AGREEMENT

Between

THE COLORADO AND SOUTHERN

RAILWAY COMPANY AND

Its Employees

Represented By

UNITED TRANSPORTATION UNION

Effective September 1, 1980

 

 

FOREWORD

This book contains agreements between the Colorado and Southern Railway Company and the United Transportation Union representing trainmen, yardmen and yardmasters employed there-on categorized as follows:

Agreements dated November 1, 1957 and April 1, 1970, respectively, as amended.

Local Memoranda, Agreements, Bulletins, etc.

Special National Agreements, Arbitration Awards, etc.

The Road Conductors Agreement of November 1, 1957, the Trainmens Agreement of May 1, 1924 and the Yardmen and Yardmasters Agreements of April 1, 1970, are reproduced as in the original. Any rule herein that has been affected by local Memoranda or National Agreement has been annoted to show how it was affected. In the case of modification, that part of a rule that conflicts with the modification, has been deleted and the modification shown.

The Special National Agreements, Arbitration Awards, etc. are reproduced verbatim.

The material between the covers is intended to give employees the same finalized agreement that is contained in the original which is part of the files of the General Committee of Adjustment and the Colorado and Southern Railway. It is noteworthy to mention that regardless of how patent an agreement may be, the General Chairman is the only one endowed to place an interpretation in behalf of the organization.

The special National Agreements, Arbitration Awards, etc. are reproduced verbatim. The following:

(1) National Vacation Agreement effective April 1, 1949 and amendments.

(2) Mediation Agreement dated April 5, 1957 regarding paid Holidays, and

(3) Article VII - Cost of Living Adjustment

(4) Expenses Away From Home Article 11, Section 2, of the June 25, 1964 Agreement

are subject to constant changes and will be produced periodically on the property in the form of an insert.

Reference herein made to the former Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen and Switchmens Union of North America prior to January 1, 1969, as noted on various Memoranda, National Agreements, Arbitration Awards, will thereafter be known as the United Transportation Union, the representative organization of trainmen, yardmen and yardmasters employed by the Colorado and Southern Railway Company.

DEFINITIONS

The word "Trainmen" as used in this agreement, unless specifically qualified, refers to conductors, brakemen and flagmen (male & female) employed in road service.

The word "Yardmen" as used in this agreement, unless specifically qualified, refers to foremen, helpers, yardmasters (male & female) employed in yard service.

The term "Yardmasters" as used in this Agreement shall apply to positions having supervision under the terminal trainmaster or assisant terminal trainmaster.

The term"Assistant Yardmaster" as used in this Agreement shall apply to positions reporting to yardmasters.

 

PASSENGER SERVICE

There is no regular passenger service on the Colorado and Southern Railway at this time, therefore, rules and working conditions applicable to passenger service are suspended and held in abeyance until such time passenger service is restored. Rates of pay shall then be adjusted consistent with all increases as though passenger service had been maintained.

FREIGHT SERVICE

RULE 1 - BASIC DAY AND OVERTIME

(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.

(B) On runs of 100 miles or less overtime will begin at the expiration of 8 hours; on runs of over 100 miles overtime will begin when the time on duty exceeds the miles run divided by 12 1/2. Overtime shall be paid for on the minute basis, at the rate per hour of 3/16 of the daily rate.

RULE 1-A - RATES OF PAY

Note: Current Rates of Pay Schedules furnished by the Carrier.

RULE 2 - MORE THAN ONE CLASS OF SERVICE

Road 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 A-2 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 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 over time for the entire day or trip or adds to overtime other wise payable for hours required for the regular trip.

EXAMPLES FOR THE APPLICATION OF THIS PARAGRAPH A-2 ARE:

(a) A Trainman 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 theother class of road service, both payments to be at the highest rate applicable to any class of service performed.

(b) A Trainman 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 one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(c) A Trainman 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 one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(d) A Trainman 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 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) A Trainman 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 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. Lap-back 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 (See Rule 18)

3. Terminal switching and/or special terminal allowance rules.

RULE 3 - BEGINNING AND ENDING OF DAY

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. All advance- call time Rules are superseded, and the Management may designate the time for reporting for duty.

RULE 4 - TURN-AROUND TRIPS

Trainmen in pool or irregular freight service may be called to make short trips or turn-arounds with the understanding that one or more turn-around trips may be started out of the same terminal and paid actual miles, with minimum of 100 miles for a day; provided (1) that the mileage of all the trips does not exceed 100 miles, and (2) that men shall not be required to begin work on a succeeding trip out of initial terminal after having been on duty 8 consecutive hours, except as a new day, subject to the first-in and first-out rule or practice.

Question 1. Must the crew actually leave the terminal before the expiration of eight 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 eight hours from going on duty on initial trip.

Question 2. In operating turn-around service under this section, may crews be turned at a terminal out of which other crews operate?

Decision: Yes.

Question 3. Where crews are called for turn-around service in what territory may they be used?

Decision: They may be used in either or both directions out of the initial terminal in territory where it is permissible to use them for other than short turn-around trips.

Question 4. Does this section apply to crews in pusher and helper service, mine run, work trains, wreck trains?

Decision: No.

RULE 5 - TURN-AROUND TRIPS - FAR TERMINAL

(A) Train crews will not be required to make more than one turn-around trip out of any away-from-home-terminal and return to that terminal.

A turn-around trip would include any service where a train crew would leave the away-from-home-terminal and return to that terminal.

A train crew that has made a turn-around trip will stand first out for deadheading to the home terminal and may be used to aggregate (short rested) to home terminal if in the opinion of the operating officer the crew has ample time to make the trip within the Hours of Service Law. Such crews having made a turn around trip will not be called again for turn-around service unless no other crew is rested and available for the turn-around trip. (as amended 4-1-84)

(B) Crews who may be run around in the application of the fore-going will not be paid for such runarounds.

RULE 6 - EMERGENCY SIDE OR LAP-BACK TRIPS

(A) When a crew is required to make an emergency side or lap-back trip between their terminals within the scope of Supplement 25, miles made will be added to the mileage of the regular trip and paid for on continuous time basis.

(B) Crews required to make lap-back trips, except in emergencies, will be paid 100 miles in addition to the mileage or the trip. It is also agreed that chain gang crews required to make side trips, except in emergencies, will be paid 100 miles in addition to the mileage of the trip, unless, before they

leave the terminal they are notified that they will make the side trip. When crews are allowed 100 miles in addition to mileage of the road trip for making lap backs or side trips, time consumed in making the lap-back or side trips will be deducted from the total time on duty if overtime is involved. Crews required to double hills will not be considered as making lap back trips.

RULE 7 - EMERGENCY SHORT TRIPS

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 8 - DOUBLlNG HILLS

When crews are required to double hills or required to push another train up the grade and return, they shall be allowed extra mileage made, mileage to be added to the mileage of the trip. Applies to all classes of service.

RULE 9 - SWITCHING OR LOADING STOCK AT TERMINALS

Trainmen will be paid for loading, unloading stock or switching at terminals in excess of mileage made on the trip, should the time consumed be more than fifteen minutes; full crew to be used in this service.

EXAMPLES

(A) Required to report at A, 7 A.M., switches at A 7 A.M, to 7:15 A.M.; leaves A at 7:15 A.M. and runs to B, 100 miles; arrives at B, 2:45 P.M., switches 15 minutes; relieved at B, 3 P.M.

Compensation: 100 miles.

(B) Required to report at A, 7 A.M.; switches at A 7 A.M. to 7:30 A.M.; leaves A at 7:30 A.M. and runs to B, 100 miles; arrives at B, 2:25 P.M.; switches 35 minutes; relieved at B, 3 P.M.

Compensation: 100 miles plus 30 minutes switching at initial terminal and 35 minutes switching at final terminal at pro rata rates.

(C) 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.

(D) 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 1 hour overtime at one and one-half time.

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 I hour 20 minutes road overtime at 3/16 of the daily rate per hour, because the money value of the pro rata allowance and the money value of the road overtime at 3/16 of the daily rate are equal.

 

(F) 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 rates.

NOTE: In calculating the time engaged in switching under the rules, regulations or practices, time will be continuous from the time required to report for duty until switching is completed and train is coupled together, except for necessary time for turning on the wye at Fort Collins, will be added to the time consumed in switching when Fort Collins is the terminal.

RULE 10 - INITIAL TERMINAL DELAY - FREIGHT SERVICE

(A) Initial terminal delay shall be paid on a minute basis to conductors and trainmen in freight service for all time in excess of seventy-five (75) minutes computed from the time of reporting for duty up to the time the train leaves the terminal at one-eighth (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 an its road trip from the yard track where the train is first made up.

(B) 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.

(C) 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 seventy-five (75) minutes after which initial terminal delay payment begins.

(D) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.

(E) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.

(F) The following understanding applies to crews whose trains depart from the new North Siding at Trinidad for destinations south of Trinidad:

Initial terminal delay shall be paid on a minute basis to crews in through freight service after one (1) hour and thirty (30) minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the siding. Crews taking trains from the North siding at Trinidad to Texline will be allowed 143 miles with overtime beginning after eleven (11) hours and twenty six (26) minutes.

RULE 11 - FINAL TERMINAL DELAY - FREIGHT SERVICE

(A) Terminal delay at end of run will be paid for on a minute basis, fifteen minutes or less not to be counted, over fifteen minutes, total minutes will be counted, except at Pueblo. Terminal delay at pueblo will be paid for on a minute basis, thirty minutes or less not to be counted, over thirty minutes, total minutes will be allowed. To apply to crew as a unit.

(B) 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.

(C) 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 over-time commences will be allowed on the basis of the pro rata rates, but time thereafter shall be paid on the actual minute basis at 3/ 16 of the daily rate.

(D) In freight service where train arrives at designated main track switch (switch connection with yard where train leaves the main track) or semaphore governing same, and other trains arrive and stand behind waiting to get into yard, final terminal delay will be computed for all trains which are so held within yard limits. A train has reached the designated main track switch when it has reached the semaphore or signal governing the switch, if held against the train.

EXAMPLE:

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, 3:20 P.M.

Compensation: 100 miles plus 1 hour final terminal delay at prorata rates for period until overtime commences, and for the time thereafter, 20 minutes final terminal delay at 3/16 of the daily rates per hour.

The agreed upon locations where final terminal delay begins areas follows:

DENVER Ft. Collins and Clear Creek District trains eastbound will begin at Prospect (Mile Post 1.016).

FT. COLLINS - From Denver. First switch leading from main line to yard at Mountain Avenue (Mile Post 74.174).

From Greeley: First switch connecting with West Yard (Mile Post 74.436).

GREELEY - From Ft. Collins: South wye switch (Mile Post 98.26).

CHEYENNE JCT. - From Denver: Switch leading from Ft. Collins Subdivision main line to Wyoming Subdivision main line, known as the north wye switch (Mile Post 119.305). From Guernsey: First switch leading from main line to yard (Mile Post 120.457).

GUERNSEY - First switch leading from main line to yard (CB&Q Mile Post 95.312).

PUEBLO - First switch leading from main line to yard at 4th Street (AT&SF Mile Post 619, plus 342.8 feet).

Note: C&S northbound freights, after departing Minnequa, or held at Missouri Pacific crossing on instructions of Yardmaster or Chief Dispatcher, or held at Pueblo Junction by signal account other trains being in the block between Pueblo Junction and the train yard, terminal delay time for such trains will apply from time such trains are stopped for above reasons. (See Trainmen's Case 1499).

TRINIDAD - From Pueblo: First switch leading from main line to yard (Mile Post 208.08). From Texline: First switch leading from main line to yard (Mile Post 213.96).

TEXLINE - First switch leading from main line to yard (Mile Post 347. 136).

RULE 12 - FORT COLLINS

(A) Crews tied up at Fort Collins when making one or more short turnaround trips on the branches out of Fort Collins or the main line north or south within a radius of 25 miles and not exceeding eight hours, are to be paid one day and if such crew is continued north or south of Fort Collins to final terminal, a new day begins upon leaving Fort Collins, it being the understanding that such crews are not to be run-around crews tied up at Fort Collins, if their rest period is up.

(B) Crews leaving Denver or Cheyenne with running orders to Cheyenne, Denver or Greeley, if thru emergency such as washouts, snow blockades or serious wrecks occurring after passing Fort Collins it is necessary to return them to Fort Collins to tie up, continuous time only will be allowed.

(C) Crews required to perform Fort Collins yard work independent of switching their own trains, either before or after road trip, will be paid a minimum of one day for such service in addition

to road trip.

(D) When Greeley or Cheyenne is the initial terminal, Fort Collins will not be considered a terminal for a crew on a southbound trip.

note: superseded by Article V of Oct. 31, 1985 National Agreement

(E) Crews making Denver Fort Collins double will not be permitted to run around other crews laying at Fort Collins, unless such crews are tied up for rest under Federal Law.

RULE 13 - CHEYENNE SWITCHERS

Section 1. Switching assignments established in Cheyenne Yard will be manned by conductors and brakemen subject to bulletin rules of the respective Agreements, except as otherwise provided in this rule.

Section 2. Cheyenne switching assignments may be assigned to work 6 or 7 days per week at the Carrier's discretion. Bulletins establishing the assignments will specify the number of days per week the assignments shall work and if six days will specify the rest day.

Section 3. Conductors and brakemen assigned to Cheyenne switching assignments will be paid yard foreman and yard helper rates, respectively.

Section 4. Cheyenne switching assignments will have an as signed starting time with the understanding that the starting time may be advanced up to two hours or set back up to two hours on any shift upon proper notice to the crews.

Section 5. It is agreed that Wyoming District road crews will not perform any switching in Cheyenne Yard except in connection with cars to be handled in their own train during the time that switch crews are not on duty.

It is further understood Wyoming road crews can switch out defective cars from their own trains regardless of when discovered. This to apply to Ft. Collins District crews when assigned switch crews are not on duty.

Section 6. If conditions are such that switching diminishes to the extent two assignments are not necessary, a joint study will be conducted, for a period of seven consecutive days, of the assignment the Carrier proposes to discontinue. If the joint study indicates there is an average of less than four hours switching within a spread of ten hours, the assignment may be abolished.

Section 7. If the Organization petitions for re-establishment of the assignment previously abolished, a joint study will be conducted for a period of seven days to determine if road crews are switching an average of four (4) hours per day in the ten-hour period following the end of shift of the remaining assignment.

If the joint study indicates there is an average of mare than four (4) hours switching by road crews, within 10 hours for seven consecutive days, the assignment will be reestablished.

Section 8. In case the Carrier desires to abolish the last switching assignment in Cheyenne Yard, the procedure outlined in Section 6 will be followed. For re-establishment of the assignment the principles outlined in Section 7 will apply.

Section 9. Crews can be used to help trains, Cheyenne to Silver Crown, without additional compensation. Not less than a minimum day at road rates will be paid, in addition to their yard day, if run north of Silver Crown in helper service, or if used north of Cheyenne.

in other than helper service. Crews will not be used in other road service than helper service, when road crews are available. If so used, the crews available will be considered as having been run around.

Section 10. When car snow plow is moved from Cheyenne to Speer without train crew, Cheyenne Yard conductor on duty will be called to act as pilot and paid actual time between Cheyenne and Speer at pro rata rate with a minimum of 25 miles for round trip.

Section 11. If it is necessary to help an eastbound freight train from Cheyenne to Speer, one of the Cheyenne switching assignments may be used for this purpose. The switcher crew so used will be allowed actual time consumed on the trip Cheyenne to Speer and return with a minimum of one hour at pro rata in addition to other allowances for that tour of duty. There will be no penalty claims submitted by Ft. Collins trainmen by reason of using the Cheyenne crew in this helper service.

RULE 14 - LEADVILLE-CLIMAX

This assignment includes all switching in Leadville Yard and Climax.

The Leadville-Climax assignment shall consist of not less than one conductor and one brakeman.

For rights to seniority on this assignment see Appendix 17.

RULE 15 - WORK, WRECK AND SNOW PLOW SERVICE

(A) Trainmen used in work, wreck and snow plow service will be paid on an hourly basis, with a minimum of eight (4) hours, and overtime after eight (4) hours.

Work, wreck and snow plow trains operating partly within yard limits and partly on the road adjacent to such yard limits will be manned by road trainmen. This also applies to rail detector car, Woolery weed burners and self-propelled machines.

(B) When necessary to use conductor or brakeman as rotary pilot he will receive pay for actual time performed in such service with minimum of one (1) hour at his regular rate, in addition to his regular pay, while performing service as one of the train crew; the Company will endeavor to have a pilot on rotary entirely apart from the train crew.

(C) When trainmen enroute are used in work train or snow plow service on account of floods, washouts, snow storms or slides, or when trainmen enroute are delayed by such conditions, time to be computed as follows:

For the first sixteen (16) hours of each twenty-four (24) hour period crews will be allowed two hundred fifty (250) miles. Should miles run exceed two hundred fifty (250) or hours worked exceed sixteen (16) in any twenty-four (24) hour period, actual miles or hours will be allowed. If service is resumed during the first sixteen (16) hours of any twenty-four (24) hour period, time will be computed continuously from end of previous twenty-four (24) hour period. Twenty-four (24) hour periods to begin at time crew was ordered to report for duty at initial terminal.

The last eight (8) hours of each twenty-four (24) hour period may be deducted.

This also to apply to crews sent out for exclusive snow plow service.

This Paragraph (C) not to apply to regular work or wreck trains.

EXAMPLES

(1) Crew reports for duty at A (initial terminal) at 10:00 A.M., November 4th, runs to C, an intermediate point, and held at C, 4:00 P.M. November 4th to 10:00 A.M., November 5th. Leaves C at 10:00 A.M., November 5th, arrives at terminal at 11:00 P.M., November 5th.

Crew paid: Miles

10:00 A.M., Nov. 4th to 10:00 A.M., Nov. 5th .......................................................... 250

10:00 A.M., Nov. 5th to 11:00 P.M., Nov. 5th ......................................................... 194

TOTAL ..................................................... 444

(2) Crew reports for duty at A (initial terminal) at 1:00 P.M., January 2nd, arrives at E, an intermediate station, and is tied up at 1:00 A.M., January 3rd, remains at E until 2:00 P.M., January 6th at which time crew starts on trip and arrives at terminal at 2:00 A.M., January 7th.

Crew Paid: Miles

1:00 P.M., Jan. 2nd to 1:00 P.M., Jan. 3rd ................................................................ 250

1:00 P.M., Jan. 3rd to 1:00 P.M., Jan. 4th ................................................................. 250

1:00 P.M., Jan. 4th to 1:00 P.M., Jan. 5th ................................................................. 250

9

1:00 P.M., Jan. 5th to 1:00 P.M., Jan. 6th ................................................................. 250

1:00 P.M., Jan. 6th to 2:00 A.M., Jan. 7th ................................................................ 194

TOTAL ......................................................................... 1194

(3) Crew reports for duty at A (initial terminal) at 6:00 A.M., July 8th, tied up at D, an intermediate station, at 9:00 P.M., July 8th, used on work train at washout or slide 6:00 A.M., July 9th to 6:00 P.M., July 9th, tied up at 6:00 P.M., the 9th to 6:00 A.M., July l0th, lays at D performing no actual service until 6:00 A.M., July 11th, runs D to terminal on July 11th, leaving D at 6:00 A.M., arriving at terminal at 1:00 P.M.

Crew paid: Miles

6:00 A.M., July 8th to 6:00 A.M., July 9th ................................................................. 250

6:00 A.M., July 9th to 6:00 A.M., July 10th ............................................................... 250

6:00 A.M., July 10th to 6:00 A.M., July 11th ............................................................. 250

6:00 A.M., July 11th to 1:00 P.M., July 11th .............................................................. 100

TOTAL ............................................................................... 850

RULE 16 - HELD AT OTHER THAN HOME TERMINAL

(A) 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 twenty-four 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 twenty-four hour period, and similarly for each twenty-four hour period thereafter.

(B) Should a 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.

Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent service or deadheading.

(C) 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 17 - MEAL ALLOWANCES

(A) The meal allowance provided for in Article If, Section 2, of the June 25th, 1964 National Agreement, as amended, is shown on the current wage rate sheet.

(B) Trainmen will be allowed an additional meal allowance when held at away from home terminal in excess of twenty-seven (27) hours.

RULE 18 - DEFINITION LOCAL OR WAY FREIGHT

(A) Trains loading or unloading way freight, doing station switching, filling water cars, watering section houses, extra gangs, concrete outfits, depots or unloading supplies from company supply car, or re-railing cars which were not in their train or derailed by such crew, will be considered

local or way freight trains. Local work will be confined to regular local trains as far as possible. This

does not apply to through or irregular freight trains picking up or setting out tonnage enroute, provided cars picked up or set out do not have to be spotted by such train for loading or unloading. Spotting stock cars at stock chutes by trains handling such cars into the station is not to be considered local work under this Article.

(B) Crews making a straight shove in placing empties at coal mines for loading or picking up loads at such mines without switching will not be considered local. If more than three switches at one mine are required in performing mine service, local rate will apply.

(C) Crews required to load or unload ties, posts, cinders, bridge or other company material unless in case of extreme emergencies such as wash-outs, burned bridges, or similar causes, will be paid as per Paragraph (A). This paragraph not applicable to exclusive work train service.

D) When necessary for crews to pull empty cars from chutes or do other switching in connection with placing cars on chutes for unloading, same will be considered local work, but in cases where it is only necessary for the crew handling coal into stations where coal chutes are located, setting same direct on chutes for unloading without pulling empty cars from chutes, same is not to be considered local work.

(E) Regularly assigned local crews, when used in other service on days the local is scheduled to run, will be paid the local rate.

RULE 19 - GUARANTEE OF REGULARLY ASSIGNED WAY FREIGHT, ETC.

(A) Regularly assigned way freight, beet runs, coal runs, 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 eight 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) Crews may also be used in any other service to complete guarantee when for any reason regular assignment is not worked, 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 20 - HOURS OF SERVICE

(A) Under the laws limiting the hours on duty, crews in road service will not be tied up unless it is apparent that the trip cannot be completed within the lawful time; and not then, until after the expiration of fourteen hours on duty under the Federal Law, or within two hours of the time limit provided by State laws, if State laws govern.

(B) If road crews are tied up in a less number of hours than provided in the preceding paragraph, they shall not be regarded as having been tied up under the law, and their services will be paid for under the schedule.

(C) 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.

(D) A continuous trip will cover movement straightaway or turn around from initial point to the destination train is making when ordered to tie up. If any change is made in the destination after the crew is released for rest, a new trip will commence when the crew resumes duty.

(E) Road crews tied up under the law will be paid the time or mileage of their schedule from initial point to tie-up point. When such crews resume duty on a continuous trip, they will be paid miles or hours, whichever is the greater, from the tie-up point to the next tie-up point, or to the terminal. This article does not permit crews to be run through terminals unless such practice is permitted under their schedule.

(F) Road crews tied up for rest under the law, and then towed or deadheaded into terminal, with or without locomotive or caboose, will be paid therefor as per Paragraph (E), the same as if they had run the train to such terminal. However, if such crews are towed or deadheaded before having been tied up eight hours they will be paid continuous time from time going on duty until arrival at the terminal.

(G) When a train crew is sent out to bring in a train tied up under the Sixteen Hour Law, such crew will be understood as having done its day's work.

(Note: Amended by Public Law 91-169).

RULE 21 - RELEASE BETWEEN TERMINALS

(A) Trainmen will not be relieved between terminals of runs, except in cases of extraordinary delays. If the actual delay is less than twenty-four hours, continuous time will be allowed from commencement of trip on which the delay occurs.

(B) This provision shall not apply to work train, wrecking, and snow plow service.

(The construction of this rule will be that trains are to be tied up only in case of serious wrecks, washouts, or other causes which make the movement of trains impossible, or as provided in Hours of Service Rule 20.)

RULE 22 - CALLED AND NOT USED

When trainmen are called and for any reason they do not go out, and they are held on duty less than four hours, they shall be allowed fifty miles and stand first out; if more than four hours, they shall

be allowed one hundred miles and stand last out.

Note: If a crew is called and after reporting for service circumstances arise which will not permit the crew to immediately go out, they will be notified at that time that they are either released from service or are recessed and will again be called. If they are notified that they are released, they will be paid under the provisions of this rule and when called again, it will start a

new day. If they are notified that they are recessed, it will be understood that they are still in service and will be paid continuous time from the time reporting for service until they are finally released. (Case 1197).

CALL CANCELLED

In case a call is cancelled before a trainman reports for duty, no compensation will be allowed.

 

REPORTING FOR DUTY

In assigned 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 de-

ferment may be made. In such cases the time of the trip or tour of duty shall begin at the time the employee 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, existing rules or practices are not changed or affected by this rule.

Note: See Appendix 15,

RULE 23 - DEADHEADING

(A) Trainmen deadheading account company business on freight trains will be paid actual miles, but no overtime. Not less than eight (8) hours will be allowed for any deadhead trip where deadhead trip and waiting for duty consumes more than 24 hours, except that trainmen going on duty at end of deadhead trip within 24 hours shall only be allowed actual miles. First crew out will deadhead, second crew out will run train. On arrival at terminal, crews will stand in the same order as when deadheading started.

(B) Deadheading under the provisions of this rule shall pay actual highway miles at full rate of pay of class of service deadheaded to or from if other than rail transportation is used and actual

rail miles if deadhead is made on freight train. In addition, when use of private automobile is properly authorized, the prevailing mileage allowance will be allowed according to Official State highway charts.

