UTU Local 1637 Home Page

Basic Day

RULE 2. One hundred miles or less (straightaway or turnaround) five hours or less, except as provided in Rule 3, shall constitute. a day's work; miles in excess of 100 will be paid for at the mileage rate provided, according to class of engine.

Overtime­Earnings Guarantee­Turnaround Runs

RULE 3. (a) Engineers on short turnaround passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty, in excess of 8 hours (computed on each run from the time required to report for duty to the end of that run) within 10 consecutive hours; and also for all time in excess of 10 consecutive hours computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour. This rule applies regardless of mileage made.

For calculating overtime under this rule the management may designate the initial trip.

NOTE­ When engineers are used for extra or unassigned passenger service, call shall specify whether crew is to be operated on turnaround or straightaway basis.

EXAMPLES:

  • (1) A passenger crew is in short turnaround service, making several turns from 7 A.M. to 5 P.M., and is relieved 61 minutes at some period during the day.
  • This 61 minutes is deducted from the 10 hours, and crew to entitled to 59 minutes overtime.
  • (2) A passenger crew is in short turnaround service from 8 A.M. to­8 P.M., is relieved during this period several times for a few minutes­10, 15, 26 and in one case 59 minutes­but, due to the fact that they were not relieved over one hour in any one period, continuous time is allowed, and crew is entitled to four hours overtime.
  • (3) A crew is in short turnaround passenger service. The day begins at 6 A.M. Crew is relieved at 9 A.M., again goes on duty at 3 P.M. and is finally released at 8 P.M.
  • The crew is on duty or held for duty 4 hours in the first 10 consecutive hours between 6 A.M. and 4 P.M.: therefore no overtime accrues under the 8­hour provision; is entitled to four hours overtime for the period from 4 P.M. to 8 P.M. Pay crew actual miles run with minimum of 100 and 4 hours overtime.
  • (4) For some reason on a given day this crew is kept on duty in its regular assignment from 6 A.M. to 2:30 P.M. and again goes on duty at 3:81 P.M., finally released at 8:05 P.M.
  • This crew has made 8 hours and 59 minutes or 69 minutes overtime in the first 10 consecutive hours; In addition to this has made four hours five minutes overtime after the expiration of the first 10 hours (4 o'clock) or a total of 59 minutes, plus 4 hours 5 minutes, equaling 5 hours 4 minutes overtime for the trip. Pay actual miles run, with minimum of 100, and 5 hours 4 minutes overtime.
  • (5) A crew is on duty from 7 A.M. to 3:30 P.M., resumes duty at 6 P.M. and is relieved at 7 P.M.
  • Crew is on duty 8 hours 30 minutes within the first ten hour period producing 30 minutes overtime on this period. Time in excess of 10 consecutive hours (5 to 7 P.M.) 2 hours, making total of 2 hours and 30 minutes overtime. Pay actual miles run with minimum of 100, and 2 hours and 30 minutes overtime.
  • (6) A passenger crew is on duty from 6 A.M. to 12 noon, resumes duty at 1:30 P.M. (this time is deducted). The time in excess of 10 consecutive hours is three hours, making a total of 3 hours and 30 minutes overtime. Pay actual miles run, with minimum of 100, and 3 hours and 30 minutes overtime.
  • (b) Engineers on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour computed continuously from the time required to report for duty until released at the end of the last run. Overtime shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed, overtime, shall not accrue until the expiration of 5 hours from the time of first reporting for duty.
  • (c) Overtime in all passenger service shall be paid for on the minute basis at a rate per hour of not less than one­eighth of the daily rate herein provided, according to class of engine with a minimum of $1.26 per hour.
  • (d) In all passenger service, the earnings from mileage overtime or other rules applicable, for each day service is performed, shall be not less than $10.93 for engineers.
  • In applying the $10.93 minimum for engineers in passenger service, it is intended that on assignments where the men run so as to make only the equivalent of a single trip in one direction each day, they shall be paid the guaranteed minimum for each single trip.
  • For example: On a 100 mile division men double the road Monday, lay over Tuesday, double Wednesday, and lay over Thursday, etc. They should be allowed the minimum for each leg of their turnaround trip.
  • On the same division other crews double the road Monday and Tuesday, and lay over Wednesday, double Thursday and Friday, and lay over Saturday. These men make the equivalent of four single trips every three days, and therefore would not be entitled to the minimum for each trip.
  • (e) In suburban service, turning engine or train at turning points will be considered work incident to trip.
  • NOTE­Where incidental service has been permissible under the schedules or the practices of individual roads, time consumed in such incidental or additional service and paid for separately should not be included in calculating time under the 8 within 10 hour rule.
  • (f) Other passenger service turnaround runs between two terminals will be computed as straightaway runs on basis of 20 miles per hour, provided:
  • 1. The distance between such terminals does not exceed eighty­five miles, or­
  • 2. The turnaround run leaves within ten hours from the time required to come on duty for the first trip. Otherwise a minimum of 100 miles will be allowed for each such run between terminals.
  • Overtime­Earnings Guarantee­Turnaround Runs

    RULE 3. (a) Engineers on short turnaround passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty, in excess of 8 hours (computed on each run from the time required to report for duty to the end of that run) within 10 consecutive hours; and also for all time in excess of 10 consecutive hours computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour. This rule applies regardless of mileage made.

