented
by the various conference committees and the employees thereof
represented by the Order of Railway Conductors and Brakemen.
We agreed to apply that agreement to
employees of the Spokane, Portland and Seattle Railway Company,
Oregon Trunk Railway and Oregon Electric Railway Company, who
are represented by the Order of Railway Conductors and Brakemen,
in the following manner:
ARTICLE I -
(a) Road Freight Conductors and Trainmen
Effective June 16, 1955, the basic daily
rates of pay for conductors, brakemen and flagmen in road freight
service receiving road rates of pay shall be increased as follows:
Maximum number of cars
(including caboose) hauled Amounts to be added to the
in train in road movement at Basic Daily Road Freight
any one time on road trip Rates in effect as of June 15,
anywhere between initial 1955
starting point and point of Conductors, Brakemen and
final release Flagmen
Less than 81 cars $ .20
81 to 105 cars .55
106 to 125 cars .95
126 to 145 cars 1.20
146 to 165 cars 1.30
Add 20¢ for each additional block
of 20 cars or portion thereof.
NOTE: Where under existing rules or
practices on an individual carrier arbitraries or special allowances
are made by reason of the tonnage or the number of cars handled
in a train, such arbitraries or special allowances, or the amount
produced by the above table, whichever is the greater, shall apply,
but not both.
(b) Road passenger Conductors and
Trainmen
Effective June 16, 1955, an adjustment
of 20 cents will be made by adding that amount to the respective
daily rates of pay of conductors and trainmen in passenger service.
(c) In determining new hourly rates,
fractions of a cent will be disposed of by applying next higher
quarter of a cent.
Mileage rates shall be determined by
dividing the new daily rates by the miles constituting a basic
day's work in the respective classes of service.
Existing money differentials above existing
standard daily rates shall be maintained.
ARTICLE II
Basic daily rate for road conductors
who receive yard rates of pay will be determined by adding $1.10
to the basic daily rate paid road brakemen who receive yard helper
rate.
This shall be effective June 1, 1955.
ARTICLE III
Does not apply to these railroads.
ARTICLE IV
This agreement is in full and final
settlement of the dispute growing out of notices served by the
employees, party hereto, on or about March 15, 1949, and July
10, 1953, in accordance with Section 6 of the Railway Labor Act,
as amended, of intended changes in agreements affecting rates
of pay, rules and working conditions.
ARTICLE V
This agreement shall remain in effect
subject to notices served in accordance with Section 6 of the
Railway Labor Act, as amended.
Yours truly,
(Signed) E. H. SHOWALTER
General Manager
UNDERSTOOD AND AGREED:
(Signed) S. W. HOLLIDAY, General Chairman
Order of Railway Conductors and Brakemen