(C) No deadhead time will be allowed trainmen deadheading on account of a new assignment or seniority rights.

RULE 24 - LIGHT RUNS

Light runs with locomotive and caboose will be paid at regular rates, full crew to be used.

RULE 25 - FIRST IN FIRST OUT

(A) Chain gang crews shall be run first in, first out, in respective service on their respective districts. Extra men to be handled in the same manner, with the exception as to coal runs and runs carrying passengers.

Crews or individual trainmen called to deadhead will be called to go on duty at the same time as the road crew. Rule 10 does not apply.

(B) Trainmen not called to leave in their turn, and are run around, shall be placed in their turn, if it can be done, on the next trip. If they cannot be placed in their turn, they shall be allowed fifty miles, provided they were called within eight hours from the time they were run around. If not called within eight hours, they shall be allowed one hundred miles. Trainmen that have been run around shall stand first out until called. Trainmen are not run around when they take the trains called for, or when held under the Federal Hours of Service Law.

(C) 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.

RULE 26 - CALLING TRAINMEN

(A) Trainmen will be called by caller who will be provided with a book in which the men called shall sign their names, showing the time they were called, unless trainmen are called by telephone, in which case, trainmen shall answer personally, and caller shall make proper record. The district within which trainmen will be called will be established by the Superintendent.

(B) Trainmen will be called two hours, as nearly as practicable, before required to report for duty.

RULE 27 - DISTRICT RIGHTS

(A) Trainmen will hold equal rights in passenger and freight service on their respective districts.

(B) All New Mexico District freight runs will be considered preferred runs and freight trainmen on this district will not be called to run on the Trinidad District, except in cases of emergency.

RULE 28 - HELPER SERVICE PUEBLO HELPER DISTRICT

(A) A helper district is established for the purpose of helping trains between Pueblo and Cedarwood, with home terminal at Pueblo.

(B) One conductor will be assigned to work on each assignment in this helper service.

(C) Where more than one conductor is assigned to helper service the bulletins establishing the assignments will specify the time periods in which conductors will be subject to duty.

Example:

Helper Assignment No. 1

Conductor subject to call for duty between 6:00 a.m. and 6:00 p. m.

Helper Assignment No. 2

Conductor subject to call for duty between 6:00 p.m. and 6:00 a. m.

It is understood that if conductors are not called for duty in the first four hours of their assigned hours, they will automatically go under pay at the expiration of the fourth hour, but will not go on duty until called to go on duty.

(D) Conductors assigned to helper service will be paid the rate allowed crews making turns south of Pueblo as such rate applies to conductors.

(E) Conductors in assigned helper service may be used to make one or more helps on a continuous time basis, provided that any trip starting out of terminal after the expiration of eight (8) hours from time required to report for duty on initial trip, or after helper crew has made one hundred (100) miles shall be paid for on the basis of a new day.

(F) Conductors assigned to helper service shall be allowed a minimum of one hundred (100) miles for each date on which no helper service is begun.

(G) Final terminal delay will not be paid assigned helpers except when one hundred (100) miles or more are made.

(H) Conductors in assigned helper service used in other than helper service shall be allowed a minimum day therefor at the rate and under the rules governing the service performed, but such miles or hours in other service shall not be used in computing overtime in helper service.

(I) Helper assignments will not be considered as having a mile age component and the assigned conductor, if qualified, will receive holiday payment in accordance with Article I of the June 25, 1964, Agreement as revised.

(J) Temporary vacancies on helper assignments will be filled by extra conductors from Trinidad, who will be allowed deadhead pay (mileage allowance if their personal automobile is used) and Away From Home Expenses in accordance with Article 11 of the June 25, 1964 Agreement as revised, if eligible for those allowances.

(K) 1. Effective October 22, 1979, the Pueblo Helper Assignments will be advertised to conductors for ten (10) days. The advertisement will specify that the successful bidders will be assigned to the positions until June 14, 1980.

2. Each June 1st, in subsequent years, the Pueblo Helper Assignments will be advertised for a period of ten (10) days with assignments to be effective June 15th of each year until June 14th of the following year.

3. Applications will be received from promoted conductors on the entire seniority district, and the senior conductors applying for the conductors' vacancies will be assigned to the positions for the period of the assignments and will not be permitted to vacate the assignments, nor may they be displaced from the assignments unless they can no longer hold any position including extra boards as brakemen-yardmen on the entire seniority district.

4. If no applications are received for a conductor's vacancy on a Pueblo Helper assignment, the junior demoted conductor(s) working at or out of Trinidad will be assigned to the vacancy, or vacancies. He (they) will then hold the assignment until June 14th of the following year unless a junior demoted conductor is working at or out of Trinidad and he desires to displace the junior demoted conductor at Trinidad. In that case, the junior demoted conductor at Trinidad must assume the assignment at Pueblo under the same conditions.

(L) This Agreement is no guarantee that the Carrier will continue the Pueblo Helper Service in perpetuity. It imposes no restrictions on the Carrier's right to abolish the assignments at any time. If the assignments are abolished and later reestablished, the assignments will be re-bulletined under the provisions of this Agreement for the remainder of the assignment period to June 14.

RULE 29 - CREW CONSIST

(A) All freight, work, wreck and snow plow trains shall have one conductor and two brakemen, except as herein provided.

(B) The manning of self-propelled machines will be governed by Article III of the June 25, 1964 National Agreement.

RULE 30 - CHAIN GANG CREWS 4000 MILES PER MONTH

When traffic becomes so light that trainmen cannot make 4000 miles per month, including overtime and special allowances, the number will be reduced. This rule not to operate to prevent pool trainmen from making more than 4000 miles per month.

RULE 31 - PILOTS

(A) If and when Management requires a pilot to accompany a light locomotive in road movement, such pilot shall be taken from the ranks of conductors.

(B) Conductors will be used to pilot foreign line trains detouring over C&S tracks.

RULE 32 - PROMOTION TO CONDUCTOR

Section 1. Brakemen-Yardmen will be promoted to the ranks of conductor in accordance with their seniority as brakemen-yardmen.

(a) When a class of brakemen-yardmen is notified of examinations for promotion to conductor, the most senior brakemen-yardmen who have not previously declined promotion or are otherwise ineligible for promotion and have in excess of one (1) or more years in train and/or yard service will be notified 3O days in advance of the date the promotion class is to begin and offered an opportunity to take the examination.

(b) Upon being notified a brakeman-yardman who does not desire to be promoted to conductor will so advise the Carrier and thereafter will not be considered eligible for promotion. Not appearing for examination after being properly notified, without good and sufficient reason, will also be considered as a waiver of promotion, and such brakeman-yardman will no longer be considered for promotion.

(c) A brakeman-yardman who fails the conductor's examination will be notified of his failure and will be called up with the next class for promotion, and if he passes that examination will be given a conductor's seniority date with the class in which he passed the examination in accordance with his brakemen-yardmen seniority. If he again fails or does not complete the second examination, he shall be given another opportunity under the same conditions set forth above, but in the event the third examination is failed he will no longer be considered eligible for promotion.

(d) A brakeman-yardman who is unavailable to take the examination for promotion to conductor, for a reason such as: on vacation, illness, injured or because of a death in his immediate family, will be allowed the opportunity to take the examination at a later time. If he passes the examination, he will be given a seniority date as conductor in the same relative standing as he would have had if he had been available to take the examination when originally scheduled. If he should fail the examination, he will then be subject to the same procedures described in paragraph (c) relating to second and third examinations.

Section 2. Those brakemen-yardmen who are members of the same promotion class and who successfully pass the examination for promotion to conductor will be issued certificates of promotion all dated with the same date on which the last man successfully passed the examination. They will all receive the same seniority dates as conductors as evidenced by the certificate of promotion, in the same relative ranking they hold as brakemen-yardmen.

(The above is recognition that junior men in the class may be examined before senior men have had the opportunity for examination).

RULE 33 - CABOOSE POOLING

(A) So far as available, cabooses of all steel construction will be used in main line service operating through terminals and will be maintained in good order.

(B) All other unassigned cabooses necessary to meet service requirements will be maintained and supplied in good order.

(C) The company will clean, sanitize and supply pooled cabooses. Ice and drinking water available under sanitary conditions, will be supplied and sanitary drinking cups will be part of the ca-

boose equipment. When operating a caboose in pooled service, Trainmen will not be held responsible for leaving terminals without a full quota of supplies other than flagging equipment. The Conductor will wire ahead or on arrival at his final terminal report or order needed service, supplies or equipment. All crew members will cooperate in keeping cabooses in a sanitary condition.

(D) Adequate locker space will be provided at Guernsey, Cheyenne, Fort Collins, Denver, Pueblo, Trinidad and Texline with private lockers being provided at home terminals. Lock and key will be furnished individual pool trainmen and extra men for use on lockers at away-from-home terminals.

(E) Arrangements will be made to provide suitable transportation to transport employees to and from places where they report for duty and are released from duty. The terminals and points within such terminals between which transportation will be furnished will be agreed upon locally before the pooling of cabooses is made effective.

(F) Trainmen in freight service, whose cabooses are pooled under this agreement, will be allowed one-half cent per mile for each road mile actually operated with a minimum allowance of seventy-five cents (.75) for each continuous trip, separate and apart from the trip allowance. If and when cabooses are pooled at outlying points where two or more runs are assigned, the train crews will be entitled to the .75 pooled caboose allowance. This allowance will not be subject to proportionate increases or decreases where rates of pay are adjusted on or subsequent to the effective date hereof.

(G) At the away-from-home-terminal points, pool trainmen who are required to turn back will be permitted to avail themselves of certified lodging facilities, at the carriers expense, irrespective of the four-hour factor of the lodging agreement. If lodging is not utilized under such circumstances, payment of $1.00 will be made. Such payment will not be subject to subsequent increases or decreases.

(H) When pooled cabooses are used on other road assignments the seventy-five cents (75) caboose allowance will apply.

RULE 34 - CABOOSE, SWITCHING

Trains will not be switched at terminals with caboose attached. At points where trainmen sleep in their cabooses, cabooses will be taken off trains and put on designated tracks as quickly as possible after arrival of train and no other cars such as outfit cars, wrecking cars, bad-order cars, etc., will be placed on caboose tracks.

RULE 35 - TIME FOR MEALS

(A) Trainmen in all classes of freight service, except as provided in paragraph (B) hereof, will be allowed a reasonable length of time for eating at convenient places, but train dispatchers will be notified of intention to eat.

(B) Trainmen handling coal trains to MOBA Power Plant (near Wheatland, Wyoming), Comanche Power Plant (near Pueblo, Colorado) and Rawhide Power Plant (near Cheyenne, Wyoming in lieu of being permitted to stop and eat, will be allowed a payment per trip of $4.15, provided they are on duty in excess of six hours from time called on duty until arrival at their final tie-up point.

(C) After six hours on duty, road trainmen in paragraph (A) hereof not allowed time for eating will receive meal allowance of $3.85 In addition to other earnings for the trip.

(D) If the meal allowance of $3.85 now provided In the National Agreements pertaining to expenses away from home is subsequently increased, the amounts provided for in this rule will be increased proportionately."

RULE 36 - VACANCIES

(A) Choice of runs will be governed by seniority, as herein provided.

(B) 1. Except in chain gang service, all new assignments, permanent vacancies shall be advertised for a period of five (5) days. Vacancies in excess of thirty (30) days will be advertised for five (5) days. Senior conductors-brakemen making application will be assigned. When possible, the advertisement will be posted a sufficient time in advance so that bids may be closed before the vacancy occurs. All bids for vacancies must be made in writing and addressed to the official signing the advertisement. The senior applicant will be required to fill the vacancy.

2. Advertisement will be posted in all notice books at terminals. Copy will be furnished conductors-brakemen on runs who do not have access to notice books. Applications received after the expiration of the advertisement will not be considered unless it can be shown that the applicant did not have access to or receive a copy of the advertisement.

3. If no bids are received for new assignments or permanent vacancies, the most junior demoted conductor on the district, or the most junior brakeman on the extra board(s) on the district, will be required to fill the vacancy.

Question: Will a demoted conductor or brakeman who is assigned under the provisions of Section (B) 3, be permitted to exercise his seniority to yard service before he has completed twenty-eight (28) days on the assignment?

Answer: No. He must remain on the assignment for a minimum period of twenty-eight(28) days before he can go into yard service unless he is displaced by a senior employee or his seniority permits assignment to other road service.

(C) 1. Vacancies for conductors of less than thirty (30) days' duration or of unknown duration of permanent vacancies under advertisement which have not expired will be filled by the senior demoted conductor working as brakeman on the assignment. He will hold the assignment until the regular conductor returns or until the vacancy has been filled under notice advertising the assignment.

2. If there is no demoted conductor working on the assignment as described in (C) 1, above, the first-out demoted conductor on the extra board will fill the assignment and will hold the assignment until the regular conductor returns or until the vacancy has been filled under notice advertising the assignment.

3. If no demoted conductors are available under (C) 1, or (C) 2, above, the junior available demoted conductor at source of supply, at time of call, will fill the assignment until regular conductor returns or until the vacancy has been filled under notice advertising the assignment.

Question: Will a demoted conductor who is assigned to a position under provisions of Section (C) 2, or (C) 3, be permitted to exercise his seniority to yard service before he has been relieved from the assignment?

Answer. No.

(D) 1. New assignments and permanent vacancies in chain gang service will be filled by the senior conductor or brakeman making written application.

2. Vacancies, in chain gang service, of thirty (30) days or less will be filled by the senior demoted conductor working as brakeman on that crew. He will hold the assignment until the regular conductor returns.

3. If there is no demoted conductor working on the assignment as described in (D) 2, above, the first-out demoted conductor on the extra board will fill the vacancy until the regular conductor returns.

4. If no demoted conductors are available under (D) 2, and 3, above, the junior available demoted conductor at source of supply, at time of call, will fill the vacancy until the regular conductor returns.

5. Vacancies in chain gang service in excess of thirty (30) days will be filled by the senior conductor or brakeman making written application.

(E) 1. When extra crews are made up from the extra board, the first-out demoted conductor will be the conductor of the made-up crew, except when two or more of the three men called for a made up crew are demoted conductors the senior demoted conductor on the crew will act as conductor.

2 If no demoted conductor is available on the extra board for an extra crew, the mast junior available demoted conductor at the source of supply will fill the conductor's assignment.

(F) Vacancies for brakeman in all classes of service, except as provided in paragraph (G) of this Rule, will be protected day by day, by extra brakeman first-out on the extra board.

(G) In filling brakemen's vacancies at outlying points, brakemen first-out on the extra board at calling time will be deadheaded to fill the vacancy and will remain on the vacancy until the regular man returns or until displaced by a brakeman bidding on the vacancy.

Question: Will a brakeman who is assigned to a position under the provisions of Section (G) be permitted to exercise his seniority to yard service before he has been relieved from the assignment?

Answer. No.

(H) 1. Any conductor or brakeman who lays off for any reason will not be permitted to return to service until he has been off for at least 24 hours, except chain-gang conductors and brakemen may return to service after being off one trip.

2. A demoted conductor who lays off on call or misses a call for service at an outlying point must be off at least 24 hours from time called and upon returning to service must relieve the conductor who was sent to the outlying point in his place. It is understood the conductor who laid off or missed a call will not be paid any deadhead allowances going to or returning from the outlying point as a result of relieving the conductor who took his place.

3. An extra board brakeman who lays off on call or misses a call for service at an outlying point must be off at least 24 hours from time called and upon returning to service must relieve the extra brakeman who was sent to the outlying point in his place. It is understood the extra board brakeman who laid off or missed a call will not be paid any deadhead allowances going to or returning from the outlying point as a result of relieving the extra brakeman who took his place.

(I) Conductors or brakemen regularly assigned in excess of twenty-eight (28) days may, upon seven days advance written notice (which cannot be canceled), displace any junior conductor, brakeman or switchman. The assignments vacated by conductors or brakemen displacing under the provision of this section will be advertised as provided in (B) 1.

(J) Trainmen displaced must exercise their displacement rights within (48) hours after having been notified of displacement. Failing to exercise displacement rights within (48) hours, trainmen will only be permitted to place last out on the brakemen's extra board at the point where displaced.

(K) A conductor or brakeman returning from leave of absence or absence account of accident, sickness or vacation may, within five (5) days of the time he reports for duty, displace any junior man who was assigned on the position advertised during his absence. If there are any advertisements for assignments that have not expired at the time of his return to service, he will either have to bid on such assignments or forfeit his rights to such assignment.

Note: In some cases the senior demoted conductor working as brakeman on an assignment is not immediately available to assume service as a conductor on the assignment because of laying off, vacation or other legitimate reasons for being absent from his regular assignment as brakeman. In those instances where the regular senior demoted conductor on an assignment returns to service on that assignment he will be required to assume service as conductor on that assignment relieving the conductor who was assigned under the provisions of (C) 2, (C) 3, (D) 3 or (D)4. The conductor so relieved will return to his assignment as brakeman.

In connection with the filling of permanent vacancies in chain gang service as described in Section (D)I and (D)5 of this rule, written application is construed to mean prior written application to be kept on file and if and when a permanent vacancy occurs the senior conductor or brakeman with application on file will be assigned immediately and the vacancy will be considered closed.

 

RULE - 37 - REPORTING FOR DUTY AT OUTLYING POINT

(A) A trainman assigned at an outlying point who has been laying off for any cause, or a trainman exercising his seniority on an assignment at an outlying point, must report for duty a day previ- ous to his return, but not less than four (4) hours before completion of the day's work of that assignment.

(B) If more than one assignment is tying up at an outlying point, paragraph (A) of this Rule will not apply to a trainman displaced at that point who desires to exercise his seniority on another assignment working out of that point.

(C) When calling extra employees, to fill vacancies on outlying assignments on all Districts, (excluding Leadville and Golden) they will be given a ten (10) hour call prior to on duty time of assignment in which the vacancy exists.

NOTE: This will permit the extra employee to drive his auto to the outlying point and get 8 hours rest prior to the starting time of the assignment. Such extra employees will be entitled to one meal allowance at the outlying point in advance of starting time of his assignment.

RULE 38 - LAY OVER DAYS - LOCAL - ROAD SWITCHERS

Crews on regularly assigned local freight runs will not be available for duty on their layover day, except in emergency. Also applies to road switchers.

RULE - 39 - FREE TRANSPORTATION

When assignment, change of division or change of run requires trainmen to change their place of residence, they will be furnished free transportation for their families and household goods over the lines of the Colorado and Southern to their new place of residence at time of transfer.

RULE 40 - COPY TRAIN ORDERS Canceled 11-14-1983

Train and engine service employees will not be required nor permitted to copy train orders, or to block or report trains by telephone or telegraph, except under emergency conditions, which are defined as follows:

(1) Storms, fogs, washouts, high water,

(2) Wrecks, slides, snow blockades;

(3) Accidents, obstructions to tracks;

(4) Unusual delays caused by engine and equipment, failures, break-in-two's, hot boxes, and failure of fixed signals;

(5) When train has been delayed by non-arrival of another train at meeting or passing point for thirty (3O) minutes or more; and

(6) Other unforeseen situations where life or property may be in jeopardy, requiring immediate attention, which could not have been anticipated when train was at previous telegraph office and which would result in serious delay to trains.

It is further understood and agreed that:

(a) Telephone conversations about work;

(b) Telephone conversations about probable arrival time of trains; and

(c) At junction points and spur tracks where telegraphers are not employed to obtain a check of trains direct from train dispatcher for such trains as are due to arrive at such junction point after branch line train has departed from last train order office before arrival at junction, and, if after check of overdue trains has been obtained, it is necessary to copy a train order for the purpose of moving the train, such train order may be copied covering movement from such junction point;

will not be construed as a violation of this agreement.

(7) When a Road Conductor is required to copy a message or clearance form, or a train order by telephone direct from the Train Dispatcher or from Operator at another station, other than provided in exceptions (1), (2), (3), (4), (5) and (6) and items (a), (b) and (c) of the rule he will be compensated therefor by payment of fifteen (15) minutes at the applicable overtime rate in each instance that such service is required, in addition to all other trip allowances.

RULE 41 - SOUTHERN DIVISION - FREIGHT SERVICE

(A) Southern Division road crews in freight service will not be required to handle cars from Pueblo train yard to be set out at Minnequa, except that they may set out cars that develop defects

after leaving Pueblo train yard or they may set out cars erroneously placed in their train. Southern Division road crews will not be required to pick up cars at Minnequa for handling to Pueblo train yard.

(B) Southbound Southern Division road crews in freight service required to pick up cars at Minnequa will only pick up cars that are first out on tracks on which such cars are placed.

Note: Yard engine at Minnequa groups various types of cars on different tracks for pick up by Southern Division crews, such as hopper cars on one track; flat bottom dump cars on another

track; commercial loads other than railroad steel on another track; railroad steel on still another track, etc.

(C) If required to pick up cars at Minnequa that are not first out on tracks but require switching, road crews will be allowed a minimum day at yard rates.

(D) Northbound Southern Division road crews in freight service may be required to set out cars at Minnequa but if required to set out cars for direct delivery to the C&W Railway on the interchange tracks and cars destined to Minnequa but not for immediate delivery to the C&W Railway on other yard tracks, will be paid local rates of pay in compliance with Western Train Service Board Decisions 2781 and 2782.

(E) Northward trains leaving Trinidad will have all cars assembled in train for proper set out at Minnequa. Road crews picking up enroute after departing Trinidad will maintain pickups in the proper groups for set out at Minnequa.

RULE 42 - COUPLING AIR

1. Trainmen will not be required to couple air hoses at Denver and Pueblo (not including Minnequa) except between the engine and first car, when closing up crossings, and when doubling train together.

2. Trainmen may be required to couple air hoses at Guernsey, Cheyenne, Trinidad and Texline, and when required to couple air hose other than between the engine and first car, when closing up crossings, and when doubling train together, each member of the crew will be paid an arbitrary allowance of thirty (30) minutes at pro rata rates, such allowance to be made in addition to and independent of other allowances.

RULE 43 - BRAKEMAN'S EXTRA BOARD REGULATION OF BRAKEMEN'S BOARD

(A) The Colorado and Southern Railway Company will cooperate with the United Transportation Union so far as it is practicable to do so, in the regulation of the Brakemen's Extra Board so that extra brakemen will be permitted to work not less than 2400 miles per month nor more than 3000 miles per month. In so cooperating, it is understood that the Railway Company is not guaranteeing any amount of miles for brakemen on the Extra Board. This Agreement not to operate to prevent extra brakemen from making more than 3000 miles per month provided the exigencies of service require more than the maximum.

(B) In the regulation of the Brakemen's Extra board, as above provided, it is understood that in the event less than the minimum number of miles is made or more than the maximum number of miles is exceeded, the Board will be reduced or increased in order to comply with the regulation; provided, however, that it will not interfere with the economical and efficient manning of crews in road service.

RULE 44 - ROAD SWITCHER

(A) The following assignments now in operation will be considered as Road Switchers and subject to all the terms of this Agreement:

a. Fort Collins Switcher

b. Greeley Local

c. Longmont Switcher

d. Golden Switcher

e. Leadville-Climax Switcher

(B) The assignments named in Section I may be abolished and additional road switcher assignments may be established to operate within specified territorial limits provided they are established in conformity with the terms of this Agreement. Except road switcher assignments will not be established with home terminals at Cheyenne, Denver or Trinidad.

It is recognized that the term "Road Switcher Assignment" contemplates turnaround service operated within limits hereinafter described whose basic function is to perform switching service in connection with its own and other trains within those limits, although not limited solely to that service.

(C) The territorial limits of a road switcher assignment shall not exceed twenty-five (25) miles in any direction from the terminal of the assignment. Crews may be run back and forth over the territory within the limits of their assignments, into, out of and through assigned terminals of their own or other runs without additional pay or penalty accruing to any assignment therefor, but may not be run beyond the territorial limits of their assignment except as starting a new day. Bulletins shall specify terminal, time to commence service and number of days (6 or 7) assignment is scheduled to work. It is understood crews may be called no more than 3 hours 59 minutes later than their bulletined starting time, provided they are notified prior to completion of work the preceding work day. It is also understood that if the bulletined starting time is changed two hours or more, or terminal is

changed or assigned work days are changed, the assignment will be immediately re-bulletined.

It is understood that on specific assignments the parties may, by agreement, extend the territorial limits as described above.

(D) Eight hours or less shall constitute a day's work, with overtime after eight hours.

(E) Conductors and trainmen on road switcher assignments will not be subject to initial or final terminal delay and terminal switching rules, side or lap-back rules, car scale rates of pay or more than one class of service rules. Conductors and trainmen may weigh cars and couple or uncouple chains or air hoses without additional payment.

(F) Any other assignment operating in the same territory as a road switcher assignment may perform any of the service that is performed by the road switcher crew in its particular territory and vice-versa without penalties accruing to either for any service required.

(G) Assignments established under provisions of this Agreement shall be paid the following basic daily rates:

Conductor Brakeman

$53.92 $49.96 5/1/76

(H) It is understood this Agreement does not change the crew consist of the Leadville-Climax Switcher.

(I) The Road Switcher assigned with home terminal at Wheatland, Wyoming, will have territorial limits from Chugwater, Wyoming to Wendover, Wyoming; and the extended limits will include all the tracks at Chugwater and Wendover.

RULE 45 - UNIT GRAVEL TRAIN

This Agreement is made in recognition of the mutuality of interest between the parties in attracting competitive traffic to the railroads which otherwise would not be possible.