    For calculating overtime under this rule the management may designate the initial trip.

    NOTE­ When engineers are used for extra or unassigned passenger service, call shall specify whether crew is to be operated on turnaround or straightaway basis.

    EXAMPLES:

  • (1) A passenger crew is in short turnaround service, making several turns from 7 A.M. to 5 P.M., and is relieved 61 minutes at some period during the day.
  • This 61 minutes is deducted from the 10 hours, and crew to entitled to 59 minutes overtime.
  • (2) A passenger crew is in short turnaround service from 8 A.M. to­8 P.M., is relieved during this period several times for a few minutes­10, 15, 26 and in one case 59 minutes­but, due to the fact that they were not relieved over one hour in any one period, continuous time is allowed, and crew is entitled to four hours overtime.
  • (3) A crew is in short turnaround passenger service. The day begins at 6 A.M. Crew is relieved at 9 A.M., again goes on duty at 3 P.M. and is finally released at 8 P.M.
  • The crew is on duty or held for duty 4 hours in the first 10 consecutive hours between 6 A.M. and 4 P.M.: therefore no overtime accrues under the 8­hour provision; is entitled to four hours overtime for the period from 4 P.M. to 8 P.M. Pay crew actual miles run with minimum of 100 and 4 hours overtime.
  • (4) For some reason on a given day this crew is kept on duty in its regular assignment from 6 A.M. to 2:30 P.M. and again goes on duty at 3:81 P.M., finally released at 8:05 P.M.
  • This crew has made 8 hours and 59 minutes or 69 minutes overtime in the first 10 consecutive hours; In addition to this has made four hours five minutes overtime after the expiration of the first 10 hours (4 o'clock) or a total of 59 minutes, plus 4 hours 5 minutes, equaling 5 hours 4 minutes overtime for the trip. Pay actual miles run, with minimum of 100, and 5 hours 4 minutes overtime.
  • (5) A crew is on duty from 7 A.M. to 3:30 P.M., resumes duty at 6 P.M. and is relieved at 7 P.M.
  • Crew is on duty 8 hours 30 minutes within the first ten hour period producing 30 minutes overtime on this period. Time in excess of 10 consecutive hours (5 to 7 P.M.) 2 hours, making total of 2 hours and 30 minutes overtime. Pay actual miles run with minimum of 100, and 2 hours and 30 minutes overtime.
  • (6) A passenger crew is on duty from 6 A.M. to 12 noon, resumes duty at 1:30 P.M. (this time is deducted). The time in excess of 10 consecutive hours is three hours, making a total of 3 hours and 30 minutes overtime. Pay actual miles run, with minimum of 100, and 3 hours and 30 minutes overtime.
  • (b) Engineers on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour computed continuously from the time required to report for duty until released at the end of the last run. Overtime shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed, overtime, shall not accrue until the expiration of 5 hours from the time of first reporting for duty.
  • (c) Overtime in all passenger service shall be paid for on the minute basis at a rate per hour of not less than one­eighth of the daily rate herein provided, according to class of engine with a minimum of $1.26 per hour.
  • (d) In all passenger service, the earnings from mileage overtime or other rules applicable, for each day service is performed, shall be not less than $10.93 for engineers.
  • In applying the $10.93 minimum for engineers in passenger service, it is intended that on assignments where the men run so as to make only the equivalent of a single trip in one direction each day, they shall be paid the guaranteed minimum for each single trip.
  • For example: On a 100 mile division men double the road Monday, lay over Tuesday, double Wednesday, and lay over Thursday, etc. They should be allowed the minimum for each leg of their turnaround trip.
  • On the same division other crews double the road Monday and Tuesday, and lay over Wednesday, double Thursday and Friday, and lay over Saturday. These men make the equivalent of four single trips every three days, and therefore would not be entitled to the minimum for each trip.
  • (e) In suburban service, turning engine or train at turning points will be considered work incident to trip.
  • NOTE­Where incidental service has been permissible under the schedules or the practices of individual roads, time consumed in such incidental or additional service and paid for separately should not be included in calculating time under the 8 within 10 hour rule.
  • (f) Other passenger service turnaround runs between two terminals will be computed as straightaway runs on basis of 20 miles per hour, provided:
  • 1. The distance between such terminals does not exceed eighty­five miles, or­
  • 2. The turnaround run leaves within ten hours from the time required to come on duty for the first trip. Otherwise a minimum of 100 miles will be allowed for each such run between terminals.
  • Terminal Switching

    RULE 4. Engineers required to do switching at terminals will be paid for time so employed on the basis of one­eighth of the daily rate per hour. When overtime accrues the allowance for switching or the overtime, whichever is the greater, will be paid.