IT IS AGREED:

Unit gravel trains operating between Denver, Colorado and Lyons, Colorado will be manned as follows:

1. The work of handling unit gravel trains will be apportioned between BN employees and C&S employees on the basis of 2 fifths BN and 3 fifths C&S.

2. The unit gravel train will be manned by a C&S train crew consisting of one (1) conductor and two (2) brakemen and will be assigned for a six (6) week period. At the completion of the initial six weeks a BN train crew consisting of one (1) conductor and two (2) brakemen will be assigned for four weeks and thereafter the assignment will alternate on the same basis. A BN fireman is entitled to exercise seniority on the assignment during the time the BN train crew is assigned under provisions of the Manning Agreement dated July 19, 1972, The assignment will be bulletined as an assigned local under the appropriate schedule rules applicable to C&S and BN employees in sufficient time so that changeover maybe made with assigned crews. The crews will operate under the schedule rules of their respective railroads.

3. In the event it becomes necessary to run more than one unit train per day, the additional trains will be manned in accordance with the provisions set forth in Section 2 hereof.

4. Conductor pilots will not be required on unit gravel trains operating under this agreement over C&S and BN tracks and crews will not be required to qualify on their own time.

5. Home terminal for crews assigned to unit gravel trains will be Denver, Colorado.

6. This assignment will not be considered as having a mileage component and assigned crews will qualify for holiday payment in accordance with applicable provisions of the National Holiday Agreements.

7. Crews assigned to this service will not be required to handle cars other than those used in the unit gravel train operation.

This Agreement anticipates the operation of unit gravel trains for several years, and it is understood the operation is dependent on the orders of the customer and the service required by the customer. The length of the hauling season is contingent on the service required and this Agreement cannot be construed as a guarantee of any kind except every effort will be made to divide the work opportunity between the employees as specified in Section 2.

RULE 46 - PAID HOLIDAYS - ROAD SERVICE EMPLOYEES

The following provisions shall apply to regularly assigned road service employees paid on a daily basis:

(a) Each regularly assigned road service employee in local freight service, including road switchers, roustabout runs, mine runs, or other miscellaneous service employees, who are confined to runs of 100 miles or less and who are therefore paid on a daily basis without a mileage component, and who meet the qualifications set forth in paragraph (c) hereof, shall receive one basic day's pay at the rate for the class and craft of service in which last engaged for each of the following enumerated holidays:

New Year's Day Labor Day

Washington's Birthday Veterans' Day

Good Friday Thanksgiving Day

Decoration Day Christmas Eve

Fourth of July Christmas Day

Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts or trips worked.

Note: When any of the above listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.

(b) Any of the employees described in paragraph (a) hereof who works on any of the holidays listed in paragraph (a) hereof shall be paid at the rate of time and one-half for all services performed on the holiday with a minimum of one and one-half times the rate for the basic day.

(c) To qualify for holiday pay, a regularly assigned employee referred to in paragraph (a) hereof must be available for or perform service as a regularly assigned employee in the classes of service referred to on the work days immediately preceding and following such holiday, and if his assignment works on the holiday, the employee must fulfill such assignment. However, a regularly assigned employee whose assignment is annulled, canceled or abolished, or a regularly assigned employee who is displaced from a regular assignment as a result thereof on (1) the workday immediately preceding the holiday, (2) the holiday, or (3) on the workday immediately following the holiday will not thereby be disqualified for holiday pay provided he does not lay off on any of such days and makes himself available for service on each of such days excepting the holiday in the event the assignment does not work on the holiday. If the holiday falls on the last day of an employee's work week, the first workday following his "days off" shall be considered the work day immediately following. If the holiday falls on the first workday of his work week, the last workday of the preceding work week shall be considered the workday immediately preceding the holiday.

(d) Weekly or monthly guarantees shall be modified to provide that where a holiday falls on the workday of the assignment, payment of a basic day's pay pursuant to paragraph (a) hereof, unless the regularly assigned employee fails to qualify under paragraph (c) hereof, shall be applied toward such guarantee. Nothing in this Section shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the carrier's right to annul assignments on the holidays enumerated in paragraph (a) hereof.

(e) That part of all rules, agreements, practices or understandings which require that crew assignments or individual assignments in the classes of service referred to in paragraph (a) hereof be worked a stipulated number of days per week or month will not apply to the ten holidays herein referred to; but where such an assignment is not worked on a holiday, the holiday payment to quali-fied employees provided by this rule will apply.

(f) As used in this rule, the terms "workday" and "holiday" refer to the day to which service payments are credited.

(g) Special Qualifying Provision - Employee Qualifying for Both Christmas Eve and Christmas Day

An employee who meets all other qualifying requirements will qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned employee) or the "calendar day" (for an extra or unassigned employee) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day," as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" after the holiday.

An employee who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions applicable to holidays generally.

(h) When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period. In road service, lost days preceding or following the vacation period due to the away-from-home operation of the individual's run shall not be considered to be workdays for qualifying purposes.

(i) Not more than one time and one-half payment will be allowed, in addition to the "one basic day's pay at the pro rata rate," for service performed during a single tour of duty on a holiday

which is also a work day or a vacation day.

Note: It is understood that when a regularly assigned employee, holding an assignment subject to Article 1, Section 2, of the Agreement of June 25, 1964, who performs compensated service at least one day on his regular assignment in the week in which the holiday falls, is required to be used off his assignment to protect other service on one or both qualifying days and/or on the holiday, performing or being available for the service he is called to protect will qualify him to receive the holiday basic day's pay at the rate of his regular assignment. He will be paid at the rate of time and one-half for service performed on the holiday provided he works on his regular assignment, and only then if he meets the qualifying requirements, set forth in Article 1, Section 2 (c) as interpreted herein.

A regularly assigned employee holding an assignment which is not subject to Article 1, Section 2, but who is called to protect other service on an assignment which is subject to Article 1, Section 2, will qualify for payment of the basic day for the holiday if he is available for or performs service on such assignment on the qualifying days and on the holiday, provided no other employee qualifies for holiday pay on such position. If the assignment works on the holiday, he will be paid at the rate of time and one-half for service performed on the holiday.

YARD SERVICE

RULE 47 - BASIC DAY

Eight hours or less shall constitute a day's work. Time worked in excess of eight hours will be paid as overtime.

RULE 48 - RATES OF PAY

Note: Current Rates of Pay Schedules furnished by the Carrier.

RULE 49 - FOOTBOARD YARDMASTERS

Yard Foremen, when instructed to act in capacity as footboard yardmasters, will be paid not less than two-thirds of one hours pay in excess of yard foreman's rate.

RULE 50 - FIVE-DAY WORK WEEK

Section 1: (a) Beginning on the date this Agreement becomes effective on any Carrier, and such Carrier will establish, for all classes or crafts of yard service employees covered by this Article 3, subject to the exceptions contained therein, a work week of forty hours, consisting of five consecutive days of eight hours each, with two days off in each seven, except as hereinafter provided. The foregoing work week rule is subject to all other provisions of this Article 3.

(b) Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1, the carriers will, prior to the effective date, post notices or bulletins as required by schedule, bulletin rules or practices in effect.

(1) Listing the days off of regular assignments, and advertising for bid regular relief assignments.

"Days off" period of assignments, as established the effective date of this Agreement, shall remain unchanged, except when it is necessary to establish new "days off" period resulting from the creation of new assignments or the discontinuance of assignments.

(2) Blank

(a) "

(b) "

(c) "

(d) "

(3) Blank

(4) After assignments as referred to in Section I (b) (1) have been established, changes thereafter shall be made in accordance with Rule 62 (C) of the Current Schedule.

Section 2: The term "work week" for regular assignments, and also regular relief assignments, shall mean a work week beginning on the first day on which those assignments are bulletined to work, and for extra employees shall mean a period of seven consecutive days starting with Monday.

Section 3: (a) When service is required by Carrier on days off of regular assignments it may be performed by other regular assignments, by regular relief assignments, by a combination of regular and regular relief assignments, or by extra employees when not protected in the foregoing manner. (This does not disturb rules or practices involving the use of emergency men or unassigned employees.) Where regular relief assignments are established, they shall, except as otherwise provided in this Agreement, have five consecutive days of work, designated days of service, and definite starting times on each shift within the time periods specified in the starting time rules. They may on different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going on and off duty which shall be the same as those of the employee or employees they are relieving.

(b) Where regular relief assignments cannot be established for five consecutive days on the same shift within the time periods specified in the starting time rules, as provided for in Section 3 (a), such assignments may be established for five consecutive days with different starting times on different shifts on different days, within the time periods specified in the starting time rules, and on different days may have different points for going on and off duty which shall be the same as those of the employee or employees they are relieving.

(c) After the starting times and days of service have been established, changes therein may be made only in accordance with schedule or bulletined rules.

(d) Rules providing for assignments of crews "for a fixed period of time which shall be for the same hours daily" will be relaxed only to the extent provided in (a) and (b) of this Section 3.

(e) Regular relief assignments for yard crews will be established for the crew as a unit. However, if an operational problem exists or arises which makes it impracticable to relieve regular or regular relief crews as a unit, or if either of the parties on the property desires, the designated days off need not be the same for individual members of a crew.

Representatives of the Carrier and of the employees will cooperate in designating days off of individual members of a crew.

(Note: It is recognized in the application of the foregoing that the nature of the work on certain assignments will require that some member or members of the crew have knowledge of the work of the assignment and that this will be considered one of the operational problems).

It is agreed that crews regularly assigned to House, Train Yard, and West End engines at Denver will be relieved as a unit. On all other assignments at Denver and Trinidad, crews will be relieved as individual members.

(f) Except as otherwise provided for in this Section 3, regular relief assignments shall be established in conformity with rules in agreements or practices in effect on individual properties governing starting times and bulletining of assignments, and when so established may be changed thereafter only in accordance with schedule and bulletin rules.

Section 4: Blank.

Section 5: Blank.

Note: It is agreed employees working from the common road and yard extra board at Trinidad will not be permitted to work in excess of five days in a calendar week in Trinidad yard service, but when worked in yard service will not restrict their rights to be used in road service in their turn.

Section 6: (a) Existing rules which relate to the payment of daily overtime for extra employees and practices thereunder are not changed hereby. Any shift in yard service in excess of eleven straight-time shifts in yard service in a semi-monthly period will be paid for at time and one-half rate.

The Yardmen's Extra Board will be reestablished as of 12:01 A.M. each first day and 16th day of each month.

Note: It is recognized that the Carrier is entitled to have an extra employee work eleven straight time shifts in yard service in a semi-monthly period without regard to overtime shifts which may be worked under provisions of the Agreement of May 25, 1951. After an extra man has worked eleven straight time shifts in yard service in a semi-monthly period he will remain on the extra board, but will not be used in yard service during the remainder of that period if other extra men are available who can work in such service at the straight time rate,

(b) In the event an additional day's pay at the straight time rate is paid to an extra employee for other service performed or started during the course of his tour of duty in yard service, such additional day will not be utilized in computing the eleven straight time shifts referred to in paragraph (a) of this Section.

(c) The principles outlined in Section 8 (1) and (2) shall be applicable to extra employees in the application of this Section 6.

Section 7: (a) In the event a regular or regular relief job or assignment is annulled for one day or more, the yard service employee or employees holding the job or assignment may displace any junior yardman or yardmen.

(b) Any yard service employee or employees who because of their seniority standing, or for

other reasons, are unable to place themselves on a regular job or assignment on the day or days their

job or assignment is annulled, will revert to the extra board and be placed thereon behind all other extra men on the extra board at the expiration of the shift, in accordance with the note to Paragraph (F) of Rule 62.

(c) In event a regular or regular relief job or assignment is annulled for one day or more and any or all of the displaced yard service employees are unable to displace an employee or employees with lesser seniority on such day or days, thereby being deprived of working one or more of the five days of the job or assignment, such yard service employee or employees, if they so desire, shall be placed on the extra board in addition to the men then on the board so as to be available for work on the sixth and/or seventh day of the work week to provide them an opportunity to work five straight time shifts during the work week, provided: (1) that such yard service employees endeavored to exercise their seniority as provided in Paragraphs (a) and (b) of this Section 7, (2) that such yard service employees are used from the extra board in accordance with rules in effect on the property and (3) that such service for the first eight hours on such sixth and/or seventh days will be paid for at straight time rates, until such employee or employees have worked five straight time shifts in that work week, any service in excess of eight hours on such days to be paid for under the overtime rules.

Note (1): If for any reason there is not sufficient work to retain in service any or all crews in all or either of the classes mentioned for the number of days above described, the Company will not be required to pay for time other than that actually worked.

Note (2): Assignments worked in excess of their assigned days will be considered extra engines and will be protected under the provisions of Current Rule 62 (G).

Section 8: (1) Existing rules which relate to the payment of daily overtime for regular yardmen and practices thereunder are not changed hereby and shall be understood to apply to regular relief men, except that work performed by regular relief men on assignments which conform with the provisions of Section 3 shall be paid for at the straight time rate.

(2) Current overtime rules relating to extra yardmen are cancelled as of the effective date of this Agreement and the following will apply:

Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on a minute basis at one and one-half times the hourly rate.

In the application of this rule, the following shall govern:

(a) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.

(b) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term "road service," as used in this Paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.)

(c) Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift.

A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which his basic day was paid for at pro rata rate.

(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the prorata rate for the first eight hours of work following such change.

(e) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were in the same grade of service, except where there is another man available to perform the work at pro rata rate.

Note (1): Blank.

Note (2): The adoption of this rule shall not affect any existing rule in the schedule of any individual Carrier relating to service performed on a succeeding trick when an employee's relief fails to report at the fixed starting time.

Note (3): On such roads as have an existing rule or practice differing from the rule of the December 12, 1947, Agreement, titled "OVERTIME RATE IN YARD SERVICE - EXTRA MEN," and providing for pay at time and one-half, without exceptian, to extra yardmen performing a second tour of duty in a 24-hour period, the Employees' Committee may elect to retain the existing rule or practice in lieu of this rule.

(3) Employees worked more than five straight time eight-hour shifts in yard service in a work week shall be paid one and one-half times the basic straight time rate for such excess work, except:

(a) 1. After an extra employee has worked 11 days in a half month (Ist through 15th and 16th through last day af the month), he will not be available for further extra service in that half, except as hereinafter provided.

2. After all extra employees have worked 11 days in their work half, the extra board will be deemed to be exhausted and further temporary vacancies during the work half will be protected by the senior regularly assigned available employee from the group in which the vacancy occurs who has expressed a desire, in writing, to perform extra service on his rest days.

3. Regularly assigned yardmen desiring to work as extra yardmen on their rest days, when such extra yard work is available due to the extra board being exhausted, must signify, in writing to the Chief Yard Clerk, their desire to perform such extra service.

4. Such regularly assigned yardmen signifying their desire to work as extra yardmen on their rest days, in the group in which they are regularly assigned, must be available for call as extra men, unless they arrange to "lay off" at least 2 hours before the calling hours of extra men. Failure to be available for a call for such extra work will result in disqualifying such regularly assigned yardmen for a period of 30 days for performing extra yard work.

If there are no regularly assigned yardmen in the group in which the temporary vacancy occurs, available to protect such extra work, then the extra man first out on the board at the time the extra board was exhausted will be called for such temporary vacancy.

6. No change will be made by regular yardmen signifying their desire to perform extra work on their rest days, except on the starting of each calendar month.

7. The extra board of yardmen will be reestablished as of 12:01 A. M. each first and 16th day of the month. If, during the calendar work half (1st to 15th and 16th to last day of the month), some of the extra men did not work 11 days, such men will be placed first out in their turn as of 12:01 A.M. on the 1st and 16th. If all extra men worked 11 days during the calendar work half, the extra men will be marked up on the board in the order in which they stood at the time they completed their 11 days in the previous half.

(b) When changing off where it is the practice to work alternately days and nights for certain periods;

(c) When working through two shifts to change off;

(d) Where exercising seniority rights from one assignment to another;

(e) Where paid straight time rates under existing rules or practices for a second tour of duty in another grade or class of service.

In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time eight hour shifts referred to in this Paragraph (3).

(4) There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid for at straight time rate for work referred to in Paragraph (3) of this Section 8, be utilized in computing the five straight time eight-hour shifts referred to in such Paragraph (3) of this Section 8, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours, or where such time is now included under existing rules in computations leading to overtime. Existing rules or practices regarding the basis of payment of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc., also for calls, basic day, transfer time, stand-by time, and compensation therefor, preparatory time, starting time (except as otherwise provided in Section 3) and similar rules are not affected by the provisions of this Article 3.

(5) Any tour of duty in road service shall not be considered in any way in connection with the application of the provisions of this Article 3, nor shall service under two agreements be combined in any manner in the application of this Article 3.

Section 9: When ever a Yardman works any shift as Yardmaster or a Yardmaster works any shift as Yardman, such shift will be counted in computing work as either Yardman or Yardmaster in applying the five day work week of either Yardmen or Yardmasters.

If a Yardman or extra Yardmaster is filling the vacancy of an assigned Yardmaster on vacation, such Yardman or extra Yardmaster will assume all conditions and rest days of the position worked.

Section 10: (a) All regular or regular relief assignments for yard service employees shall be for five (5) consecutive calendar days per week of not less than eight (4) consecutive hours per day, except as otherwise provided in this Article 3.

(b) An employee on a regular or regular relief assignment in yard service who takes another regular or regular relief assignment in yard service, or selects another "days off" period on a strict seniority or mark-up board in yard service, will be permitted to go on the assignment or "days off" period of his choice, and will take the conditions of that assignment or "days off" period, but will not be permitted to work more than five (5) straight time eight-hour shifts, as referred to in Paragraph (d) of this Section, in the work week of the assignment or "days off" period which he had at the time he made his choice; provided, however, that if the foregoing would not permit such employee to work one or more days of the assignment of his choice, and if there is no extra man available who could be used to perform the work on those days, he may be used to work those days at the straight time rate.

(c) An employee on a yard extra board who takes a regular or regular relief assignment in yard service will be permitted to go on the assignment of his choice and will take the conditions of that assignment.

An employee on a regular or regular relief assignment who goes on an extra board will take the conditions attached to the extra board, but will not be permitted to work more than five straight time eight-hour shifts, as referred to in Paragraph (d) of this Section in the work week starting with the Monday in which the change is made.

(d) Except as provided in Paragraphs (b) and (c) of this Section, employees, regular or extra, will not be permitted to work more than five straight time eight-hour shifts in yard service (excluding the exceptions from the computations provided for in Section 8, Paragraphs (3) and (4) in a work week), unless the extra board has been exhausted and the exigencies of the service require the use of additional men, in which event senior available employees in the group in which the vacancy occurs shall be used in accordance with applicable rules or practices in effect on individual properties.

Section 11: (a) Where reference is made in this Article 3 to the term "yard service" it shall be understood to have reference to service performed by employees governed by yard rules and yard conditions.

(b) Section 3 (e) and Section 5 of this Article 3 shall not apply to Switchtenders (sometimes classified as Switchmen).

(c) None of the provisions of this Article 3 relating to starting time shall be applicable to any classification of employees included within the scope of this Article 3 which is not now subject to starting time rules.

Section 12: Except as herein provided, all existing rules not in conflict with this Memorandum of Agreement, as contained in the Current Yardmen's Agreement, will remain in effect,

RULE 51 - YARDMEN'S EXTRA BOARD - REGULATION

Denver Yardmen's Extra Board will be regulated, so far as it is possible to do so and still protect vacancies in yard service, to permit the men on the Extra Board to work a minimum of eight (8) and a maximum of ten (10) days per one-half calendar month. The Terminal Superintendent and the Local Chairman will cooperate in the regulation of the Extra Board and will arrange for the Board to be reduced or increased in order to comply with this regulation.

It is understood that in applying this regulation, the Railway Company is not guaranteeing any number of days far Yardmen. It is further understood that if the service requires, extra Yardmen may be used to work in excess of the ten (10) days maximum, as provided above.

RULE 52 - POINT FOR BEGINNING AND ENDING DAY

The pay of yardmen will continue until they return to the point from which they start to work.

RULE 53 - OTHER SERVICE

(A) Yardmen assigned to other than their regular duties will be paid the established rate for the service performed, but in no case shall the yardmen so assigned be paid less than on the basis of their regular rates.

(B) Regular assigned Yardmen will be allowed yard rates of pay when used in road service, except when protecting their Conductor rights.

RULE 54 - WORK OUTSIDE YARD LIMITS

Yardmen regularly assigned to perform service within switching limits shall not be used in road service when road crews are available except in emergency. When yard crews are used in road service under conditions above referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service. (See Rule 81)

RULE 55 - CHAINING CARS, HANDLING HOSE

(A) Yardmen will not be required to chain up or unchain cars except on train yard leads and main line.

(8) Yardmen required to couple or uncouple air, steam or signal hose will be allowed air pay allowance as prescribed in Rates of Pay Schedule.

RULE 56 - LUNCH TIME

(A) Yard crews will be allowed twenty minutes for lunch between four and one-half and six hours after starting work without deduction in pay.

(B) Yard crews will not be required to work longer than six hours without being allowed twenty minutes for lunch, with no deduction in pay or time therefor.

Question. Does this article apply to switchtenders?

Decision. Yes, but switchtenders will be held responsible for their regular duties during lunch periods.

(C) When yard crews are not granted meal period within the hours specified they will be allowed an additional twenty (20) minutes at the overtime rate. If the second meal period is not granted within the time limit specified, yard crews will also receive an additional twenty (20) minutes at over time rates.

It is understood that in computing the time when the second meal period becomes due under the rules, if the first meal period was taken after six hours, it will be considered that the first meal period was completed at the end of the six hours. In other words a second meal period must be allowed when a crew has worked eleven (11) hours and forty (40) minutes if second meal period not yet afforded.

In those cases where a second meal period becomes due under the rules, it is understood that supervision will see that they consult with the yard crew in arranging the second meal period and if they want to take it rather than working through, it should be arranged in a place where they can secure food.

RULE 57 - CALCULATING ASSIGNMENTS AND MEAL PERIODS

The time for fixing the beginning of assignments for meal periods is to be calculated from the time fixed for the crew to begin work as a unit without regard to preparatory or individual duties.

RULE 58 - NUMBER OF MEN IN CREW

A crew in Denver or Trinidad yard shall consist of not less than one foreman and two helpers except regularly assigned east end train yard crews at Denver, not in excess of one crew on each shift, shall consist of not less than one foreman and three helpers. The third helper on east end train yard crews may also work with other crews in the east end train yard area.

RULE 59 - ASSIGNMENTS

(A) Yardmen shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew. So far as it is practicable assignments shall be restricted to eight hour's work.

(B) A list of regular assigned yard crews will be posted at all yard offices.

RULE 60 - STARTING TIME

(A) Regularly assigned yard crews shall each have a fixed starting time, and the starting time of a crew will not be changed without at least 48 hours' advance notice.

(B) Where three 8-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 a.m. and 8:00 a.m.; the second 2:30 p.m. and 4:00 p.m.; and the third 10:30 p.m. and 12 midnight.

(C) Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in Paragraph (B).

(D) Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 a.m. and 10 a.m. and the second not later than 10:30 p.m.

(E) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in Paragraph (B) or (D).

(F) At points where only one yard crew is regularly employed, they can be started at any time, subject to Paragraph (A).

(G) Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour from periods above provided.

(H) If and when local service requirements necessitate, the general committee agrees to confer with the Management with the view of negotiating exceptions to starting time rules covering yard service, by agreement in writing in individual cases. In event of disagreement, present starting time rules will cover.

(I) All extra assignments for periods not exceeding four consecutive days may be started at any time.

RULE 61 - REDUCTION IN CREWS

When it becomes necessary to reduce the number of regular crews, the men will be notified sixteen hours before change is made.

RULE 62 - VACANCIES

(A) All new assignments will be advertised for a period of five days, the senior Foreman and Helpers bidding will be assigned, bids to cover other vacancies occasioned thereby.

(B) A vacancy for Foreman of less than ten days must be protected by the senior Helper of such crews.

A known vacancy for Foreman or Pilot of ten days or more will be advertised for a period of five days and assigned to the senior qualified Yardman bidding. Other vacancies occasioned thereby will be assigned to the senior Yardman bidding.

A known vacancy for Helper in excess of ten days will be advertised for a period of five days and assigned to the senior Yardman bidding. Other vacancies occasioned thereby will be assigned to the senior Yardman bidding. During the period of advertising, the vacancy will be filled by extra Yardman on the first-in, first-out basis.

Vacancies for Foreman during advertisement will be filled by senior Helper of such crew.

Vacancies for Pilot during advertisement will be filled by senior qualified regular Yardmen in the group as shown in Paragraph (G).

Note: In case the Foreman and "Highball" man on east end train yard engines lay off, the senior remaining Helper on such assignments may elect to fill vacancy of "Highball" position instead of the Foreman's vacancy.

(C) 1. Regularly assigned Yardmen desiring to displace Junior Yardmen, regular or extra, must give five (5) days written notice to the trainmaster advising which Junior Yardmen they desire to displace. On receipt thereof, the trainmaster will post notice in the Yard Offices notifying the Yardman of such displacement request and advertise the vacancies occasioned thereby. Senior man bidding in writing will be assigned.

2. Yardmen working in yard service in excess of twenty eight (28) days may, upon seven (7) days advance written notice (which cannot be canceled) displace any Junior Conductor or Brakeman in road service. Advertisement for assignment vacated will be posted in all Yard Offices and notice books at Terminals notifying yardmen trainmen of displacement request and advertise the vacancies occasioned thereby, Senior man bidding in writing will be assigned.

Note 1: Seniority displacements will be effective the first work day following the rest days of the assignment from which vacated.

Note 2: When permanent vacancy for foreman or helper occurs and no bids are received, the youngest man on the extra list will be assigned to the vacancy. If the youngest man on the extra list does not meet the qualifications for foreman as outlined in this Rule, the Junior Yardman who is qualified will be assigned as foreman.

Note 3: Yardmen who exercise their seniority to the extra board here under will be required to remain thereon for a period of not less than 30 calendar days, except when covering vacancies under bid.

(D) Yardmen displaced must exercise their displacement rights within (48) hours after having been notified of displacement, Failing to exercise displacement rights within (48) hours, yardmen will only be permitted to place last out on the Yardmen's Extra Board.

(E) Yardmen desiring to lay off must request permission from proper authority at least three hours in advance of the starting time of their assignment, except that regular men on night shifts desiring to lay off must request permission before 6:00 p.m.

(F) Unless otherwise provided, extra men will be worked first-in, first-out in filling temporary vacancies of less than ten days.

Note: Extra men will be marked up at time released from duty and it is their responsibility to notify Crew Caller accordingly, after which they will be called first-in, first-out.

(G) Except as herein provided, extra yard engines will be protected by men first out on the extra board, the senior qualified Yardman of which (qualification requires at least 180 days' experience-not seniority-in yard service) will protect the Foreman's position. If none are qualified, the qualified Helper assigned in the group (Rule 60) in which the engine is worked will be assigned in seniority order the Foreman's position. The twenty-four hour period to be grouped as follows:

6:30 a.m. to 12:00 noon

2:00 noon to 6:30 p.m.

6:30 p.m. to 12:01 a.m.

(H) Extra men having had eight hours or more rest must be available for call between the hours of 5:00 a.m. and 7:00 a.m.; between noon and 2:00 p.m.; and between 6:00 p.m. and 7:00 p.m. each day.

(I) Vacancies on yard engines at Trinidad will be filled from the consolidated Brakemen's extra board by the Brakeman first-out on the extra board.

Vacancies for Foreman on regular and extra engines at Trinidad will be filled in accordance with Paragraph (B) of this rule.

Vacancies for Helper on regular and extra engines at Trinidad will be filled in the same manner.

Note: At Trinidad, extra service of Foreman on Engines not assigned (extra engines or yard pilot jobs), the senior yard Helper assigned in the next following time group will be used.

RULE 63 - PILOT SERVICE - DENVER

(A) All Colorado and Southern Passenger Train engines shall be placed on trains at Denver Union Depot, and taken from Colorado and Southern Passenger Trains to the engine house upon arrival, by yard pilots. The senior qualified regular yardman will be tendered the extra pilot work in his respective group. (Rule 60)

(B) Pilots will assist the Union Depot employees in picking up and setting out baggage cars.

RULE 64 - WORK TRAIN SERVICE

(A) Work trains used wholly within yard limits will be manned by yardmen, when available.

(B) Road trainmen shall have the right to man work trains that are operated partly within switching or yard limits and partly on the road adjacent to such yard or switching limits.

RULE 65 - CABOOSES - YARD

Yard crews on Industrial assignments will be furnished cabooses, if requested by yard crew on that assignment.

RULE 66 - HOURS OF SERVICE

Regular yardmen required to work sixteen hours will resume work when their rest period is up under the Federal Law; and then be permitted to work eight hours or paid therefor.

(Note: Amended by Public Law 91-169.)

RULE 67 - PAID HOLIDAYS - YARD SERVICE EMPLOYEES

Section 1: Regularly Assigned Yardmen:

(a) Each regularly assigned yard service employee, who meets the qualifications provided in paragraph (b) hereof, shall receive one basic day's pay at the pro rata rate of the position to which regularly assigned for each of the following enumerated holidays:

New Year's Day Labor Day

Washington's Birthday Veteran's Day (the day after Thanksgiving)

Good Friday Thanksgiving Day

Decoration Day Christmas Eve

Fourth of July Christmas Day

New Years Eve

Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked.

Note: When any of the above-listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.

(b) To qualify, a regularly assigned employee must be available for or perform service as a regularly assigned employee on the work days immediately preceding and following such holiday, and if his assignment works on the holiday, the employee must fulfill such assignment. However, a regularly assigned yard service employee whose assignment is annulled, canceled or abolished, or a regularly assigned yard service employee who is displaced from a regular assignment as a result thereof on (1) the work day immediately preceding the holiday, (2) the holiday, or (3) the work day immediately following the holiday will not thereby be disqualified for holiday pay provided he does not lay off on any of such days and makes himself available for yard service on each of such days excepting the holiday in the event the assignment does not work on the holiday. If the holiday falls on the last day of an employee's work week, the first work day following his "days off" shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday.

Note 1: A regularly assigned yard service employee who qualified for holiday pay under paragraph (b) above shall not be deprived thereof by reason of changing from one regular yard assignment to another regular yard assignment on the work day immediately preceding or following the holiday or on the holiday.

Note 2: A regularly assigned yard service employee whose assignment is annulled, canceled, or abolished, or a regularly assigned yard service employee who is displaced from a regular assignment as a result thereof as set forth above in paragraph (b), and who reverts to the extra board, will be considered "Available" if he marks himself on the extra board in sufficient time under existing applicable mark-up rules to work a tour of duty at the first opportunity permitted by such applicable rules.

Note 3: An employee will be deemed to have performed service or fulfilled his assignment if he is required by the carrier to perform other service in accordance with rules and practices on the carrier.

(c) In yards operating under strict seniority or mark-up boards, determination of "regularly assigned employees" for the purpose of applying the qualifying provisions of paragraph (b) of this Section 1 shall be the subject of negotiations on the individual properties.

(d) This Section 1 applies only to regularly assigned yard service employees paid on an hourly or daily basis, who are subject to yard rules and working conditions. Except as provided for in Note 3 to Section 1 (b) above, each of the qualifying days of service provided in paragraph (b) of this Section I must be performed in yard service.

(e) Existing weekly or monthly guarantees shall be modified to provide that where a holiday falls on the work day of the assignment, payment of a basic day's pay pursuant to paragraph (a) of this Section 1, unless the regularly assigned employee fails to qualify under paragraph (b) of this Section 1, shall satisfy such guarantee. Nothing in this Section 1 shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the carrier's right to annul assignments on the holidays enumerated in paragraph (a) of this Section 1.

(f) That part of all rules, agreements, practices or understandings which require that yard crew assignments or individual assignments for yardmen be worked a stipulated number of days per week or month will not apply to the ten holidays herein referred to but where such an assignment is not worked on a holiday, the holiday payment to qualified employees provided by this Section, will apply.

Section 2 - Extra Yard Service Employees:

(a) Each extra yard service employee, who meets the qualifications provided in paragraph (b) of this Section 2 shall receive one basic day's pay at the pro rata rate on any of the following enumerated holidays:

New Year's Day Labor Day

Washington's Birthday Veterans'Day (the day after Thanksgiving)

Good Friday Thanksgiving Day

Decoration Day Christmas Eve

Fourth of July Christmas Day

New Years Eve

 

 

 

Note 2: A regularly assigned yard service employee whose assignment is annulled, canceled, or abolished, or a regularly assigned yard service employee who is displaced from a regular assignment as a result thereof as set forth above in paragraph (b), and who reverts to the extra board, will be considered "Available" if he marks himself on the extra board in sufficient time under existing applicable mark-up rules to work a tour of duty at the first opportunity permitted by such applicable rules.

Note 3: An employee will be deemed to have performed service or fulfilled his assignment if he is required by the carrier to perform other service in accordance with rules and practices on the carrier.

(c) In yards operating under strict seniority or mark-up boards, determination of "regularly assigned employees" for the purpose of applying the qualifying provisions of paragraph (b) of this Section 1 shall be the subject of negotiations on the individual properties.

(d) This Section 1 applies only to regularly assigned yard service employees paid on an hourly or daily basis, who are subject to yard rules and working conditions. Except as provided for in Note 3 to Section 1 (b) above, each of the qualifying days of service provided in paragraph (b) of this Section I must be performed in yard service.

(e) Existing weekly or monthly guarantees shall be modified to provide that where a holiday falls on the work day of the assignment, payment of a basic day's pay pursuant to paragraph (a) of this Section 1, unless the regularly assigned employee fails to qualify under paragraph (b) of this Section 1, shall satisfy such guarantee. Nothing in this Section 1 shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the carrier's right to annul assignments on the holidays enumerated in paragraph (a) of this Section 1.

(f) That part of all rules, agreements, practices or understandings which require that yard crew assignments or individual assignments for yardmen be worked a stipulated number of days per week or month will not apply to the ten holidays herein referred to but where such an assignment is not worked on a holiday, the holiday payment to qualified employees provided by this Section, will apply.

Section 2 - Extra Yard Service Employees:

(a) Each extra yard service employee, who meets the qualifications provided in paragraph (b) of this Section 2 shall receive one basic day's pay at the pro rata rate on any of the following enumerated holidays:

New Year's Day Labor Day

Washington's Birthday Veterans'Day (the day after Thanksgiving)

Good Friday Thanksgiving Day

Decoration Day Christmas Eve

Fourth of July Christmas Day

New Years Eve

 

Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the holiday the allowance of one basic day's pay shall be at the rate of pay of the first tour of duty worked.

Note: When any of the above-listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.

(b) To qualify, an extra yard service employee must:

(1) Perform yard service on the calendar days immediately preceding and immediately following the holiday, and be available for yard service the full calendar day on the holiday, or,

(2) Be available for yard service on the full calendar days immediately preceding and immediately following the holiday and perform yard service on such holiday, or,

(3) If such employee cannot qualify under Section 2(b) (1) or (b) (2), then in order to qualify he must be available for yard service an the full calendar days immediately preceding and immediately following and the holiday, or perform yard service an any one or more of such days and be so available on the other day or days, and compensation for yard service paid him by the carrier is credited on 11 or more of the 30 calendar days immediately preceding the holiday.

Note 1: An employee whose service status changes from an extra yard service employee to a regularly assigned yard service employee or vice versa on one of the qualifying days shall receive the basic day's pay provided in paragraph (a) of Section 2 provided (1) he meets the qualifications set forth in paragraph (b) of Section 2 on the day or days he is an extra yard service employee and (2) he meets the qualifications set forth in paragraph (b) of Section I on the day or days he is regularly assigned yard service employee, provided further, that a regularly assigned yard service employee who voluntarily changes his service status to an extra yard service employee on any of the 3 qualifying days shall not be entitled to receive the pay provided for in paragraph (a) of Section (2).

Note 2: For the purpose of Section 2, an extra yard service employee will be deemed to be available if he is ready for yard service and does not lay off of his own accord, or if he is required by the carrier to perform other service in accordance with rules and practices on the carrier.

Note 3: The term "extra yard service employee" shall include an extra employee on a common extra list protecting both road and yard service, except that an employee, while performing road service, shall not be regarded as being available for yard service, unless compensation for yard service paid him by the carrier is credited on 11 or more of the 30 calendar days immediately preceding the holiday.

Note 4: The term "yard service" as used herein applies only to yard service paid for on an hourly or daily basis and subject to yard rules and working conditions.

 

Section 3 - Rules Applicable to both Regular and Extra Yard Service Employees:

(a) Yard service employees who work on any of the ten specified holidays shall be paid at the rate of time and one-half for all services performed on the holiday with a minimum of one and one-half times the rate for the basic day.

(b) As used in this Article, the terms "work day", "calendar day" and "holiday" on which yard service is performed refer to the day to which service payments are credited.

(c) Nothing in this Article shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as amended, and Article 3 (Five-Day Work Week) of the Agreement of May 25, 1951, as amended.

(d) When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period.

(e) Not more than one time and one-half payment will be allowed, in addition to the "one basic day's pay at the pro rata rate," for service performed during a single tour of duty on a holiday which is also a work day or a vacation day.

(f) Special Qualifying Provision - Employee Qualifying for both Christmas Eve and Christmas Day. An employee who meets all other qualifying requirements will qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned employee) or the "calendar day" (for an extra or unassigned employee) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day", as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" after the holiday.

An employee who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions applicable to holidays generally.

GENERAL RULES - APPLIES TO ALL EMPLOYEES COVERED BY THIS AGREEMENT

RULE 68 - SENIORITY AND REDUCTION OF FORCE

(A) Yardmen-Trainmen will establish common seniority rights, on the entire Colorado and Southern Railway system, at the time of entering the service. Where two or more employees enter the service at the same day and hour, they will rank in accordance with the time the application is filed, which time will be recorded on the application.

(B) When the force is reduced, at any location, the junior yard man-trainman will be first relieved, and so on in turn, according to their seniority rights. A yardman-trainman so relieved will retain their seniority rights. A yardman-trainman so relieved will retain his seniority standing and shall be recalled to service when it becomes necessary to increase the force, except that an employee relieved at one location will be required to report at another location should the demands of the service require. He must report, at the other location, within forty-eight (48) hours after receipt of recall notice, unless he has secured outside employment, in which event he must report within five (5) days or forfeit his seniority, except in cases of bona fide illness.

(C) A yardman-trainman leaving the service of his own accord forfeits all seniority rights.

(D) The right to preference of work and promotion will be governed by seniority and capability. Merit being equal, the senior yardman-trainman will be given preference.

(E) It will be understood that the application of this Rule in regards to the promotion of yardmen-trainmen to assistant yardmaster or yardmaster, hereinafter collectively referred to as "yard-

masters", will be as follows:

(1) Yardmen-trainmen who have had not less than three years' experience as yardmen and including at least one year's service in the Denver yards as yardmen, desiring promotion to yardmaster positions, will file written application with the terminal trainmaster who will either approve or disapprove the application within five (5) days. If application is disapproved, the reasons for disapproval will be given in writing. If application is disapproved and yardman-trainman is not satisfied with such decision, he may within 30 days appeal the case for consideration between the officers of the company and committee representing yardmen. Such officers and authorized committee of the Union will either approve or disapprove the application. If such officers and committee are unable to reach an agreement, the question at issue will be subject to the usual appeal.

(2) Yardmen-trainmen whose applications have been disapproved may not file reapplication for consideration for promotion to yardmaster positions until the expiration of one year from the date of disapproval of their former application.

(3) Yardmen-trainmen whose applications have been approved will be eligible to bid on new positions or advertised vacancies of yardmaster positions. If no bids are received, the senior eligible yardman-trainman will be assigned. If he refuses to accept the assignment he will be disqualified for further work as a yardmaster for a period of one year.

(4) Yardmen-trainmen whose applications have been approved and are not assigned to yardmaster positions, will protect extra or relief yardmaster's work. They will express in writing to the terminal trainmaster, designating their desire to protect vacancies having starting times within the following periods: 6:30 a.m. to 12 noon; 12 noon to 6:30 p.m.; 6:30 p.m. to 12:01 a.m.; and 12:01 a.m. to 6:30 a.m.; and such vacancies will be filled by such senior eligible yardmen-trainmen. Yardmen-trainmen who refuse to protect such extra yardmaster's work will be disqualified for further work as yardmaster for a period of one year. If none of the yardmen-trainmen whose applications have been approved for yardmaster's work have designated their desire to protect vacancies within certain of these periods, the senior eligible yardman-trainman from the next prior period will be required to protect the vacancy.

(F) Yardmen-trainmen desiring promotion to Conductor will be governed by Rule 32.

 

RULE 69 - LEAVE OF ABSENCE

(A) Leave of absence will not be granted for more than ninety days, except in case of sickness or committee work. However, employees in the service of the company five years or more desiring leave of absence exceeding ninety days may make request to superintendent for extension not exceeding ninety days for each leave, total not to exceed nine months in any twelve months' period. Each individual case to be handled on its merits.

(B) Any trainmen absent on leave who engages in other employment will lose his seniority unless special provisions shall have been made therefor by the superintendent and committee.

(C) Trainmen who have been out of service exceeding nine months and later returned to service will be required to take physical examination and examination on rules before they are again allowed to return to service.

(D) Trainmen having obtained leave of absence will be required to give at least twelve hours' advance notice of their desire to resume work.

RULE 70 - INCORRECT TIME SLIPS

Should time slips be sent in and not allowed, timekeeper will advise trainmen, giving reasons why not allowed, over the signature of the superintendent.

RULE 71 - TIME LIMIT ON CLAIMS

(A) When complaints or claims are made, rules of the schedule must be specified.

(B) All claims and grievances, other than discipline cases, must be presented in writing by or on behalf of the employee involved, to the officer of the company authorized to receive same, within sixty (60) days from the date of the occurrence on which the claims or grievance is based, or such claim or grievance is barred and will be deemed to have been abandoned. Claims and grievances made within sixty (60) days from date of the occurrence and disallowed are barred and will be deemed to have been abandoned unless appeal is taken to the proper officer sixty (60) days from date of notice disallowing the claim or grievance.

(C) Initial decision or decision by each officer in the course of appeal, shall be made in writing within sixty (60) days from date claim or grievance is presented to him, or within sixty (60) days from date conference is concluded, if conference is had thereon. In cases of monetary claims, failure by any officer in the course of appeal to render a decision in writing within sixty (60) days will automatically make payment of the claim necessary without regard to the merits of the claim, but this shall not be considered as a precedent or a waiver to the contentions of the Carrier as to other similar claims or grievances. Appeal to any decision shall be made in writing within sixty (60) days from date of decision appealed, or claim or grievance shall be barred and will be deemed to have been abandoned, but this shall not be considered as a precedent or a waiver to the contentions of the employees as to other similar claims or grievances. The provisions of this paragraph do not apply to the highest officer designated to consider appeals.

(D) Decision by the highest officer designated by the company 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.

(E) This rule shall not apply to requests for leniency.

RULE 72 - COMPLAINTS

When complaint is made against an employee by another employee, same shall be fully set forth in writing.

RULE 73 - DISCIPLINE Revised 9-1-83

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN RAILROAD (Former C&S)

And

UNITED TRANSPORTATION UNION

 

It is agreed the provisions of Rule 73 of the Schedule Agreement are canceled in their entirety and the following provisions substituted in lieu thereof:

Rule 73 Investigations and Discipline

SECTION A. General Requirements

1. An employe shall not be discharged, suspended or otherwise disciplined without just cause and without a fair and impartial hearing, except that an employe may waive a hearing in accordance with Section B(2) of this Rule.

2. An employe shall not be held from service pending hearing except in serious cases, such as theft, altercation, Rule "G" violation, insubordination, major accidents, serious misconduct and major offenses whereby the employe's retention in service could be hazardous.

SECTION B. Formal Hearing

1. Notice of Hearing

(a) An employe directed to attend a formal hearing to determine the employe's responsibility, if any, in connection with an occurrence or incident shall be notified in writing by certified mail, return receipt requested, to the last known address within a reasonable period of time but not to exceed fifteen (15) days from the date of occurrence, or where the occurrence is of, a nature not immediately known to the employe's supervisor(s), from the time they first have knowledge thereof. The notice shall contain a clear and specific statement of the date, time, place and nature of the occurrence or incident that is to be the subject of the hearing.

The notice shall be sent in duplicate in order that the employe may transmit a copy to the employe's representative if the employe desires.

NOTE: This rule does not preclude delivery of the notice at reasonable times by a Carrier representative. Such delivery at the employe's home shall be made only when other means of delivery are not practicable.

(b) The notice shall state the date, time and place the hearing is to be held which shall be not less than five (5) days after the date of notification or more than fifteen (15) days after the date of notification unless otherwise agreed to.

(c) The Carrier will have the responsibility of producing sufficient witnesses to develop the facts concerning the Incident or occurrence being Investigated, and the notice of hearing shall Include the name of each person receiving the notice and the names of all witnesses known at the time of the notice that the Carrier intends to have in attendance at the hearing. The employe or the employe's representative may bring to the attention of the responsible Carrier official the name or names of other witnesses who may provide material facts.

(d) The notice shall inform each employe so notified of the right to representation and to bring in witnesses.

(e) If an employe who is to receive a notice of hearing will not be permitted to exercise the option under Section B(2) of this Rule, the notice of hearing shall so specify.

2. Waiver of Hearing

(a) An employe who has been notified to appear for a hearing shall have the option, prior to the hearing, to discuss with the appropriate Carrier official, either personally, through or with the employe's representative, the act or occurrence and the employe's responsibility, if any.

If disposition of the charges is made on the basis of the employe's acknowledgment of responsibility, the disposition shall be reduced to writing and signed by the employe and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline which may be imposed for employe's acceptance of responsibility.

Disposition of cases under this paragraph (a) shall not establish precedent in the handling of any other cases.

(b) No minutes or other record will be made of the discussions and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure.

3. Postponements of Hearing

Consistent with the provisions of Section A.1 for A fair and impartial hearing, postponements of the formal hearing may be requested by either party on reasonable grounds and consent shall not be unreasonably withheld.

 

4. Conduct of Hearing

(a) The hearing shall be conducted by an officer of the employing Carrier who may be assisted by other officers. If practicable to do so, the hearing shall be held at the home terminal of the employe involved or in cases where more than one employe is involved at the home terminal of the majority of the employes.

NOTE: When another Carrier is involved, this will not preclude an officer of that Carrier from conducting the hearing or assisting in the hearing recognizing, in any case, that there shall be only one presiding (hearing) officer.

(b) The employe shall have the right to be represented at the hearing by an employe or an organization representative of the employe's own choosing. The employe and/or the employe's representative shall have the right to introduce witnesses in the employe's behalf to hear all testimony introduced and to question all witnesses.

(c) An employe's personal service record will not be included in or referred to in the hearing or in the transcript of the proceedings of the hearing. The employe's personal record may be taken into consideration in assessing the amount of discipline imposed, if any.

(d) If the formal hearing is not held within the time limits specified in Section B.1(b), the employe will not be disciplined, will be paid for all time lost and no disciplinary entry will be made in the employe's personal service record.

(e) The employe and witnesses will be permitted time off if requested in order to have sufficient rest prior to and following the hearing.

SECTION C. Transcript of Hearing

It is recognized that the Carrier is responsible for ensuring that an accurate transcript of the hearing proceedings is made. However, this will not preclude the employe or employe's representative from making a record of the proceedings for their own use.

If, during the hearing, a partial transcript is made prior to conclusion of the hearing, such partial transcript will be made available to the employe and employee's representative upon request. If electronic recording devices are used and recordings are available for review by Carrier officials, they also shall be made available upon request for review by the employe and employe's representative at the appropriate Carrier facility.

In any cases where discipline is assessed, or in cases where discipline is not assessed but nevertheless there is a transcript, copy of the transcript will be Furnished to the employee and the employe's representative promptly upon request.

SECTION D. Hearing Decision

1. If the formal hearing results in assessment of discipline, such decision shall be rendered within fifteen (15) calendar days from the date the hearing is concluded, and the employe will be notified in writing of the reason therefor by certified or registered U. S. mail with additional copy provided for the employe representative.

NOTE: This rule does not preclude delivery of the decision at reasonable times by a Carrier representative. Such delivery at the employe's home shall be made only when other means of delivery are not practicable.

2. If the hearing does not result in discipline being assessed, any charges related thereto entered In the employe's personal service record shall be voided.

SECTION E. Compensation for Attending Hearings

1. Witnesses, as referred to in Section B.1.(c), who are directed by the Carrier to attend a hearing, shall be compensated for all time lost and, in addition, will be reimbursed for actual, reasonable and necessary expenses incurred for each day of the hearing. Where no time is lost, they will be paid for actual time attending the hearing, with a minimum of four (4) hours, to be paid for at the rate of pay applicable to the last service performed.

2. When an employe involved in a formal hearing is not assessed discipline, the employe shall be compensated for all time lost. In addition, the employe will be reimbursed for actual, reasonable and necessary expenses incurred for each day of the hearing. Where no time is lost, the employe shall be paid for actual time attending the hearing with a minimum of four (4) hours for each day of the hearing, to be paid for at the rate of pay applicable to the last service performed.

SECTION F. Time Limit on Appeals

1. When discipline has been assessed as a result of a formal hearing and the decision as rendered by the Carrier is not acceptable to the employe, any appeal must be presented in writing by or on behalf of the employe involved, to the officer of the Company authorized to receive same, within thirty (30) days from the date of notification of the assessment of discipline. Failing to comply with this provision, the decision shall be considered final, but this shall not be considered as a precedent or waiver of the contentions of the employee as to other discipline cases. The Carrier shall, within thirty (30) days from the date the appeal if filed, render a decision In writing on the appeal and, If the appeal is denied, the reasons for such denial shall be given. If no decision is rendered within thirty (30) days, the appeal shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other discipline cases.

2. The procedure outlined in paragraph 1 shall govern in appeals taken to each succeeding officer (*). Decision by the highest officer designated to handle discipline matters shall be final and binding unless within thirty (30) days after written notice of the decision, said officer is notified in writing that the decision is not accepted.

Thereafter, if conference is requested by either party, it will be held within thirty (30) days of date of decision, otherwise conference will be considered as having been waived by mutual consent. All appeals involved in a decision of the highest officer shall be barred unless within ninety (90) days from the date of said officer's decision proceedings are Instituted by the employe or the employe's duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the matter involved.

NOTE: (*) There shall not be more than two (2) succeeding officers involved in the appeals process. Where there is only one succeeding officer involved in the appeals process, there will be no change in that procedure by reason of this Section.

3. With respect to appeals involving an employe dismissed, suspended or held out of service, the original notice of request for re instatement with pay for time lost shall be sufficient.

4. If at any point in this appeals procedure or in proceedings before a tribunal having jurisdiction it is determined that the employe should not have been disciplined, any charges related thereto entered in the employe'e personal service record shall be voided and, If required to lose time or if held out of service (suspended or dismissed), the employe shell be reinstated with pay for all time lost and with seniority and other rights unimpaired.

5. If discipline assessed is by suspension, time lost by an employe when held out of service shall be deducted from the assessed period of suspension.

SECTION G Effect of Time Limits

The time limits set forth in this Article will govern the discipline procedure to the exclusion of any other rule, practice or agreement to the contrary, and such time limits may be extended by mutual agreement in writing.

SECTION H Effect of Agreement

This agreement shall become effective this 1st day of September 1983 and shall remain in effect until and unless changed in accordance with the provisions of the Railway Labor Act, as amended.

RULE 74 - ATTENDING COURT OR INQUEST

Employees covered by this agreement attending Court or Coroner's inquest resulting from accidents on our property in which the Railway Company is interested will be paid at the same rate they would have been entitled to, had they remained on their runs and if away from their home station will be allowed, in addition thereto, their legitimate expenses. Extra men not assigned will be paid 100 miles per day and, in addition thereto, their legitimate expenses. If witness fees and mileage are less than regular wage, employees will assign such fees and mileage to company.

RULE 75 - ELECTRIC LANTERN AGREEMENT

A. Trainmen-Yardmen will be furnished electric hand lantern by the particular railroad on which employed upon depositing with that railroad the actual cost thereof.

B. Replacement of lanterns will be made by the railroad without cost to the employee under the following conditions:

1. When worn out or damaged in the performance of railroad service upon return of the lantern issued by the railroad.

2. When stolen while employee is on duty without neglect on part of employee.

3. When destroyed in the performance of duty.

C. The railroad will maintain at convenient locations a supply of batteries and bulbs to be drawn by trainmen-yardmen as needed to replace those worn out or broken without cost to the employee.

RULE 76 - SELF-PROPELLED MACHINES: ARTICLE III,

JUNE 25, 1964 NATIONAL AGREEMENT

Section 1: The following shall govern the manning of self-propelled vehicles or machines by train service employees (conductors and brakemen) used in the maintenance, repair, construction or inspection work:

(a) Road Service -A conductor will be employed on on-rail self-propelled vehicles or machines when operating in main line territory, provided such machines are equipped with a drawbar and are operating under train orders.

Note 1: Self-propelled machines for the purpose of this Article means such equipment operated on rails.

Note 2: Drawbar means a device capable of being used in moving standard freight cars.

Note 3: Main-line territory means main line and branch lines in Road Territory outside of Switching limits but not spurs or the like.

Note 4: Train orders is used in the vernacular of trainmen as defined in the Operating Book of Rules.

(b) Yard Service - A yard conductor (foreman) will be employed on on-rail self-propelled vehicles or machines operating entirely within general switching limits provided such machines have sufficient power to move freight cars; and, if more than two cars are handled at any one time a yard brakeman (helper) will also be employed.

This provision will not apply to the operation of self-propelled vehicles or machines in confined areas such as shop tracks, supply areas, tie yards and so forth, except that with respect to such self-propelled machines now working in the confined areas where rules or practices require the employment of a yard ground man, such rules and practices are preserved and the yard conductor's (foreman's) rate will apply to this service.

Section 2: Rules or practices under which a locomotive engineer or fireman where presently required, is employed on on-rail self-propelled vehicles or machines for the purpose of operating the machine in the performance of all the work for which such machines are designed are retained.

Section 3: Except under the conditions herein specifically prescribed, operating employees need not be used on self-propelled vehicles or machines. It should be noted in addition that this Agreement does not alter any existing rules or practices except as specifically stated herein.

Section 4: Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7 (a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump-sum separation allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans' Readjustment Assistance Act of 1952), with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. When-ever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits.

Section 5: Nothing contained in this Article III shall be construed to require the employment of engine and train service employees where not now required.

RULE 77 - JURY DUTY, NATIONAL AGREEMENT AUGUST 25, 1978

When an employee is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum of a basic day's pay at the straight time rate of his position for each calendar day lost less the amount allowed him for jury service for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitations:

(1) An employee must furnish the carrier with a statement from the court of jury allowances paid and the days on which jury duty was performed.

(2) The number of days for which jury duty pay shall be paid is limited to a maximum of 60 days in any calendar year.

(3) No jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay.

RULE 78 - EXPENSES AWAY FROM HOME

Effective October 1, 1978, the meal allowance provided for in Article 11, Section 2, of the June 25, 1964 National Agreement, as amended by Article XI, Section 2, of the January 27, 1972 National Agreement, is increased from $2.00 to $2.75.

RULE 79 - APPLICATION FOR EMPLOYMENT

Section I - Probationary Period

Applications for employment will be rejected within sixty (60) calendar days after seniority date is established, or applicant shall be considered accepted. Applications rejected by the carrier must be declined in writing to the applicant.

Section 2 - Omission or Falsification of Information

An employee who has been accepted for employment in accordance with Section I will not be terminated or disciplined by the carrier for furnishing incorrect information in connection with an application for employment or for withholding information there-from unless the information involved was of such a nature that the employee would not have been hired if the carrier had timely knowledge of it.

RULE 80 - SERVICE ENTRY RATES

Section 1 - Service First 12-Months

Employees entering service on and after the effective date of this Article shall be paid as follows for all service performed within the first twelve (12) calendar months of service when working in a capacity other than conductor (foreman), footboard yardmaster, yardmaster, car retarder operator or engineer:

(a) For the first twelve (12) calendar months of employment, new employees shall be paid 90% of the applicable rates of pay (including COLA) for the class and craft in which service is rendered, exclusive of arbitraries and/or special allowances which shall be paid at the full amount.

(b) Employees who have had an employment relationship with the carrier and are rehired will be paid at established rate after completion of a total of twelve (12) months' combined service.

(c) Train service employees who transfer to the fireman craft will be paid at established rates after completion of a total of twelve (12) months' combined service, in both crafts.

(d) Any calendar month in which an employee does not render compensated service due to voluntary absence, suspension, or dismissal shall not count toward completion of the twelve (12) month period.

RULE 81 - ROAD-YARD MOVEMENTS, AS AMENDED AUGUST 25, 1978

(See amendments of October 31, 1985 and November 1, 1991.)

Article IX, Section I of the Agreement of January 27, 1972 is amended to read as follows:

Section 1. Road freight crews may be required at any point where yard crews are employed to do any of the following as part of the road trip, paid for as such without any additional compensation and without penalty payments to yard crews, hostlers, etc.: one straight pick up at another location in the initial terminal (in addition to picking up train) and one straight set out at another location in the final terminal (in addition to yarding the train); one straight pick up and/or set out at each intermediate point between terminals; switch out defective cars from their own trains regardless of when discovered; handle engines to and from train to ready track and engine house including all units coupled to the operating unit (units); pick up and set out cars of their trains from or to the minimum number of tracks which could hold the cars provided, however, that where it is necessary to use two or more tracks to hold the train it is not required that any track be filled to capacity; and exchange engine of its own train.

RULE 82 - COMBINATION ROAD-YARD SERVICE ZONES

Section 1. At points where yard crews are employed, combination road-yard service zones may be established within which yard crews may be used to perform specified service outside of switching limits under the following conditions:

(a) Road-Yard Service Zones for industrial switching purposes are limited to a distance not to exceed ten (10) miles, or the entrance switch to the last industry, whichever is the lesser. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise.

(b) Within Road-Yard Service Zones, yard crews may be used only to meet customer service requirements for the delivery, switching, or pick up of cars which were not available or ready for handling by the road crew or crews normally performing the service or which are required to be expedited for movement into the yard before arrival of said road crew or crews. Yard crews may be used to perform such service without any additional compensation and without penalty payments to road crews.

Note: The use of yard crews in Road-Yard Service Zones is restricted to the specific service required or requested by the customer and they may not be used indiscriminately to perform any other additional work.

(c) The use of yard crews in Road-Yard Service Zones established under this Article may not be used to reduce or eliminate road crew assignments working within such zones.

Section 2. At points where yard crews are employed, combination road-yard service zones may be established within which yard crews may be used to perform specified service outside of switching limits under the following conditions:

(a) Road-Yard Service Zones for purposes of this Section 2 are limited to a distance not to exceed fifteen (15) miles for the purpose of handling disabled trains or trains tied up under the Hours of Service Act. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise.

(b) Within Road-Yard Service Zones, yard crews may be used to handle disabled road trains or those tied up under the Hours of Service Act outside their final terminal without penalty to road crews. For such service yard crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switching limits.

Section 3. Time consumed by yard crews in Road-Yard Service Zones established under this Article will not be subject to equalization as between road and yard service crews and/or employees.

 

ZONES ESTABLISHED SHOWING MILE POST LOCATIONS:

At Denver the Road-Yard Service Zone for industrial switching purposes is hereby established:

Mile Post 3.75 on the Second Subdivision Mainline

Mile Post 4.67 on the Third Subdivision Branch Line

At Denver for handling disabled road trains or those tied up under the law, the following Road-Yard Service Zone is hereby established:

Mile Post 18.75 on the Second Subdivision Mainline

Mile Post 15.86 on the Third Subdivision Branch Line

At Trinidad, for handling disabled road trains or those tied up under the law, the following Road-Yard Service Zone is hereby established:

Mile Post 197.6 on the First Subdivision Mainline

Mile Post 227.6 on the First Subdivision Mainline

RULE 83 - SWITCHING LIMITS - DENVER-TRINIDAD

DENVER

Denver-Pueblo Line Mile Post 6.84

Denver-Chatfield Line Mile Post 7.968

Denver-Connors Line Mile Post 8.508

Denver-Cheyenne Line Mile Post 3.75

Denver-Golden Line Mile Post 4.67

TRINIDAD

Trinidad-Sixela Line Mile Post 215.40

Trinidad-Pueblo Line Mile Post 206.28

RULE 84 - BEREAVEMENT LEAVE

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee's brother, sister, parent, child, spouse or spouse's parent. In such cases a minimum basic day's pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner.

RULE 85 - VACATION AGREEMENT

Dated April 29, 1949, between certain Eastern, Western and Southeastern Carriers and their employees 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, as amended:

Section 1 (a)-Effective January 1, 1973, 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.

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section I (a) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.3 days, and each basic day in all other services shall be computed as 1.1 days, for purposes of determining qualifications for vacations. (This is the equivalent of 120 qualifying days in a calendar year in yard service and 144 qualifying days in a calendar year in road service.) (See Note below.)

Beginning with the year 1960 on all other carriers, in the application of this Section I(a) each basic day in all classes of service shall be computed as 1.1 days for purposes of determining qualifications for vacation. (This is the equivalent of 144 qualifying days.) (See Note below.)

Section 1 (b)-Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having two 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 two or more years of continuous service renders service of not less than three hundred twenty (320) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(b) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.4 days, and each basic day in all other services shall be computed as 1.2 days, for purposes of determining qualifications for vacations. (This is the equivalent of 110 qualifying days in a calendar year in yard service and 132 qualifying days in a calendar year in road service.) (See Note below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(b) each basic day in all classes of service shall be computed as 1.2 days for purposes of determining qualifications for vacation. (This is the equivalent of 132 qualifying days.) (See Note below.)

(c) Effective January 1, 1982, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having nine 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 organization 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 nine or more years of continuous service renders service of not less than fourteen hundred forty (1440) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(c) each basic day in yard service performed by a yard

service employee or by an employee having interchangeable road and yard rights shall be computed as

1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar

year in yard service and 120 qualifying days in a calendar year in road service.) (See Note below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(c) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See Note below.)

(d) Effective January 1, 1982, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having eighteen or more years of continuous service with employing carrier will be qualified for an annual vacation of four weeks with pay, or pay in lieu thereof, (160) basic days in miles or hours paid for as provided in individual schedules and during the said eighteen or more years of continuous service renders service of not less than twenty-eight hundred eighty (2880) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1 (d) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See Note below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(d) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See Note below.)

(e)-Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having twenty-five or more years of continuous service with employing carrier will be qualified for an annual vacation of five 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 twenty-five or more years of continuous service renders service of not less than four thousand (4,000) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section I(e) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See Note below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(e) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days ) (See Note below.)

Note: In the application of Section 1(a), (b), (c), (d) and (e), qualifying years accumulated, also qualifying requirements for years accumulated, prior to the effective date of the respective provisions hereof, for extended vacations shall not be changed.

(f) In dining car service, for service performed on and after July 1, 1949 - each 71/2 hours paid for shall be considered the equivalent of one basic day in the application of Section 1(a), (b), (c), (d) and (e).

(g) 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.

The 60 and 30 calendar days referred to in this Section 1 (g) shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations provided for in Section 1(a), (b), (c), (d) and (e), respectively.

(h) 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 three hundred twenty (320) basic days under Section 1 (b), sixteen hundred (1600) basic days under Section 1 (c), thirty-two hundred (3200) basic days under Section 1 (d), and four thousand (4,000) basic days under Section 1 (e).

(i) 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.

(j) In instances where employees who have become members of the Armed Forces of the United States return to the service of the employing carrier in accordance with the Military Selective Service Act of 1967, as amended, the time spent by such employees in the Armed Forces subsequent to their employment by the employing carrier will be credited as qualifying service in determining the length of vacations for which they may qualify upon their return to the service of the employing carrier.

(k) In instances where an employee who has become a member of the Armed Forces of the United States returns to the service of the employing carrier in accordance with the Military Selective Service Act of 1967 as amended, and in the calendar year preceding his return to railroad service had rendered no compensated service or had rendered compensated service on fewer days than are required to qualify for a vacation in the calendar year of his return to railroad service, but could qualify for a vacation in the year of his return to railroad service if he had combined for qualifying purposes days on which he was in railroad service in such preceding calendar year with days in such year on which he was in the Armed Forces, he will be granted, in the calendar year of his return to railroad service, a vacation of such length as he could so qualify for under Section 1(a), (b), (c), (d) or (e) and (j) hereof.

(I) In instances where an employee who has become a member of the Armed Forces of the United States returns to the service of the employing carrier in accordance with the Military Selective Service Act of 1967, as amended, and in the calendar year of his return to railroad service renders compensated service on fewer days than are required to qualify for a vacation in the following calendar year, but could qualify for a vacation in such following calendar year if he had combined for qualifying purposes days on which he was in railroad service in the year of his return with days in such year on which he was in the Armed Forces, he will be granted, in such following calendar year, a vacation of such length as he could so qualify for under Section 1(a), (b), (c), (d) or (e) and (j) hereof.

Section 2 - Employees qualified under Section 1 hereof shall be paid for their vacations as follows:

GENERAL

(a) An employee receiving a vacation, or pay in lieu thereof, under Section 1 shall be paid for each week of such vacation 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 (i) ) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay for each week of vacation be less than six (6) minimum basic days' pay at the rate of the last service rendered, except as provided in subparagraph (b).

(b) Beginning on the date Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, became or becomes effective on any carrier, the following shall apply insofar as yard service employees and employees having interchangeable yard and road rights covered by said agreement, who are represented by the Brotherhood of Locomotive Engineers or the United Transportation Union, are concerned.

YARD SERVICE

(1) An employee receiving a vacation, or pay in lieu thereof, under Section 1 shall be paid for each week of such vacation 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 (i) ) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay 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 (i) ) 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 for each week of vacation 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 for each week of vacation shall be not less than five (5) minimum basic days' pay at the rate of the last yard service rendered.

Note: Section 2(b) applicable to yard service shall apply to yard, belt line and transfer service and combinations thereof, and to hostling service.

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 of 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 - The vacation provided for in this Agreement shall be considered to have been earned when the employee has qualified under Section 1 hereof. If an employee's employment status is terminated for any reason whatsoever, including but not limited to retirement, resignation, discharge, non-compliance with a union shop agreement, or failure to return after furlough, he shall, at the time of such termination, be granted full vacation pay earned up to the time he leaves the service, including pay for vacation earned in the preceding year or years and not yet granted, and the vacation for the succeeding year if the employee has qualified therefor under Section 1. If an employee thus entitled to vacation or vacation pay shall die, the vacation pay earned and not received shall be paid to such beneficiary as may have been designated, or, in the absence of such designation, the surviving spouse or children or his estate, in that order of preference.

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. 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.

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 far decision to a committee, the carrier members of which shall be five members of the Carrier's 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, 1949 - December 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.

MEMORANDUM - Chicago, Illinois, April 29, 1949

Referring to agreement, signed this date, between employees represented 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, and Carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees, with respect to vacations with pay:

In computing basic days in miles or hours paid for, as provided in Section I of said agreement, the parties agree that the following interpretations shall apply:

1. A trainman in passenger service, on a trip of 300 miles, upon which no overtime or other allowances accrue, will be credited with two basic days.

2. An employee in freight service on a run of 125 miles, upon which no overtime or other allowances accrue, will be credited with 1 1/4 basic days.

3. An employee in freight service on a run of 125 miles, with total time on duty of 14 hours on the trip, will be credited with l 3/4 basic days.

4. An employee in yard service working 12 hours will be credited with 1 1/2 basic days.

5. An employee in freight service, run-around and paid 50 miles for same, will be credited with 1/2 basic day.

6. An employee in freight service, called and released and paid 50 miles for same, will be credited with 1/2 basic day.

7. An employee in freight service, paid no overtime or other allowances, working as follows:

1st trip .............................150 miles

2nd trip ............................140 miles

3rd trip .............................120 miles

4th trip .............................150 miles

5th trip .............................140 miles

Total ...............................700 miles

will be credited with seven basic days,

8. An employee in freight service makes trip of 40 miles in 4 hours or less, for which he is paid 100 miles, will be credited with 1 basic day.

9. An engineman in passenger service makes a trip of 100 miles or less in 5 hours, will be credited with 1 basic day.

10. An engineman in short-turn-around passenger service, makes a trip of 100 miles or less, on duty eight hours within a spread of nine hours will be credited with 1 basic day.

11. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, on duty eight hours with a spread of nine hours, will be credited with 1 basic day.

12. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, total spread of time 10 hours, on duty eight hours within first nine hours, will be credited with 1 1/8 basic days.

13. An employee in freight service, deadheading is paid 50 miles for same, will be credited with 1/2 basic day.

14. An employee is paid eight hours under the held-away-from-home terminal rule, will be credited with 1 basic day.

15. An employee is allowed one hour as arbitrary allowance, will be credited with 1/8 basic day.

/s/ A. Johnston, Grand Chief Engineer, Brotherhood of Locomotive Engineers

/s/ C. J. Goff, Asst. President, Brotherhood of Locomotive Firemen and Enginemen

/s/ R. O. Hughes by J. P., Vice President, Order of Railway Conductors

/s/ A. F. Whitney, President, Brotherhood of Railroad Trainmen

/s/ A. J, Glover, Intl. President, Switchmen's Union of North America

/s/ D. P. Loomis, Chairman, Western Carriers' Conference Committee

/s/ H. A. Enochs by S. M. F., Chairman, Eastern Carriers' Conference Committee

/s/ H. A. Benton, Chairman, Southeastern Carriers' Conference Committee

RULE 86 - SENIORITY LIST

Employees covered by this agreement shall have access at all times to a seniority list to be posted in a convenient place at all yard offices, and the list shall be corrected at least each six months. Two copies each to be furnished the general and local chairmen.

RULE 87 - SENIORITY RETAINED

Employees promoted to an official or supervisory position with the company, Burlington Northern or Subsidiary Lines or with the United Transportation Union shall be granted necessary leave of absence and shall retain and continue to accumulate seniority rights as provided for the employees covered under this agreement and his name shall appear on the appropriate seniority rosters.

RULE 88 -COPY OF AGREEMENT

The Colorado and Southern Railway Company agrees to furnish each employee covered by this agreement with a copy of this schedule, if requested, free of charge. Employees will be required to receipt for the schedule agreement and must return it to the Superintendent or Trainmaster upon leaving the service.

RULE 89 - APPROVAL OF INTERPRETATIONS

All interpretations on this agreement shall be approved by the operating officials whose signatures are attached hereto, or their successors, and the General Chairman of the United Transportation Union.

RULE 90 - SERVICE LETTER

When trainmen leave the service they shall be furnished a letter, if requested, signed and stamped by the superintendent, giving time of service and the capacity employed.

RULE 91 - DURATION OF AGREEMENT

This agreement shall continue in effect until changed in accordance with the provisions of the Railway Labor Act, as amended.

ACCEPTED FOR UNITED TRANSPORTATION UNION:

A. S. Driver, General Chairman

ACCEPTED FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

D. M. Tisdale, Director - Labor Relations

Dated at Denver, Colorado, this 1st Day of September, 1980.

 

 

 

APPENDIX 1

September 14, 1953 TR-1532

YD-175

Mr. E. B. Boggs, Vice President

Brotherhood Railroad Trainmen,

Denver, Colorado

Mr. J. A. McNamara, General Chairman,

Brotherhood Railroad Trainmen,

Denver, Colorado

Gentlemen:

Referring to our letter September 8th, Trainmen's Case No. 1532 - Yardmen's Case 175, concerning Superintendents' Notice in regard to arrangements for lay-offs. Please cancel our letter of September 8th.

In our meeting, we advised you that the arrangements for layoffs were managerial matters and that we had a right to make arrangements for lay-offs.

We will request the Superintendents to change their notice to provide in part, as follows:

Trainmen, enginemen and yardmen may orally make arrangements with crew callers, PRIOR TO BEING CALLED, to "lay off" not to exceed fifteen days. Such "lay offs" will be granted if conditions permit. If, in the opinion of the crew callers, conditions will not permit employees to lay off for a period not to exceed fifteen days, they will not be permitted to "lay off" unless oral arrangements are made with the Superintendents, Trainmaster, General or Division Foreman, or Road Foreman of Engines, prior to being called. Crew callers will keep an accurate record of all oral "lay offs" granted by them.

Any "lay offs" in excess of fifteen days must be for an agreed period and a definite understanding in writing must be made between the employees desiring to lay off and the Superintendents, Trainmaster, General or Division Foreman; or Road Foreman of Engines.

Trainmen, enginemen and yardmen "laying off" who do not report for service an or before the expiration of the fifteen days will be considered as being absent without authority, except that when failure to report on time is the result of unavoidable delay, the "lay off" may be extended to include such delay.

Yours very truly,

(Signed) J. D. WALKER

 

APPENDIX 2

MEMORANDUM OF AGREEMENT

Memorandum of Agreement between The Colorado and Southern Railway Company, hereinafter called the "Carrier" and the Brotherhood of Railroad Trainmen, hereinafter called the "Organization."

In disposition of all the issues involved in connection with the Union Membership notice served upon the Carrier on March 15, 1951, by the Organization, under Section 6 of the amended Railway Labor Act, it is agreed that:

1. Within sixty (60) days following the first day of compensated service or sixty (60) days following the effective date of this agreement, whichever is later, each employee who is subject to the provisions of the collective agreement between the parties hereto, applicable to Road Conductors and Trainmen, bearing date of May 1, 1924, or the agreement between the parties hereto, dated February 1, 1951, applicable to Yardmen, or agreement dated February 1, 1951, applicable to Yardmasters at Denver, Colorado, shall as a condition of continued employment, become and remain a member of the Organization.

Provided: That this agreement shall not require such condition of employment in the case of employees to whom Organization membership is not available upon the same terms and conditions as are generally applicable to other members, or in the case of an employee to whom membership has been denied or terminated for any reason other than failure of the employee to pay the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership.

Provided further. That any employee who is subject to the provisions of said collective agreements need not become a member of or retain membership in the Organization party hereto if he shall hold or acquire membership in any one of the Railway Labor Organizations, national in scope, organized in accordance with the Railway Labor Act, and admitting to membership employees of a craft or class engaged in the services or capacities within the jurisdiction of the First Division of the National Railroad Adjustment Board. Any Road Conductor, Trainman or Yardman (including Yard-masters at Denver, Colorado) who is employed as such on the effective date of this agreement, who is not a member of a labor Organization, national in scope, organized in accordance with the Railway Labor Act as amended and admitting to membership Road Conductors, Trainmen, Yardmen or Yardmasters, may, at the option of the Brotherhood of Railroad Trainmen, as a condition of continuing his employment, be required to become a member of the Organization party hereto, in conformity with the requirements of Section 1 hereof.

2. Upon receipt of a demand from the Organization party hereto, served in accordance with the requirements of Section 3 of this agreement, that an employee be removed from the Carrier's service for failure to pay the periodic dues, initiation fees or assessments referred to in Section 1 hereof, the Carrier will cause such action to be taken within thirty (30) days from the date of receipt of such demand (if it is not in the interim withdrawn) except in the case of an employee for whom replacement is not available or cannot be made available, in which case the employee referred to in the demand of the Organization may be continued in service until he can be relieved.

Provided:

(a) No such demand shall be served until thirty (30) days have elapsed after return to the Carrier's service of an employee who has been absent from duty following:

1. A properly approved leave of absence of thirty (30) days or more, or

2. Disability of thirty (30) days or more resulting from sickness or injury.

(b) No such demand shall be served until thirty (30) days have elapsed subsequent to the return of an employee to service in a class or craft covered by the collective agreements between the parties hereto who holds seniority therein, from employment in a supervisory or official capacity.

(c) No such demand shall be served at any time involving an employee whom the Carrier is required by State or Federal statute to retain in its service.

3. The demand for the removal of an employee from the Carrier's service under the provisions of Sections 1 and 2 hereof must be on the form attached hereto as Appendix A. Such demands must be served upon the highest officer of the Carrier who is designated to handle claims and grievances involving employees represented by the Organization Party hereto, and must be signed by that Organization's General Chairman.

4. Rules pertaining to grievances, discipline and investigations shall not be applicable to employees who are dismissed from the Carrier's service under the provisions of this agreement.

5. Neither this agreement nor any provision contained therein shall be used as a basis for time or money claims against the Carrier, nor shall any provision of any other agreement between the parties hereto be relied upon in support of any claim that may arise as a result of the application of this agreement.

The provisions of this agreement shall become effective September 15, 1951, and shall continue thereafter subject to automatic termination upon the serving of thirty (30) days' written notice by one party upon the other party.

Signed at Denver, Colorado, this 6th day of September, 1951.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ J. A. McNamara, General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

/s/ J. D. Walker, Assistant Vice President and General Manager

 

 

 

FORM A

Mr...................................................................

.....................................................................

.....................................................................

Demand for Removal of an Employee from the Carrier's Service. (Organization) hereby demands of (Carrier) that said Carrier remove (Employee) (Occupation) (Department) (Location) from its service for failure to become and remain a member of (Organization) and for failure to hold or acquire membership in any one of the organizations described in the second proviso of Section 1 of the agreement of (date), covering the subject of dismissal from service for failure to pay periodic dues, etc., and represents and warrants that membership in (organization) has been, during the periods of time specified in said agreement, and is now available to said (Employee) upon the same terms and conditions as are generally applicable to any other member thereof; and represents and warrants that membership of said (Employee) in (Organization) has been denied or terminated as of (date), solely for the reason that said named employee has failed and now continues to fail to tender to said named Organization the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in (Organization), as contemplated by the above referred to agreement of (Date) (Organization) By its (Seal)

Copy to: (Name of Employee involved)

(Street Address)

(City), (State)

APPENDIX 3

Dues Deduction Agreement between The Colorado and Southern Railway Company and Employees Thereof subject to representation by the Brotherhood of Railroad Trainmen, effective October 1, 1955.

The Brotherhood of Railroad Trainmen (hereinafter called the "Brotherhood") has requested that The Colorado and Southern Railway Company (hereinafter referred to as the "Carrier") withhold and deduct from the wages of such of its employees employed in train and yard service and as Yardmasters and Dining Car Stewards, who are members of the Brotherhood, monthly membership dues, initiation fees, assessments and insurance premiums and to pay over to the Brotherhood the amounts so deducted and withheld, less amounts provided for by Section 4 herein.

Section 1: (a) Subject to the terms and conditions of this agreement, the Carrier shall periodically deduct from the wages of the employees subject to this agreement, who acquire and maintain membership in the Brotherhood, amounts equal to the periodic dues, initiation fees, assessments and insurance premiums (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in the Brotherhood and shall pay the amount so deducted to the designated Treasurer of the Brotherhood; provided, however, that this requirement shall not be effective with respect to any individual employee until he shall have furnished the Carrier with a written wage assignment authorization to the Brotherhood of such membership dues, initiation fees, assessments and insurance premiums, which wage assignment authorization shall be revocable in writing after the expiration of one year from the date of its execution, or upon the termination of this agreement, or upon the termination of the Rules and Working Conditions Agreement between the parties hereto applicable to employees in Train and Yard Service, Yardmaster and Dining Car Steward Service, whichever occurs sooner.

(b) The wage assignment authorization shall be in the form attached hereto and identified as Attachment A which by this reference is made a part hereof.

(c) The revocation of the wage assignment authorization shall be in the form attached hereto and identified as Attachment B which by this reference is made a part hereof.

(d) Both the wage assignment authorization and the revocation of the wage assignment authorization forms shall be provided by and at the expense of the Brotherhood and shall be subject to approval by the Carrier.

(e) The Brotherhood shall assume full responsibility for the procurement and execution of the wage assignment authorization or the wage assignment authorization revocation and for delivery of such forms properly compiled to the General Auditor - Denver, Colorado.

Section 2: (a) The Treasurer of each lodge of the Brotherhood shall furnish to the General Auditor of the Carrier, not later than the 5th of each month, but earlier if possible, a certified statement in triplicate showing the name, the Railroad Retirement Account number, the division on which employed, and gross amount to be deducted from the wages of each member who has signed a wage assignment farm, and which form has been filed with the Carrier.

(b) Deductions will be made from the wages earned in the first pay period of the month for which the statement specified in Section 2(a) is furnished. The following payroll deductions will have priority over deductions in favor of the Brotherhood, as provided for in this agreement:

1. Federal, state and municipal taxes and other deductions required by law, including garnishments and attachments.

2. Amounts due the Carrier.

3. Insurance and hospitalization premiums.

4. Amounts due in payment far meal books, watches and board or lodging deduction orders.

(c) If the earnings of an employee are insufficient to remit the full amount of deduction for such employee, no deduction shall be made, and the same will not be accumulated on any subsequent statement furnished by the Treasurer of the Brotherhood.

(d) No deductions will be made from other than the regular payrolls.

(e) This agreement shall cease to apply to any employee who may be adjudicated bankrupt or insolvent under any federal or state laws, and any wage assignment authorization given hereunder shall become void.

Section 3: In the event the Carrier makes any change in the accounting system or procedure, the Brotherhood will be notified of such change, and advised to whom authorizations, revocation, and deduction lists are to be delivered.

Section 4: In consideration of the services herein described and to pay for the expense of administration, the Carrier will retain from the sum of all deductions made in each month ten (10) cents per member from whom a deduction is made in such month and will remit to the Treasurer of each lodge the balance due the Brotherhood of the amount deducted from the wages of the members listed by the respective Treasurers. The Carrier will make such remittance not later than the 5th day of month following in which the deduction is made.

Section 5: Erroneous deductions will be adjusted by the Brotherhood. If a question arises as to the amount deducted, the member concerned will handle such matter direct with the Treasurer of his lodge.

Section 6: No part of this agreement or any other agreement between the Carrier and the Brotherhood shall be used either directly or indirectly as a basis for any grievance or claim by or in behalf of any employee predicated upon any violation of, or misapplication or non-compliance with, any part of this agreement.

Section 7: The Brotherhood shall indemnify, defend and save harmless the Carrier from any and all claims, demands, liability, losses or damage resulting from the execution of, or compliance with the provisions of this agreement.

Section 8: This agreement shall become effective October 1, 1955 and shall remain in effect until modified or changed in accordance with the provisions of the Railway Labor Act, as amended.

Signed at Denver, Colorado, this 29th day of July, 1955.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ J. A. McNamara, General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

/s/ R. D. Wolfe, Assistant to Vice President( Labor Relations)

ATTACHMENT A

Wage Assignment Authorization

TO: The Colorado and Southern Railway Company.

I hereby assign to the United Transportation Union that part of my wages necessary to pay my monthly union dues, initiation fees, assessments and insurance premiums (not including fines and penalties) as reported to the General Auditor, The Colorado and Southern Railway Company, by the Treasurer of United Transportation Union, Local No.___________, in monthly statements certified by him as provided for in the Dues Deduction Agreement entered into between The Colorado and Southern Railway Company and its employees represented by the United Transportation Union, effective October 1, 1955, and I hereby authorize The Colorado and Southern Railway Company to deduct from my wages all such sums and remit them to the Treasurer of my local _________of the

United Transportation Union in accordance with the said Dues Deduction Agreement. This authorization may be revoked in writing by the undersigned at any time after the expiration of one year from the date of its execution, or upon the termination of the said Dues Deduction Agreement, or upon the termination of the Rules and Working Conditions Agreement between The Colorado and Southern Railway Company and United Transportation Union governing employees in train, yard, dining car and other service, whichever occurs sooner.

Signature ...........................................................

Home Address ....................................................

Railroad Retirement Account Number ...................

UTU Local No... .................................................

Location ............................................................

Date ..................................................................

ATTACHMENT B

Wage Assignment Revocation, United Transportation Union

To: The Colorado and Southern Railway Company

Effective ............, 19...., I hereby revoke the wage assignment authorization now in effect assigning to the United Transportation Union that part of my wage necessary to pay my monthly dues, initiation fees, assessments and insurance premiums now being withheld pursuant to the Dues Deduction Agreement effective October 1, 1955, between the Colorado and Southern Railway Company to deduct such monthly union dues, initiation fees, assessments and insurance premiums from my wages.

Signature ...........................................................

Home Address ....................................................

Railroad Retirement Account Number ...................

UTU Local No. ........... Location ..........................

Date ..................................................................

APPENDIX 4

The Colorado and Southern Railway Company

March 16, 1953

340-Opr.

Mr. J. A. McNamara, General Chairman,

Brotherhood of Railroad Trainmen,

Denver, Colorado

Dear Sir:

Referring to our various letter, ending with yours March 9th, and our meeting March 12th, in regard to the operation of the so called Remaco Industrial Spur:

It was agreed that this industrial spur will be operated, during the term that C&S will be in charge of the operation, as a part of the C&S Denver Yard and C&S Denver Yard crews will perform necessary service on this line during that period in conjunction with service in other parts of C&S Yard, handling all cars for the Associated Railroads that are destined to or originate on this industrial Spur.

It was further agreed that during period of C&S operation, the Agreement between the Colorado and Southern Railway Company and the Brotherhood of Railroad Trainmen - providing for Schedule of Rates of Pay, Rules and Regulations for Yardmen - will apply to crews used on this Remaco Industrial Spur, the same as in other parts of Denver Yard.

It was further agreed that when crews are dispatched to operate on this industrial spur, they will be provided with a caboose, except that a caboose will not be furnished when a special movement is made.

Further, it was understood that if the line was extended beyond so-called Morningside to Golden, we would enter into negotiations as to whether Yardmen or Fort Collins District Trainmen would be used to perform operation on this extended industrial spur during periods that C&S would be in charge of the operation.

It was further understood that cars of the Associated Railroads would be delivered to the C&S, during C&S period of operation, through regular source of interchange. For the time being, Rock Island-D&RGW car will be delivered to C&S through the regular D&RGW-C&S interchange, and car to be returned to them through the regular C&S-D&RGW interchange. However, D&RGW may later elect to deliver and receive D&RGW-RI cars at present D&RGW- D&IM interchange near West Myrtle and Quivas Street.

Will you please acknowledge approval of these understandings.

Yours very truly

/s/ J. D. Walker.

P. S. I am attaching hereto copy of General Chairmen Madden, Speas and Tallmon's letters, which you requested, approving the understanding that C&S Denver Yard Enginemen would perform service on this industrial spur as a part of their Denver Yard operation.

J. D. W.

General Grievance Committee Brotherhood of Railroad Trainmen

209 Cooper Bldg.

Denver 2, Colorado,

March 16, 1953

Mr. J. D. Walker,

Assistant Vice President and General Manager,

The Colorado and Southern Railway Company

500 C. A. Johnson Building

Denver 2, Colorado

Dear Sir:

This will acknowledge receipt of your letter dated March 16, 1953, regarding the operation of so-called Remaco Industrial Spur with C&S Yard crews as a part of their Denver Yard operation.

This is to advise that the contents of your letter reflects the understanding reached in conference and this will confirm that understanding and our approval of same.

Yours truly,

/s/ J. A. McNamara

General Chairman

APPENDIX 5

Memorandum of Agreement between The Colorado and Southern Railway Company and The Brotherhood of Railroad Trainmen.

THE PARTIES HERETO MUTUALLY AGREE THAT:

1. All employees coming within the scope of agreements between the parties who have heretofore attained age of seventy (70) years, or who shall attain the age of seventy (70) years on or before December 31, 1959, shall have their seniority rights acquired under the rules and working agreements between the parties terminated on December 31, 1959.

2. Employees who shall attain the age of seventy (70) years after December 31, 1959, shall have their seniority rights acquired under the rules and working agreements between the parties terminated on the last day of the calendar month in which they attain the age of seventy (70) years.

3. After the seniority of an employee has been terminated as provided herein, his name shall be stricken from the seniority roster or rosters provided for by said rules and working conditions agreements, and such person shall not be permitted to work or be re-employed by the Carrier in service coming under the rules and working conditions agreements between the parties signatory hereto.

4. It is understood that an employee on a run which does not return to the home terminal each day and who is at the away-from-home terminal at the end of the day on which his seniority is to be terminated, will be permitted to work his turn or assignment back to the home terminal.

5. Neither this agreement nor any provision contained herein, nor any application thereof, shall be considered or used as a basis for any time or money claim against the Carrier.

6. In the event of a serious manpower shortage, this agreement shall be suspended for the duration of such emergency. If the parties cannot agree that serious manpower shortage exists, such question shall be submitted to arbitration.

7. This agreement shall become effective July 20, 1959, and shall remain in effect until revised or canceled in accordance with the provisions of the Railway Labor Act, as amended.

Signed at Denver, Colorado, this 20th day of July, 1959.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ J. A. McNamara, General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

/s/ R. D. Wolfe, Assistant to Vice President (Labor Relations)

APPENDIX 6

Memorandum of Agreement between The Colorado and Southern Railway Company and Brotherhood of Railroad Trainmen.

Denver, Colorado

December 31, 1961

In perpetuation of local agreement entered into at Denver, Colorado, on March 24, 1950, in connection with Denver Yardmen laying off and missing calls, it is reaffirmed and agreed:

1. Yardmen will not be permitted to go to the foot of the board. Yardmen laying off must be off the board twenty-four hours from the time of their layoff.

2. Yardmen missing calls, for which they are responsible will be held off the board twenty-four hours from the calling time at which they missed the call.

This agreement supersedes any former existing agreements in this connection.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ J. A. McNamara, General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

/s/ R. D. Wolfe, Assistant to Vice President (Labor Relations)

APPENDIX 7

November 23, 1971

Yardmen

Mr. A. S, Driver

General Chairman, UTU

5810 West 38th Avenue

Denver, Colorado 80218

Dear Mr. Driver.

During conference today we discussed the application of Appendix 28 to the Yardmen's schedule in the light of the amended Hours of Service Act; and we agreed as follows:

WHEREAS, this notice will leave Appendix 28 intact, with the following exceptions:

1. An employee displacing a junior yardman on a holiday will be subject to the amended Federal Hour and Service Act. Public Law 91.

2. An employee on an assignment being annulled for a holiday, shall advise the designated company representative of his desire to displace a junior yardman prior to 8:00 o'clock A.M. the day preceding such holiday. All "bumps" to be completed by 8:00 P.M. of same day.

3. Notice of assignments being annulled will be posted as much in advance as requirements of service are known, but not less than 48 hours prior to starting time of the first assignment affected, This understanding may be terminated by either party on fifteen days written notice to the other.

Yours truly,

/s/ H. J. Tierney, Director, Labor Relations

AGREED TO:

/s/ A. S. Driver, General Chairman, UTU

APPENDIX 8

MEMORANDUM OF AGREEMENT

between

UNITED TRANSPORTATION UNION

and

THE COLORADO AND SOUTHERN RAILWAY COMPANY

The following provisions shall govern in the extension of seniority rights of Fort Collins, Trinidad and Cheyenne seniority district road trainmen and yardmen at Denver, Colorado:

1. (a) Effective October 1, 1970, the seniority rights of Fort Collins, Trinidad and Cheyenne seniority district road trainmen will be extended so as to include seniority in the yard at Denver, Colorado and likewise, the seniority of yardmen in said yard will be extended so as to include seniority in Fort Collins, Trinidad and Cheyenne seniority district road train service and in the other yards.

(b) A joint roster will be prepared showing road trainmen and yardmen in order of length of service, which shall govern their relative standing in the extension of seniority as provided in Section (a) hereof. This roster will show prior rights seniority of road trainmen and yardmen in their respective districts, extended seniority between yardmen at Denver and Fort Collins, Trinidad and Cheyenne brakemen. Sample of roster prepared from July 1, 1970 rosters is enclosed as Exhibit A.

(c) In extending seniority under Section (a), road trainmen and yardmen holding seniority rights as of September 30, 1970 shall retain prior rights in the class of service in which they secured original seniority. Employees who enter service subsequent to September 30, 1970 will have the same seniority date in road and yard service, and their names will appear on the joint roster.

2. A road trainman may voluntarily relinquish his assignment in road service (assignment as used here is intended to mean assignment to a regular run, a turn in the freight pool, or a place on the extra board) and exercise seniority in yard service, using his yard or joint seniority but can only do so on a Monday. Under these circumstances, the employee will be required to remain in yard service for a period of not less than twenty-eight (28) days, unless, as a result of a displacement, he can no longer hold a regular assignment in yard service, or yard extra list.

3. (a) Employees who are working as yardmen may voluntarily relinquish their yard assignments and enter road service, except an employee shall be required to remain in yard service until completion of the designated work week applicable to the individual. Under these circumstances, the employee will be required to remain in road service for a period of not less than twenty-eight (28) days, unless as a result of a displacement he can no longer hold a job in road service or on road extra list. In exercising seniority from yard service to road service, where the employee exercising his seniority right was not displaced by a senior employee, exercise of seniority to road service will be restricted to bidding or bulletined vacancies, so-called open turns, displacement of the junior trainmen in pool freight service and the extra list.

(b) A qualified yard foreman assigned as such will not be permitted to leave the yard unless there is available a qualified replacement.

(c) Set forth below are several examples to show how Sections 2 and 3 above are intended to be applied:

(1) An employee working in road service bids in a vacancy in yard service and commences work on Monday. He has as signed rest days of Saturday and Sunday. Such employee may not voluntarily leave the yard assignment until midnight of the following Sunday.

(2) The employee in Example 1 does not commence work until Tuesday. He may not voluntarily leave the assignment until midnight of the second day following Sunday.

(3) An employee on a road assignment or road extra board desires to move to yard extra board at same point displacing junior extra yardman or to displace a junior assigned yardman. Such voluntary move can only be made on Monday at 12:01 A.M.; the 12:01 A.M. assignment to prohibit employees from working a day in road service and five days in yard service during the work week.

(4) The employee in Example 3, who later desires to voluntarily move to road service (including road extra board) will be governed by Examples 1 and 2.

(5) An employee working in road service, who bids in a vacancy in yard service may move to said vacancy as soon as he is available to do so.

(6) An employee working in yard service who bids in a bulletined vacancy as brakeman in road service may not move to such job until awarded the job and then only after midnight of second rest day he had in yard service, or in case of extra yardmen on Monday.

(7) If a brakeman's job is advertised and there are no bids received, the junior trainman working on road extra list will be placed on the job on expiration of bulletin.

4. An employee laid off account reduction of force at any of the locations set forth herein will not be required to assert his seniority at other than the point where laid off, unless it would otherwise require the employment of additional men, with the exception that they will be subject to recall for service at location other than point of lay-off, and when notified of such available employment at other than point of lay-off, they will be required to report for service within 48 hours

providing they do not have work with another employer or forfeit the right to later displace a junior employee at that location until there is a further recall at that point. In the event such employee has work with another employer, he will have five days in which to report for service at the point other than where laid off, and failing to do so report within the five-day period, he will forfeit the right to later displace a junior employee at that point until there is a further recall at that point. It is understood that this section has application only to employees who are laid off at one point and who do not elect to accept available employment at other specified points.

5. Separate extra boards shall continue to be maintained for road and yard service, and when one board is exhausted and there are men on the other board at the same point, then the exhausted board will be augmented by the other board. Present practices at Trinidad remain unchanged. It is understood that when all extra men have qualified for both road and yard service, consideration will be given to the establishment of a common extra board,

Note: The yard extra board is exhausted when there is no one available thereon for 8 hours of work, or all extra yardmen have worked eleven straight time days as outlined in the so-called eleven day agreement, then the exhausted extra board will be augmented by the trainmen's extra board. If there is no one available on the trainmen's extra board yardmen available under amended Appendix 21 will be used.

6. The rules of the collective agreement, applicable to road service, shall govern in that class of service, and the rules of the collective agreement applicable to yardmen, shall be applied to yard service. It is understood that there shall be no additional expense to the company for deadheading or otherwise as a result of this agreement.

This agreement shall become effective on October 1, 1970 and shall continue in effect subject to the serving of thirty (30) days notice by one party upon the other party, further handling to be in conformity with the procedural requirements of Section 6 of the amended Railway Labor Act.

Signed at Denver this 21st day of August 1970.

FOR THE ORGANIZATION:

/s/ H. H. Mervin

General Chairman, UTU

APPROVED:

/s/ L. A. Combs

Vice President, UTU

FOR THE CARRIER:

/s/ L. K. Hall

Director, Labor Relations

BURLINGTON NORTHERN

 

500 Johnson Building

Seventeenth and Glenarm Streets

Denver, Colorado 80202

October 13, 1970

The Colorado and Southern Railway Company

Labor Relations Department

Mr. H. H. Mervin

General Chairman, UTU-C&T

Denver, Colorado

Dear Mr. Mervin:

During conference today we agreed to the following interpretation of Paragraph 4 of the Memorandum of Agreement dated August 21, 1970, covering extension of seniority rights between yardmen and trainmen:

4. In the event of shortage of employees on one of the "prior right" districts and a surplus of employees on another, a "prior rights" employee who is furloughed due to force reduction will be subject to recall for service at other than his "prior right" district only if it would otherwise require the employment of an additional man to meet service requirements.

When so recalled to service, such employee must report as directed within 48 hours after receipt of recall notice- unless he has secured outside employment, in which event he must report as directed within five days after receipt of recall notice.

Failure to report as directed will result in forfeiture of seniority, except in cases of bona fide personal sickness.

Other than prior rights employees who are furloughed due to force reduction, must report as directed to any point where needed on the consolidated seniority district within twenty-four hours after receipt of recall notice, or forfeit their seniority - except in case of personal bona fide sickness.

Employees accepting service on other than their prior rights district under this agreement, may return to their prior rights district when their seniority will permit them to hold an assignment or the extra board.

Except to the extent that this agreement conflicts with Rule 50 of the Trainmen's Agreement and Rule 16 of the Yardmen's Agreement, those two rules remain in effect.

In case of shortage of men on a particular prior rights district, the Superintendent will mail notice to each furloughed man on other prior rights district showing number of men needed.

If such service is not voluntarily accepted by furloughed employees from another prior rights district, then the Superintendent will mail recall notices to the junior furloughed employees on other prior rights district, and they must respond in accordance with the provisions of this agreement.

Yours very truly,

(Signed) H. J. Tierney

Director, Labor Relations

AGREED:

(Signed) H. H. Mervin

General Chairman, UTU-C&T

Note: Rules 50 and 16 as referred to above is now Rule 68.

UNITED TRANSPORTATION UNION

General Committee of Adjustment (T)

THE COLORADO & SOUTHERN RAILWAY COMPANY

5810 West 38th Avenue

Denver, Colorado 80212

February 25, 1971

Mr. H. J. Tierney,

Director of Labor Relations

Colorado And Southern Railway Co.

500 C. A. Johnson Bldg.

17th & Glenarm PI.

Denver, Colo. 80202

Dear Sir:

Regarding your letter of February 23, 1971, having to do with letter of interpretation dated October 13, 1970, 1 may not have made my position clear on this issue, it was assumed that you understood my position and that it would be necessary to cancel, modify or change the entire agreement if the Carrier insisted on the interpretation thus far placed on the agreement.

So there will be no misunderstanding of my position, it is stated as follows: I do not agree that letter of interpretation was the intent of Paragraph 4 of the original agreement. The interpretation completely changes the agreement and amounts to an altogether new agreement.

My position is that under Paragraph 4 of the original agreement, an employee would not be required to assert his seniority at any location other than point of lay off, but would be given an opportunity to do so. His penalty, in case he did not report, would be the right to displace a junior employee at that location until there was a future recall at that point. Certainly, by no stretch of the imagination, did this mean that such employee would forfeit his seniority. He would forfeit only the right to later displace a junior employee until such time as there was further recall at the point where he was offered work and did not accept it.

Unless we can agree on an interpretation along these lines, I am sure I will be instructed to serve notice to cancel the agreement.

In the meantime, I must have assurance of your position on the letter of interpretation, as I am being pressed to take positive action on the matter.

Yours truly,

(Signed) W. T. Hanks

W. T. Hanks, General Chairman

WTH/wps

BURLINGTON NORTHERN

The Colorado and Southern Railway Company

Labor Relations Department

500 Johnson Building

Seventeenth and Glenarm Streets

Denver, Colorado 80202

February 26, 1971

Mr. W. T. Hanks

General Chairman

United Transportation Union

5810 West 38th Avenue

Denver, Colorado 80212

Dear Mr. Hanks:

During conversation today we discussed your letter of February 25 dealing with letter of interpretation of October 13, 1970 covering the agreement consolidating seniority of Trainmen and Yardmen on system basis, which became effective October 1, 1970.

As a result of our discussion it is understood that letter of interpretation is modified to the extent that "prior rights" employees will be governed by original provisions of Paragraph 4 of the agreement of August 21, 1970, effective October 1, 1970; and that provisions of the letter of October 13 will hereafter apply only to new employees hired subsequent to October 1, 1970.

Yours truly,

(Signed) H. J. Tierney,

Director Labor Relations

Agreed to:

(Signed) W. T. Hanks, Gen'l, Chairman

United Transportation Union (C&T)

 

APPENDIX 9

MEMORANDUM OF AGREEMENT

Between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and

UNITED TRANSPORTATION UNION

The parties hereto, desiring to extend the seniority of Conductors (which is now restricted under Rule 49 to Wyoming, Fort Collins and Southern District, respectively) to include those three- named districts, plus Denver Yardmen, on one consolidated roster of Conductors, do hereby agree that:

1. (a) Effective January 1, 1974, the seniority rights of Wyoming, Fort Collins, Southern District Conductors shall be extended to include rights on all Districts.

(b) A consolidated roster shall be prepared showing Conductor's seniority standing, and to also show prior rights on their home districts for all Conductors with a Brakeman's date of September 30, 1970 or before.

(c) Prior right Denver Yardmen who have acquired, or will acquire seniority as Conductors, under provisions of Memorandum of Agreement signed February 26, 1973, will rank among themselves as Conductors following all Conductors on the Wyoming, Fort Collins and Southern Districts, with a Brakeman date prior to October 1, 1970; but ahead of dual rights Brakemen-Yardmen.

(d) Dual rights Brakemen-Yardmen acquiring a Conductor date on or before January 31, 1974 will be given a Conductor's prior right seniority date on district where working when promoted.

(e) Dual right Brakemen-Yardmen acquiring a Conductor date after January 31, 1974 will establish a common date on the system.

2. (a) A Conductor acquiring extended seniority under this agreement may transfer from one prior right district to another in the exercise of that seniority as provided in vacancy rules.

(b) i. In extending Conductors' rights under Section 1 (a), prior rights Conductors on any district (this to include prior rights Yardmen who may have acquired a Conductor's date) will not be required by the Carrier to transfer to another district.

(b) ii. Should a shortage of demoted Conductors occur on a district, the junior demoted dual rights Conductors at the nearest source of supply may be required to transfer to that district; and he shall be allowed deadhead mileage, plus meal and lodging allowances, in conformity with Article XI of the National UTU Agreement of January 27, 1972, for a period not to exceed sixty (60) days, provided there are eligible Brakemen on that district who have not been promoted.

(c) It is understood that Brakemen and/or Yardmen will be offered promotion examination as soon as practicable after be- coming eligible under the provisions of existing agreements.

It is further understood that employees will be required to become qualified in their seniority order or forfeit their rights to promotion to the junior employee who does qualify for promotion under schedule rules.

Should the needs of the service require that an employee be promoted to Conductor at one point when there is a senior eligible employee at another point, the junior employee so promoted will establish a date for such senior employee provided that the latter employee accepts promotion at the first opportunity.

(d) Conductors, Brakemen and Yardmen will have access to bulletins advertising new assignments or vacancies on existing assignments on the entire system. In the event no bids are received on a particular bulletin, the junior unassigned man in the particular grade of service (Conductor, Brakeman or Yardman) working in the district or yard where the vacancy occurs will be assigned under applicable schedule rules.

This agreement will remain in effect until changed in accordance with the amended Railway Labor Act.

SIGNED AT DENVER, COLORADO, THIS 17TH DAY OF DECEMBER, 1973.

For

UNITED TRANSPORTATION UNION:

(Signed) A. S. Driver

General Chairman

(Signed) L. A. Combs

Vice President

For

COLORADO AND SOUTHERN RAILWAY COMPANY:

(Signed) H. J, Tierney

Director, Labor Relations

Note: Rule 49 as referred to above, is now Rule 32.

 

APPENDIX 10

MEMORANDUM OF AGREEMENT

between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and

UNITED TRANSPORTATION UNION

Effective with calendar year 1971, yardmen (includes yardmasters) who qualify for two or more week's vacation under the provisions of the National Vacation Agreement of April 29, 1949 as amended, will be permitted to split their vacation in not more than two periods, the minimum period being one week, subject to the following conditions:

(1) When a yardman is granted a split vacation under this agreement, it is understood that the combined length of his vacation period will be no greater than the length of the vacation period to which he is entitled at the time the first period of the split vacation is started.

(2) Whenever relief for a vacationing yardman involves deadheading, payment therefor will be limited to the first deadhead going to fill the first portion of the split vacation and the last deadhead returning from the second portion of the split vacation.

(3) Consideration of the individual yardman's preference under Section 6 of the National Vacation Agreement will be given to only one period of a split vacation. A yardman requesting a split vacation will designate which period he desires to be considered as his preference. (In making selections for split vacations, an employee may choose only the first period on the basis of his continuous service date, and will not be permitted to choose the second period until all men have been awarded one choice.)

(4) Yardmen requesting a split vacation under this agreement must do so when making their original vacation choices each year.

(5) When a vacation is split under the provisions of this rule and payment is allowable under the minimum provisions of Section 2 of the National Vacation Agreement, the rate of pay shall be that of the last service rendered prior to the start of each vacation period.

(6) This agreement which will become effective January 1, 1971 may be canceled by either party upon thirty days' written notice.

SIGNED AT DENVER, COLORADO, THIS 12TH DAY OF OCTOBER, 1970.

FOR THE ORGANIZATION:

(Signed) H. H. Mervin

General Chairman, UTU-C&T

FOR THE CARRIER:

(Signed) H. J. Tierney

Director, Labor Relations

 

APPENDIX 11

MEMORANDUM OF AGREEMENT

between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and

UNITED TRANSPORTATION UNION

EXERCISE OF SENIORITY ONTO VACATION VACANCIES

1. Vacation lists of yardmen (includes yardmasters) will be posted on bulletin boards available to all yardmen. No request for change in assigned vacation period will be considered unless received by Superintendent at least fourteen days prior to start of assigned vacation period.

2. All vacation periods for yardmen start on 1st day following rest days. A yardman desiring to exercise his seniority onto a particular vacation vacancy must so notify the Superintendent in writing not later than 10 A.M. of the second day prior to the start of the vacation vacancy. The senior yardmen making application under this paragraph will be assigned to such vacancy as of the day on which the particular vacation period starts, and will remain on the vacancy until the regular yardman returns from vacation, except as provided below.

3. It is understood that each vacationing yardman will return to work immediately upon completion of his assigned vacation period unless he has made arrangements for additional time off prior to starting his vacation period.

4. It is not intended that a yardman filling a vacation vacancy under this agreement will be subject to displacement; except by a senior yardman after filling the vacancy of a vacationing yardman who has arranged for additional time off.

5. In the event no applications are received for a particular vacation vacancy the junior yardman will be assigned.

6. A yardman, who has a bump and who is senior to a vacationing yardman, may exercise his seniority to the position owned by the latter, and this will terminate the vacation vacancy; where upon the yardman who has been filling the vacation vacancy will return to his former position. Upon his return from vacation, the vacationing yardman will have a bump.

7. This agreement applies only to vacancies caused by absence of a yardman on vacation and not to the succeeding vacancy of a yardman who exercises seniority onto a vacation vacancy. Paragraphs 6 and 7 do not apply to yardmaster,

8. This agreement which becomes effective January 1, 1971 may be automatically terminated upon thirty days' written notice from either party to the other.

SIGNED AT DENVER, COLORADO, THIS 13TH DAY OF OCTOBER, 1970.

FOR THE ORGANIZATION: FOR THE CARRIER:

(Signed) H. H. Mervin (Signed) H. J. Tierney

General Chairman, UTU-C&T Director, Labor Relations

 

Burlington Northern

The Colorado and Southern Railway Company

Labor Relations Department

500 Johnson Building

Seventeenth and Glenarm Streets

Denver, Colorado 80202

October 13, 1970

Mr. H. H. Mervin

General Chairman, UTU-C&T

Denver, Colorado

Dear Mr. Mervin:

With reference to Memorandum of Agreement dated today captioned, "Exercise of Seniority onto Vacation Vacancies."

We have agreed that Paragraphs 6 and 7 thereof do not apply to Yardmasters.

Vacation vacancies for yardmasters will be bid separate and apart from yardmen, and will be awarded the senior qualified applicant. Succeeding vacancies will be filled in the same manner.

Each successful bidder will fill the vacancy for its entire duration.

Yours very truly,

(Signed) H. J. Tierney

Director, Labor Relations

AGREED:

(Signed) H. H. Mervin

General Chairman, UTU-C&T

APPENDIX 12

MEMORANDUM OF AGREEMENT

between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and

UNITED TRANSPORTATION UNION

Effective with calendar year 1971, conductors and brakemen (hereinafter referred to as trainmen) who qualify for two or more week's vacation under the provisions of the National Vacation Agreement of April 29, 1949, as amended, will be permitted to split their vacation in not more than two periods, the minimum period being one week, subject to the following conditions:

(1) When a trainman is granted a split vacation under this agreement, it is understood that the combined length of his vacation period will be no greater than the length of the vacation period to which he is entitled at the time the first period of the split vacation is started.

(2) Whenever relief for a vacationing trainman involves deadheading, payment therefor will be limited to the first deadhead going to fill the first portion of the split vacation and the last deadhead returning from the second portion of the split vacation.

(3) Consideration of the individual trainman's preference under Section 6 of the National Vacation Agreement will be given to only one period of a split vacation. A trainman requesting a split vacation will designate which period he desires to be considered as his preference. (In making selections for split vacations, an employee may choose only the first period on the basis of his continuous service date, and will not be permitted to choose the second period until all men have been awarded one choice.)

(4) Trainmen requesting a split vacation under this agreement must do so when making their original vacation choices each year.

(5) When a vacation is split under the provisions of this rule and payment is allowable under the minimum provisions of Section 2 of the National Vacation Agreement, the rate of pay shall be that of the last service rendered prior to the start of each vacation period.

(6) This agreement which will become effective January 1, 1971 may be canceled by either party upon thirty days' written notice.

SIGNED AT DENVER, COLORADO, THIS 12TH DAY OF OCTOBER, 1970.

FOR THE ORGANIZATION:

(Signed) H. H. Mervin

General Chairman, UTU, C&T

FOR THE CARRIER:

(Signed) H. J. Tierney

Director, Labor Relations

APPENDIX l3

MEMORANDUM OF AGREEMENT

between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and

UNITED TRANSPORTATION UNION

Filling Vacation Vacancies

1. Vacation lists of conductors and brakemen (herewith referred to as trainman) will be posted on bulletin boards available to all. No request for change in assigned vacation period will be considered unless received by Superintendent at least fourteen days prior to start of assigned vacation period, and then will be subject to service requirements.

2. All vacation periods for trainmen start on Monday. Vacation vacancies for trainmen will be filled in accordance with Rule 57, as amended, of the respective conductors and brakemen's agreements. The trainmen assigned under this paragraph will remain on the vacancy until the regular man returns from vacation, except as otherwise provided herein.

3. It is understood that each vacationing trainman will return to work immediately upon completion of his assigned vacation period unless he has made arrangements for additional time off prior to starting his vacation period.

4. This agreement which becomes effective January 1, 1971, may be automatically terminated upon thirty days' written notice from either party to the other.

SIGNED AT DENVER, COLORADO, THIS 12TH DAY OF OCTOBER, 1970.

FOR THE ORGANIZATION:

(Signed) H. H. Mervin

General Chairman, UTU-C&T

FOR THE CARRIER:

(Signed) H. J. Tierney

Director, Labor Relations

Note: Rule 57 as referred to above, is now Rule 36.

THE COLORADO AND SOUTHERN RAILWAY COMPANY

A Subsidiary of Burlington Northern

500 Johnson Building/Seventeenth and Glenarm Streets

Denver, Colorado 80202

BURLINGTON NORTHERN

Labor Relations Department

September 10, 1973

AT-23-A

AY-7

Mr. A. S. Driver

General Chairman UTU

5810 West 38th Avenue

Denver, Colorado 80212

Dear Mr. Driver:

This will confirm our recent understanding in conference that beginning with calendar year 1974, employees covered by Memorandums of Agreement dated October 12 and 13, 1970, dealing with the splitting of annual vacations, may split their vacations into minimum periods of one week each, if they so desire, subject to other conditions of those agreements.

Yours very truly,

(Signed) H. J, Tierney

Director, Labor Relations

APPENDIX 14

THE COLORADO AND SOUTHERN RAILWAY COMPANY

A Subsidiary of Burlington Northern

500 Johnson Building/Seventeenth and Glenarm Streets

Denver, Colorado 80202

Burlington NORTHERN

Labor Relations Department

November 20, 1972

AT-29

M r. A. S. Driver

General Chairman UTU

5810 West 38th Avenue

Denver, Colorado 80212

Dear Mr. Driver.

During conference today we agreed that when calling extra men to fill vacancies on outlying assignments on Fort Collins District (excluding Leadville and Golden) they will be given 10-hour call prior to on-duty time of assignment in which the vacancy exists. This will permit the extra man to drive his auto to the outlying point and get 8 hours rest prior to the starting time of the assignment. Such extra men will be entitled to one meal allowance at the outlying point in advance of starting time of his assignment.

Yours very truly,

(Signed) H. J. Tierney

Director, Labor Relations

AGREED TO:

(Signed) A. S. Driver

General Chairman

United Transportation Union (C-T-Y)

APPENDIX 15

THE COLORADO AND SOUTHERN RAILWAY COMPANY

A Subsidiary of Burlington Northern

500 Johnson Building/Seventeenth and Glenarm Streets

Denver, Colorado 80202

BURLINGTON NORTHERN

Labor Relations Department

November 20, 1972

AT-30

Mr. A. S. Driver

General Chairman UTU

5810 West 38th Avenue

Denver, Colorado 80212

Dear Mr. Driver:

During conference today we agreed that assignments on which crews report for duty without being called will have a fixed starting time which will only be changed by giving crews advance notice under Rule 32 and where possible prior to tie-up previous trip. Existing assignments to which this rule applies are:

Road Switcher assignments at Golden, Longmont, Fort Collins, and Loveland.

Local freight turn around assignments on the Greeley and Golden Branches.

Yours very truly,

(Signed) H. J. Tierney

Director, Labor Relations

AGREED TO:

(Signed) A. S. Driver

General Chairman

United Transportation Union (C-T-Y)

Note: Rule 32 as referred to above, is now Rule 22

APPENDIX 16

MEMORANDUM OF AGREEMENT

Between

BURLINGTON NORTHERN INC. - (BN)

COLORADO AND SOUTHERN RAILWAY COMPANY - (C&S)

And

Employees of those carriers who are represented by

UNITED TRANSPORTATION UNION (T) - (UTU)

This Agreement is made pursuant to joint notice from the BN and C&S dated March 12, 1973 reading:

Pursuant to the provisions of Section 4 of the Agreement of May 31, 1936, Washington, D. C., effective June 18, 1936; interested employees and their representatives will take notice that the Burlington Northern Inc. and The Colorado & Southern Railway contemplate a coordination of yard operations at Denver, Colorado, effective some time after 90 days from the date of this notice.

It is proposed that C&S Rice Yard will be abandoned and all operations conducted through the BN 38th Street Yard.

It is contemplated that we will have yard engines commencing work at 19th Street, 31st Street, and at South Denver (to serve industries in that area).

And this Agreement as hereinafter set forth by mutual agreement by the parties signatory hereto fulfills and disposes of said notice. It is agreed:

ARTICLE I - Purposes

The scope and purposes of this Agreement are:

(a) To provide the protection provisions as set forth in Article II.

(b) To provide for the allocation of work between yardmen of the BN and C&S railroads when the BN and C&S railroad terminal facilities are coordinated at Denver, Colorado, including the establishing of new switching limits.

(c) To provide for the consolidation of terminal and switching limits of 8N and C&S at Denver, Colorado, to the extent provided herein.

ARTICLE II - Protection

1. All C&S employees who have a seniority date prior to date of this Agreement and who, on the effective date of this Agreement, have a seniority right to work in Denver Yard will be subject to the benefit provisions of the Washington Job Protection Agreement of May, 1936.

2. All BN employees on the McCook Seniority District who are not "protected" employees under the merger protective agreement with the UTU dated December 14, 196S, as amended June 21, 1968, and who have a seniority date prior to the date of this Agreement, will be subject to the benefit provisions of the Washington Job Protection Agreement of May, 1936.

ARTICLE III - Consolidation of Terminal Services

1. The present terminal and switching limits of the C&S and BN at Denver, Colorado, shall be consolidated and the following shall be the applicable switching limits for the consolidated yard at Denver.

General Switching Limits:

East: East stockyard switch near Riverside Cemetery including Market Street line

DENVER-PUEBLO LINE: M.P. 6.84

DENVER-CHATFIELD LINE: M.P. 7.968

DENVER-CONNORS LINE: M.P. 8.508

DENVER-CHEYENNE LINE: M.P, 3.75

DENVER-GOLDEN LINE: M.P.4.67

Pulling and Pushing Limits:

EAST: M. P. 539

Industrial Switching Limits:

EAST: West switch at Derby, located at approximately M.P. 535.9

2. All yard engine assignments in the consolidated Denver Terminal will be allocated per allocation table (Attachment A) on the basis of total yard engine hours and inbound car count of cars handled in Denver yard by each of the C&S and BN for the years 1971 and 1972 as being representative of a fair and equitable division of work and producing a ratio of:

53 % C&S

47 % BN

3. Employees shall work on their allocated assignments under the rules of their respective railroads, except to the extent modified by this Agreement. There will be no restrictions on any yard work that may be assigned to either a BN or C&S crew in the consolidated terminal, except as provided in Paragraph 5 hereof and the Note thereunder.

Note: If a C&S crew is used to rerail cars that were derailed while handled by other than a C&S yard crew, the C&S crew will be compensated therefor under the applicable BN rule.

If a C&S crew in the Consolidated Denver Terminal is required to work during their meal period, they will be compensated under BN Yardmen's Agreement.

4. Vacancies on assignments allocated to the C&S will be filled from C&S rosters under C&S rules and likewise vacancies on assignments allocated to BN will be filled from BN rosters under BN rules.

5. Thirty days prior to the initial coordination the Superintendent and employee representatives shall meet and designate which yard assignments shall be filled from C&S roster and which from BN roster. Those yard assignments which are used for the greater portion of their tour of duty to serve industries previously served exclusively by C&S shall be allocated to C&S and those that serve industries previously served exclusively by BN shall be allocated to BN. This will also apply to new or relocated industries in the respective areas. In event agreement cannot be reached, Superintendent will make initial allocations subject to review procedures by local committees as contemplated in Section 8 hereof.

Note: Notwithstanding the provisions of Paragraph 3 of Article 111, it is the intention of the provisions of Paragraph 5 of the same Article that a crew allocated to switch a particular in industrial area will be used for such work if work is available, in preference to working in the train yard.

If such a crew is relieved before the work is completed in the industrial area, then to the extent possible, crew from the same carrier to which the industrial work is allocated will be used.

6. In making the allocations, the parties shall, as close as mathematically possible, designate jobs to be filled from C&S and BN rosters based on 53% for C&S and 47% for BN on each shift.

7. (A) Any extra yard engine worked shall be filled from C&S or BN extra boards on an alternating basis, job for job. First extra yard engine worked after date of coordination will be filled by yardmen from carrier who would stand for next crew on allocation table. Record to be maintained by crew dispatchers, and will be available for review by local chairmen. When the applicable extra board is exhausted, vacancies will be filled under presently existing rules on the respective railroads.

(B) If the Carrier shall annul an engine, such as a holiday annulment, there will be no change in the allocation.

(C) If the Carrier should abolish any yard assignment, the rules applicable to the assignment involved shall be followed. If the assignment to be abolished is not allocated to the railroad which stands to lose a crew under the allocation table, the local chairman of that railroad will be given an opportunity to designate a crew manned by employees of the other railroad. Such designation shall be on the same shift on which the yard assignment is abolished and does not conflict with Section 5 hereof. Such designation must be made within 48 hours from the time abolishment notice is posted. If the local chairman fails to make the allocation in time to make it effective on the date the change is scheduled, the Carrier will designate the crew to be allocated.

8. (A) At intervals of six months, the Carrier shall review the designations and make re designations that may be warranted because of increases and/or decreases that have occurred in the number of assignments during the past six months. Such re designations shall first be reviewed by the committees representing C&S and BN employees thirty (30) days in advance, so that any agreement they can reach among themselves on allocation of jobs to meet percentage ratios may be reflected in the new allocations of jobs.

(B) If additional yard assignments are established during the six month intervals, the jobs will be allocated to the railroad which is due the next assignment under the allocation table. There will be no re-allocation of jobs between railroads until the next six month checking period.

9. Where yard crews of either railroad may now properly perform service outside of switching limits, qualified yard crews of either BN or C&S working in the consolidated terminal may be required to perform such service.

10. Road crews operating into and out of the consolidated Denver Terminal will be governed by the rules of their employing railroad. Any work that they perform in the consolidated terminal will be treated as if performed in the former separate yards in the application of the rules. Prospect (M. P. 1.016) shall be the point where final terminal delay commences for C&S crews. If crew is stopped behind other trains at Prospect (M. P. 1.016), final terminal delay will commence at time so stopped. If trains are handled over a new route, agreement will be reached on point where final terminal delay shall start.

11. Road and yard crews will go off duty at the same point as they went on duty within the consolidated terminal.

12. Contract and discipline matters are to be adjusted with the proper officer in charge of the consolidated yards by committee of the organization concerned, and if appeals are taken, same are to be handled in the usual way with the Superintendent representing the line by which the aggrieved employee is employed. If further appeal is taken, it shall be in accordance with the schedule provisions governing the employee or employees involved.

ARTICLE IV - Wash, Locker and Parking Facilities - 31st St. Yard Office

1. Adequate locker, wash, and toilet room facilities will be provided at the consolidated yard facility. Washroom facilities will have hot and cold running water.

2. Lockers will be provided in sufficient quantity so that each regular employee will have his own locker and extramen will have lockers available for their use. Lockers will be of standard size.

3. Facilities will be adequately lighted, heated and ventilated. Shower facilities and adequate lunch room space with tables and seating will be provided.

4. An adequate parking area with all-weather surfacing will be provided and maintained.

5. The facilities will be maintained in good condition. The Organization will assist in this effort by urging its members to use the trash receptacles and avoid littering.

6. First aid kits will be maintained and made available at yard offices.

7. Adequate Bulletin Boards will be provided in the yard office.

8. Mark-up board will be maintained in 31st Street yard office.

9. Washroom, locker and parking facilities will be provided at other points where yard crews go on and off duty.

ARTICLE V - General

1. All pre-existing agreements that conflict with the terms hereof are hereby cancelled.

2. Santa Fe road crews will be permitted to handle their trains and engines in BN yard to the same extent they handled them in C&S yard.

3. Switchtenders positions in the Consolidated Denver Terminal will be assigned to BN employees.

4. This Agreement will become effective on the date of the consolidation set by the Carrier, but the general chairmen shall be given at least sixty (60) days' advance notice thereof.

Dated at Denver, Colo., this 11th day of October, 1973.

FOR THE UNITED TRANSPORTATION UNION (T)

(Signed) G. C. McCoy

General Chairman (BN)

(Signed) A. S. Driver

General Chairman (C&S)

FOR THE BURLINGTON NORTHERN INC.

(Signed) T. C, DeButts

Vice President - Labor Relations

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY

(Signed) H. J. Tierney

Director, Labor Relations

APPROVED:

(Signed) C. F. Christiansen

Vice President

Attachment A

ALLOCATION TABLE

Number

Of

Engines C&S % C&S BN

1 53 1 _

2 106 1 1

3 159 2 1

4 212 2 2

5 265 3 2

6 314 3 3

7 371 4 3

8 424 4 4

9 477 5 4

10 530 5 5

11 543 6 5

12 636 6 6

13 649 7 6

14 742 7 7

15 795 8 7

16 848 8 8

17 901 9 8

18 954 10 8

19 1007 10 9

20 1060 11 9

21 1113 11 10

22 1166 12 10

23 1219 12 11

24 1272 13 11

25 1325 13 12

26 1378 14 12

27 1431 14 13

28 1484 15 13

29 1537 15 14

30 1590 16 14

31 1643 16 15

32 1696 17 15

33 1749 18 15

34 1802 18 16

35 1855 19 16

36 1908 19 17

37 1961 20 17

38 2014 20 18

39 2067 21 18

40 2120 21 19

APPENDIX 17

MEMORANDUM OF AGREEMENT

between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and

UNITED TRANSPORTATION UNION

IT IS AGREED:

1. Effective August 2, 1976, the Leadville Road Switcher Assignment will be advertised for one (1) Conductor and one (1) Brakeman for a period of ten (10) days with successful bidders to be assigned effective August 16, 1976. The advertisement will specify that the successful bidders will be assigned to the positions until June 14, 1977.

2. Beginning June 1, 1977, the Leadville Road Switcher Assignment will be advertised then and each subsequent June 1st for a period of ten (10) days with assignments to be effective June 15th of each year until June 14th of the following year.

3. Applications will be received from promoted conductors on the entire seniority district, and the senior conductor applying for the Conductor's vacancy will be assigned to the position for the period of the assignment and will not be permitted to vacate the assignment nor may he be displaced from the assignment unless he can no longer hold any position including extra boards as a brakeman-yardman on the entire seniority district.

4. Applications will be received from brakemen-yardmen on the entire seniority district for the brakemen assignment on the Leadville Road Switcher and the senior brakeman-yardman applying will be assigned to the position for the period of the assignment and will not be permitted to vacate the assignment nor may he be displaced from the assignment unless he can no longer hold any position including extra boards as a brakeman-yard on the entire seniority district.

5. If no applications are received for the conductor's vacancy, the junior demoted conductor working at or out of Denver will be assigned to the vacancy. He will then hold the assignment until June 14th of the following year unless a junior demoted conductor is working at or out of Denver and he desires to displace the junior demoted conductor at Denver. In that case, the junior demoted conductor at Denver must assume the assignment at Leadville under the same conditions.

6. If no applications are received for the brakeman's vacancy, the junior brakeman-yardman working at or out of Denver will be assigned to the vacancy. He will then hold the assignment until June 14th of the following year unless a junior brakeman-yardman is working at or out of Denver and he desires to displace the junior brakeman-yardman at Denver. In that case, the junior brakeman-yardman at Denver must assume the assignment at Leadville under the same conditions.

7. This Agreement covers the assignment of the Leadville Road Switcher and any other rules or agreements pertaining to seniority have no application to this Agreement.

 

 

8. This Agreement is no guarantee that the Carrier will continue the existing Leadville Road Switcher Assignment in perpetuity. It imposes no restrictions on the Carrier's right to abolish the assignment at any time. If the assignment is abolished and later reestablished, the assignment will be re-bulletined under the provisions of this Agreement for the remainder of the assignment period to June 14th.

9. This Agreement will become effective August 2, 1976, and will remain in effect with the understanding either party may cancel the agreement by serving a written 30-day notice of cancellation on May 15th of any calendar year.

SIGNED AT DENVER, COLORADO, THIS 21ST DAY OF JULY, 1976.

FOR UNITED TRANSPORTATION UNION:

(Signed) A. S. Driver

General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

(Signed) D. M. Tisdale

Director - Labor Relations

APPROVED:

(Signed) F. M. Timmermann

Vice President

APPENDIX 18

MEMORANDUM OF AGREEMENT

between

THE COLORADO AND SOUTHERN RAILWAY COMPANY

and the

UNITED TRANSPORTATION UNION

It is mutually agreed that in the application of Article II, Section 1 of the Agreement of June 25, 1964, the following will govern:

Section 1

Suitable lodging at Carrier expense shall be provided at establishments listed in Attachment "A." Suitable lodging will conform to the following criteria:

(a) Single occupancy bedrooms with telephones and television sets and carpeted floors.

(b) Beds equipped with innerspring mattresses or equivalent.

(c) Sufficient blankets, with clean linen to be changed after each occupancy.

(d) Adequate bathing and toilet facilities accessible from within the bedroom.

(e) Bedrooms shall be cooled or heated where climatic conditions normally require it; the cooling or heating of the bedrooms shall be controlled from within the bedrooms.

Section 2

The four (4) hours or more referred to in said Article II will be computed from the tie-up time on arrival at terminal until crew goes on pay at departure with the provision that if the connection has not arrived at the time set for departure, time involved in computing the four (4) hour period shall continue until arrival of the connection, less preparatory time when no terminal switching is to be performed prior to arrival of the connection.

Section 3

When crews are tied up on line of road and not under pay, lodging and meal allowance will be made in the same manner as if tied up at the away-from-home terminal, except that meal allowance will not be made when meals are furnished by the Carrier. These allowances are not to be made to assigned crews having only one tie-up point.

Section 4

At Cheyenne, Pueblo, Loveland and Longmont transportation will be furnished at Carrier expense between point of going on and off duty and the designated lodging facility.

Section 5

(a) It is understood that if the General Chairman contends that the lodging facilities listed on Attachment "A" are not suitable, a prompt on-the-ground joint inspection will be made. If necessary, correction will be effected.

(b) It is also understood that the Carrier may change, add to or substitute for any of the facilities designated in Attachment "A", or designate lodging facilities at other locations providing those facilities meet the criteria established in Section 1.

Section 6

This Agreement is full and final settlement of the Organization's Section 6 Notice dated July 8, 1974, relating to the subject matter of this Agreement.

Section 7

The Agreements between the Colorado and Southern Railway Company and the Brotherhood of Railway Trainmen and the Order of Railway Conductors and Brakemen providing for suitable lodging under the provisions of Article II of the Agreement of June 25, 1964, dated July 17, 1964 and November 1, 1965, and all agreements and understandings relating thereto, are hereby cancelled and have no force or effect after December 31, 1976.

Section 8

This Agreement will become effective January 1, 1977, and except as provided in Section 5, shall remain in effect until changed in accordance with the provisions of the Railway Labor Act, as amended.

SIGNED AT DENVER, COLORADO, THIS 30TH DAY OF NOVEMBER, 1976.

FOR UNITED TRANSPORTATION UNION:

(Signed) A. S. Driver

General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY CO.

(Signed) D. M. Tisdale

Director - Labor Relations

APPROVED:

(Signed) F. M. Timmermann

Vice President

ATTACHMENT "A"

Guernsey, Wyoming - D&B Hotel

Cheyenne, Wyoming - Downtown Motor Inn

Wheatland, Wyoming - Friendship Motel

Fort Collins, Colo. - Travel Lodge

Longmont, Colorado - Valida Village Inn

Loveland, Colorado - Exit 254 Best Western

Leadville, Colorado - Silver King Motel

Timberline Motel

Pueblo, Colorado - Chilton Motor Inn

Texline, Texas - Western Hills Motel

APPENDIX 19

MEMORANDUM OF AGREEMENT

BETWEEN

THE COLORADO AND SOUTHERN RAILWAY COMPANY

AND

UNITED TRANSPORTATION UNION

1. A pool crew run around enroute after departing from the terminal, will take the same position at their final terminal that they held at the initial terminal at the time they were ordered, pro-

viding they have enough time under the Hours of Service Law for the return trip.

2. In the event a pool crew run around does not have sufficient time to make the return trip to the home terminal when a pool crew is needed, this crew will stand first out as soon as the crew's rest is up.

(a) A pool crew not having sufficient time for the return trip and is held for rest at the away-from-home terminal will, upon arriving back to the home terminal, be placed in the same position they held when ordered at the home terminal.

(b) If this pool crew had not received their legal rest before they stood to be ordered out of the home terminal, the crew will, after receiving legal rest, be placed first out.

(c) If due to a crew not having legal rest at the home terminal, it is not possible to place the crews in the same order as they held on previous trips out of the home terminal, then they will begin a new cycle in the pool.

3. In the event a crew is runaround enroute as referred to in Item 1 above, it will be the obligation of such crew to notify the party handling the board at the home terminal, so that crews may

be placed in their proper turn in accordance with this Agreement.

The provisions of this understanding to become effective Dec. 15, 1971 and may be terminated by either party on fifteen days written notice to the other.

Signed at Denver, Colo., this 8th day of December, 1971.

For the carrier:

(Signed) H. J, Tierney

Director, Labor Relations

For the organization:

(Signed) A. S. Driver

General Chairman

YARDMASTERS - RULES AND RATES OF PAY

Memorandum of Agreement Supplementary to Rules and Regulations for Yardmen between The Colorado and Southern Railway Company and brotherhood of Railroad Trainmen covering Rules and Rates of Pay Applying to Positions of Yardmasters and Assistant Yardmasters at Denver, Colorado.

RULE 1 - SCOPE

This Agreement shall apply to positions of yardmasters and assistant yardmasters at Denver, Colorado, but shall not apply to positions of terminal trainmaster or footboard yardmasters. In the event of the present positions of terminal trainmaster and assistant terminal trainmaster being abolished and a position of general yard-master created or established instead thereof, such position will be considered as outside of the scope of this Agreement.

DEFINITION: The term "yardmasters" as used in this Agreement shall apply to positions having supervision under the terminal train-master or assistant terminal trainmaster.

The term "assistant yardmasters" as used in this Agreement shall apply to positions reporting to yardmasters.

RULE 2 - ASSIGNMENTS

(A) Assignments will be for eight (8) hours. All time worked in excess of eight (8) hours (not including transfer time) will be paid for as overtime on the minute basis at time and one-half rate.

(B) Assigned hours will be the same for each day of assignment and will not be changed except on 48 hours' notice. A change of two (2) hours or more in the starting time will be considered as creating a new position.

RULE 3 - RATES OF PAY

Monthly salaries in connection with assignments for the calendar month shall be as follows:

Rate

Days Per

Assigned Hours Month*

Yardmaster Monthly 8 *Current rates

Assistant of pay schedules

Yardmaster Monthly 8 furnished by carrier.

RULE 4 - DAILY RATES OF PAY

(A) Daily rates of pay shall be determined by multiplying the monthly rate by twelve (12) and dividing the result by two hundred sixty-one (261). (See Rule 5, Five Day work week, Section 14).

(B) When a regularly assigned yardmaster, or assistant yardmaster, is required to perform service other than his regular duties, he will receive not less than his regular pay for days so used; when required to perform the duties of a higher rated position for a full day or more, he will assume the rate of and the hours of assignment of such higher rated position.

RULE 5 - FIVE DAY WORK WEEK

Section 1: (a) Beginning on the date this Agreement becomes effective on any Carrier such Carrier will establish for yardmasters, subject to the exceptions contained in this Agreement, a work week consisting of five consecutive days, with two days off in each seven, except as hereinafter provided. The foregoing work week rule is subject to all other provisions of this Agreement.

(b) Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1 (a), the Carrier will, prior to the effective date, post notices or bulletins as required by schedule, bulletin rules or practices in effect listing the days off of regular assignments and advertising far bid regular relief assignments.

"Days off" period of assignments, as established the effective date of this Agreement, shall remain unchanged, except when it is necessary to establish new "days off" period resulting from the creation of new assignments or the discontinuance of assignments.

Section 2: The term "work week" for regularly assigned yardmasters shall mean a week beginning on the first day on which the assignment is bulletined to work, and for extra or unassigned yardmaster shall mean a period of seven consecutive days starting with Monday.

Section 3: (a) When service is required by a Carrier on days off of regular assignments it may be performed by other regular assignments, by regular relief assignments, by a combination of regular and regular relief assignments, or by extra or unassigned yard masters when not protected in the foregoing manner. Where regular relief assignments are established, they shall, except as otherwise provided in this Agreement, have five consecutive days of work, designated days of service, and definite starting times on each shift. They may on different days, however, have different starting times and have different points for going on and off duty which shall be the same as those of the employee or employees they are relieving.

(b) Where regular relief assignments cannot be established for five consecutive days on the same shift, as provided for in Section 3 (a), such assignments may be established for five consecutive days with different starting times on different shifts on different days, and on different days may have different points for going on and off duty which shall be the same as those of the employee or employees they are relieving.

(c) After the starting times and days of service have been established, changes therein may be made only in accordance with schedule or bulletin rules.

Section 4: Blank.

Section 5: Extra or unassigned yardmasters may work any five days in a work week and their days off need not be consecutive.

Section 6: (a) Existing rules which relate to the payment of daily overtime and practices thereunder are not changed hereby and shall be understood to apply to regular, regular relief and extra and unassigned yardmasters.

(b) A regularly assigned yardmaster who is required to work on either or both of the rest days of the position to which he is regularly assigned shall be paid therefor at the rate of time and one-half, and extra or unassigned yardmasters worked as such more than five days in a work week shall be paid time and one-half the basic straight time rate for such excess work, except:

(1) Blank.

(2) When moving from one assignment to another.

(c) There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid for a straight time rate under exceptions referred to in paragraphs (a) and (b) of this Section 6, be utilized in computing the five days referred to in such paragraph (b) of this Section 6, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examinations, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hour, or where such time is now included under existing rules in computations leading to overtime. Existing rules or practices regarding the basis of payment of arbitraries, or special allowances such as attending court, inquests, investigations, examinations, etc., also for calls, basic day, transfer time and compensation therefor, preparatory time, starting time (except as otherwise provided in Section 3) and similar rules are not affected by the provisions of this Agreement.

Section 7: No employee will be permitted to work more than five days as yardmaster in a work week except:

(a) A yardmaster on a regular or regular relief assignment who takes another regular or regular relief assignment as yardmaster, will be permitted to go on the assignment of his choice and will take the conditions of that assignment.

(b) An extra or unassigned yardmaster who takes a regular or regular relief assignment, will be permitted to go on the assignment of his choice and will take the conditions of that assignment,

(c) As provided in Section 6, paragraphs (b) and (c).

(d) Other than as provided for in paragraphs (a) and (b) of this Section 7, when there are no extra or unassigned yardmasters available to fill a vacancy, in which event the senior available yardmaster shall be used in accordance with applicable rules or practices in effect on the property.

Section 8:

Whenever a Yardman works any shift as Yardmaster or a Yardmaster works any shift as Yardman, such shift will be counted in computing work as either Yardman or Yardmaster in applying the five day work week of either Yardmen or Yardmasters.

If a Yardman or extra Yardmaster is filling the vacancy of an assigned Yardmaster on vacation, such Yardman or extra Yardmaster will assume all conditions and rest days of the position worked.

Section 9: Existing weekly or monthly guarantees producing more than five days per week shall be modified to provide for a guarantee of five days per week. Nothing in this Agreement shall be construed to create a guarantee where none now exists.

Section 10: The number of paid vacation days for which a yardmaster is eligible under any vacation rule shall be reduced by one-sixth, and the qualifying period, where expressed in days, shall likewise be reduced by one-sixth. Qualifying years accumulated prior to the effective date of this Agreement for extended vacations shall not be changed.

Note: Rule 6 of the current Yardmasters' Agreement is modified to read as follows:

"Yardmaster who have been continuously employed on positions covered by this Agreement one year or more will be allowed ten (10) days' vacation with pay per annum."

Section 11: Blank.

Section 12: None of the provisions of this Agreement relating to starting time shall be applicable to any classification of employees included within the scope of this Agreement which is not now subject to starting time rules.

Section 13: Existing agreements shall be revised to conform to the provisions of this Article 3.

Section 14: The parties hereto having in mind conditions which exist or may arise on individual Carriers in the application of the five-day work week agree that the duly authorized representative (General Chairman) of the yardmasters, 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.

Article 1 of Yardmasters' Agreement "A" further provides as follows:

"Upon the date this Agreement becomes effective:

"(e) An increase of $8.00 per month shall be added to the basic monthly rates of pay of yardmasters."

"(g) (1) The daily rate shall be determined by multiplying the monthly rate by 12 and dividing by 261."

"(2) The straight-time hourly rate shall be determined by dividing the monthly rate by 174."

Rule 4 (A) of the current Yardmasters' Agreement is cancelled.

See Rule 4 (a).

Except as herein provided, all existing rules not in conflict with this Memorandum of Agreement, as contained in the current Yardmasters' Agreement, will remain in effect.

Signed at Denver, Colorado, this 28th day of April, 1952.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

/s/ J. A. McNamara, General Chairman

FOR THE COLORADO AND SOUTHERN RAILWAY COMPANY:

/s/ J. D. Walker, Assistant Vice President and General Manager

RULE 6 - VACATIONS

National Vacation Agreement will apply.

RULE 7 - VACANCIES

(A) All new positions, temporary vacancies of five (5) days or more, and permanent vacancies will be bulletined for forty-eight (48) hours, bulletin to state hour bids will close. The senior eligible yardman submitting bid will be assigned. Temporary vacancies that it is known will exceed five (5) days will be advertised far bids forty-eight (48) hours prior to date such position becomes open for temporary assignment.

(B) Temporary vacancies of less than five (5) days' duration, also vacancies pending assignment under bulletin, will be filled by the senior eligible unassigned yardman in accordance with Paragraph (4), Rule 68 of Yardman's Agreement

.

Note: "Eligible yardmen" under this Rule is understood to mean yardmen whose applications have been approved for yardmaster's work in accordance with Paragraph E (1), Rule 68 of Yardmen's Agreement.

Amended by agreement signed January 16, 1976. See Appendix 1.

RULE 8 - REDUCTION IN FORCE

(A) Yardmasters displaced account force reduction may displace junior yardmasters. Yardmasters losing positions account reduction in force do not sacrifice rights for making application for new positions or vacancies when they occur.

(B) Yardmasters relinquishing positions voluntarily cannot thereafter make application for a yardmaster's position for a period of one year.

RULE 9 - LEAVE OF ABSENCE - SENIORITY RETAINED - TIME LIMIT ON CLAIMS - DISCIPLINE

Rule 69 "Leave of Absence," Rule 87 "Seniority Retained," Rule 71 "Time Limit on Claims," and Rule 73 "Discipline," of the yardmen's schedule will also apply to yardmasters.

RULE 10 - DURATION OF AGREEMENT

The foregoing rules and rates of pay constitute in their entirety the agreement between The Colorado and Southern Railway Company and the Brotherhood of Railroad Trainmen in regard to yardmasters, and shall remain in full force and effect until thirty (30) days' written notice has been served by either party on the other of its desire to change or terminate same in accordance with the provisions of the Railway Labor Act.

Signed at Denver, Colorado, this 1st day of January, 1962.

FOR THE ORGANIZATION:

/s/ J. A. McNamara, General Chairman

FOR THE CARRIER:

/s/ R. D. Wolfe, Assistant to Vice President (Labor Relations)

APPENDIX 1 (YM)

BN YM 1 /16/76

MEMORANDUM OF AGREEMENT between BURLINGTON NORTHERN INC. (BN), COLORADO AND SOUTHERN RAILWAY COMPANY (C&S) and Yardmaster employees of those Carrier who are represented by RAILROAD YARDMASTERS OF AMERICA (RYA) and UNITED TRANSPORTATION UNION - T (UTU)

This AGREEMENT is made pursuant to notice from the BN and C&S dated March 12, 1973, which constitutes notice of coordination under Section 4 of the Washington Job Protection Agreement of May, 1936, to all employees represented by the labor organizations parties hereto of the Carrier' intentions to coordinate yard facilities and operations at Denver, Colorado.

ARTICLE I - Purposes

The scope and purposes of this agreement are:

(a) To provide for application of Washington Job Protection Agreement benefits to affected yardmaster employees of C&S represented by UTU.

(b) To provide for the consolidation of terminal and switching limits of BN and C&S at Denver, Colorado, to the extent provided herein.

(c) To provide for the allocation of yardmaster assignments in the consolidated Denver terminal.

ARTICLE II - Protection

1. All BN and C&S employees holding regularly assigned positions as yardmasters in Denver yards on January 16, 1976 will be subject to the benefit provisions of the Washington Job Protection Agreement of May, 1936, if they lose their yardmaster assignment or are reduced to assistant yardmaster as a result of reduction in yardmaster jobs growing out of the coordination. If such a yardmaster can only hold a job as extra yardmaster, he will be guaranteed his normal rate of compensation, i.e., the daily rate of the position he holds on December 31, 1975 for each working day in the month during the protective period, rather than the test period earnings provided for in the Washington Job Protection Agreement.

2. If any of the BN yardmasters referred to in paragraph I hereof are protected under the BN Merger Protective Agreement, they will be given an option to take protection under this coordination agreement in lieu of benefits of the Merger Protective Agreement. There will be no pyramiding or duplication of benefits. Such option to be made within 60 days after the date of this agreement.

ARTICLE III - Consolidation of Terminal Services and Allocation of jobs

1. The present terminal and switching limits of the C&S and BN at Denver, Colorado, shall be consolidated.

2. A Denver terminal yardmaster list, listing the names of eight yardmasters from each the BN and C&S who held regular assignments as yardmaster at Denver on January 16, 1976, is attached to this agreement as Attachment A.

3. The Carrier will establish jobs for these sixteen yardmasters as regular yardmaster, relief yardmaster, or extra yardmaster, with a guarantee of five days' work per week, except weeks in which holidays occur. These sixteen jobs will be continued subject to attrition of the yardmaster listed on Attachment A.

4. (a) In the initial assignment of yardmaster jobs, three yardmaster jobs plus one relief yardmaster job will be established at each - 19th Street, 31st Street, 38th Street and South Denver.

(b) The yardmaster positions supervising South Denver and 38th Street will be allocated to C&S yardmasters; those supervising 19th Street and 31st Street will be allocated to BN yardmasters.

(c) If any of these yardmaster positions are abolished, the Superintendent and Local Chairman will meet and agree on the reallocation of yardmaster jobs with the understanding the number of jobs will, if possible, be equally divided between BN and C&S. If an unequal number, C&S will fill the extra job.

5. C&S or BN yardmaster listed on Attachment A are subject to displacement only by a senior C&S or BN employee, respectively, on authorized leave of absence, or by a senior employee with a right of displacement under applicable C&S-UTU or BN-RYA rules, as the case may be.

6. (a) If a yardmaster's position is abolished, the occupant of the position may exercise seniority on any position filled by a junior yardmaster from his railroad.

(b) If the abolishment of yardmaster position results in an uneven number of regular yardmaster jobs in the Denver terminal, then the C&S yardmaster who is affected may displace a junior C&S yardmaster or the junior BN yardmaster.

7. If additional yardmaster jobs are added at Denver, they will be allocated on an alternating basis between the employees of the two Carriers. Whenever there is an unequal number of yardmaster jobs, the C&S will fill the extra job.

8. Whenever there is a permanent vacancy on a yardmaster assignment at Denver, it will be bulletined only to yardmasters of the railroad to which the job is allocated.

9. In filling a temporary vacancy in any yardmaster position the agreement rules of the Carrier to which such position is allocated will be followed, unless there is an extra yardmaster with a five-day-per-week guarantee under paragraph 3 hereof who has not yet worked five days that week.

10. If there is regular "tag-end" relief work for yardmasters, it will be considered extra work and protected under applicable rules from the railroad from which the yardmaster who is assigned to work the job five days a week. For example, a C&S yardmaster is assigned to first trick yardmaster's job at 38th Street, Monday through Friday. Saturday is included as a part of a relief assignment. A yardmaster is needed on Sunday, which is not part of a relief assignment. It would be filled under applicable C&S-UTU rules pertaining to extra yardmaster work. This paragraph will not apply if there is an extra yardmaster with a five-day-per-week guarantee under paragraph 3 hereof who has not yet worked five days that week.

11. If the Carrier establishes a regular job to protect tag-end days as yardmaster and works the balance of the five days as a yardman, the job will be filled on an alternating four-month basis, the first four months to be filled by the railroad from which an employee is due the next regular yardmaster's job pursuant to paragraphs 7 and 8 hereof.

12. Yardmasters from C&S will work under C&S-UTU rules, and yardmasters from the BN will work under BN-RYA rules, except to the extent such rules are modified by this agreement. There will be no restrictions as to crews or territories supervised in the consolidated Denver terminal.

ARTICLE IV - General

1. Rates of pay (as of December 31, 1975) for yardmaster jobs in the Denver terminal will be:

31st Street $65.40 per day

South Denver $65.40 per day

19th Street $63.13 per day

38th Street $63.13 per day

2. Superintendent will meet with the local chairman and agree on rest days for regular and relief yardmaster assignments.

3. All pre-existing agreements that do not conflict with the terms hereof will remain in effect.

4. This agreement supersedes and nullifies the agreement dated November 25, 1974 dealing with the same subject matters.

5. This agreement will become effective on the coordination of yard operations at Denver, Colorado, January 16, 1976.

Dated at Denver, Colorado, this 16th day of January, 1976.

FOR RAILROAD YARDMASTERS OF AMERICA:

/s/ N. P. Jones, General Chairman (BN)

FOR UNITED TRANSPORTATION UNION:

/s/ A, S. Driver, General Chairman (C&5)

APPROVED:

/s/ C. F, Christiansen

FOR BURLINGTON NORTHERN INC.:

/s/ T. C. DeButts, Vice President, Labor Relations

FOR COLORADO AND SOUTHERN RAILWAY COMPANY

/s/ D. M. Tisdale, Director, Labor Relations

107

ATTACHMENT A

NAME RAILROAD

1. A. L. Seale C&S

2. R. E. Druse BN

3. R. W. Kennedy C&S

4. V. D. Knarr BN

5. F. K. Taylor C&S

6. F. J. Martin BN

7. C. M. Ries C&S

8. A. J. Defeo BN

9. C. M. Bain C&S

10. M. I. Roe BN

11. E. W. Zimbleman C&S

12. I. H. Cox BN

13. L. F. Wright C&S

14. R. F. Loukota BN

15. S. Ortiz C&S

16. D. C. Eichinger BN

BN Yardmasters will fill yardmaster jobs at 19th Street and 31st Street, and C&S Yardmasters will fill yardmaster jobs at South Denver and 38th Street, pursuant to the coordination agreement.

MEMORANDUM OF AGREEMENT

BETWEEN

BURLINGTON NORTHERN RAILROAD (Formre C&S)

and

UNITED TRANSPORTATION UNION

IT IS AGREED:

1. Yardmasters may be required to operate yard management system.

2. Yardmasters who are required to operate yard management system shall be allowed $1.85 per shift, inaddition to any other earnings. Such allowance is not subject to future wage increases or cost of living adjustments.

3. This agreement is in full settlement of the notice served June 14, 1982, by the United Transportation Union under the provisions of Section 6 of the Railway Labor Act, as amended, and such noticesare hereby withdrawn and closed.

This Agreement shall become effective this 5th day of August 1983 and shall remain in effect until and unless changed in accordance with the provisions of the Railway Labor Act as amended.

Signed at Fort Worth, Texas tis 5th day of August 1983

For the For the

UNITED TRANSPORTATION UNION BURLINGTON NORTHERN RAILROAD

A. S. Driver, General Chairman B. J. Mason, Director Labor Relations

APPROVED:

G. T. DuBose, Vice President