    NOTE­The same method of computation will apply to other terminal or special allowances in passenger, service. This does not apply to allowances covered by Rules 6, 7, 12 and 15.

    NOTE­In calculating the time engaged in switching it is understood that the time will be continuous from the time the work is begun until it is completed and train is coupled together.

    Beginning and Ending of Day

    RULE 5. Road passenger engineers' time will commence thirty minutes before engine is ordered to leave roundhouse track, or any other designated track, or, at the time they begin work, if they do not report at the time specified, and will end when they are relieved from the care of their engines.

    Example:

    Train ordered for 10 A.M., engine ordered to leave roundhouse track at 9:30 A.M., time to be computed from 9 A.M.

    Non­Incident Work

    RULE 6. (a) Engineers of trains required to do work not incident to trip, will be paid for time held, in addition to time or miles made on trip.

    (b) Where work train work is done in connection with other service, engineers will be paid at overtime rates for time held.

    Turning Engines

    RULE 7. Engineers turning engines on turntable or wye at terminals will be paid for actual time consumed on the basis of one­eighth of the daily rate per hour. This in addition to all other allowances. The above does not apply when engineers are receiving compensation under final terminal delay rule.

    Minneapolis

    Minneapolis

    RULE 8. Thirty minutes will be allowed to passenger engineers for handling trains between Union Depot and freight yards Minneapolis, on basis of one­eighth of the daily rate per hour.

    Saint Paul

    RULE 9. Passenger engineers will be allowed overtime on basis of one­eighth of the daily rate per hour for time consumed in taking trains between St. Paul Union Depot and Mississippi Street, including turning trains on Trout Brook Wye, with a minimum allowance of thirty minutes.

    Ashland

    RULE 10. Engineers on passenger trains first sub­division, Lake Superior Division, will be allowed thirty (30) minutes each trip at Ashland for making up their trains and taking them from the N. P. Yard to the C. St. P. M. & O. Ry. depot, on the basis of one­eighth of the daily rate per hour.

    Butte

    RULE 11. Passenger engineers will be allowed thirty (30) minutes for handling engines between

    roundhouse and passenger depot at Butte, on the basis of one­eighth of the daily rate per hour,

    Spokane

    RULE 12. Passenger engineers on trains which originate or terminate at Spokane, will be allowed overtime on basis of one­eighth of the daily rate per hour, for time consumed in handling engines between Spokane and Parkwater, with a minimum allowance of thirty minutes. This in addition to all other allowances for the trip.

    Lewiston

    RULE 13. (a) Passenger engineers of outgoing trains will be allowed thirty minutes for handling train from New Yard to Passenger Station at Lewiston, on the basis of one­eighth of the daily rate per hour.

    (b) Engineer on the turnaround run, Stites to Lewiston and return, will be allowed fifteen minutes for handling train from Station to New Yard, and fifteen minutes for handling train from New Yard to Station, both on the basis of one­eighth of the daily rate per hour.

    Lighting and Heating­1nitial Terminal Delay

    RULE 14. (a) Passenger engineers required to be on hand to heat or light trains, or both, thirty minutes or more in advance of the leaving time, or after arrival, of train, will be allowed actual time for this service on basis of one­eighth of the daily rate per hour; the time on outgoing trains to be figured from the arrival at station to time train is scheduled to leave; on incoming trains from the time of arrival until relieved from that service.

    When main line steam­heated or electric­lighted trains are held by time table at any station between the limits of engineers' run thirty minutes or more, engineers will be allowed time on the basis of one­eighth of the daily rate per hour for such service.

    (b) Engineers on road passenger engines detained in yard one hour or more before starting

    will be paid for same on basis of one­eighth of the daily rate per hour; time on trip to be figured as per Rule 5, less this yard detention time.

    EXAMPLE:

    Length of run (time on run 5 hours). . 120 miles

  • Train ordered for 9 A.M.
  • Engine ordered to heat train
  • from 8:30 A.M. (30 minutes)....... 6 ¼ miles

    Departure delayed until 10 A.M. ( 1hr.) 12 ½ miles

    Total allowance.................... 138 ¾ miles

    NOTE­Paragraph (b) of Rule 14 applies alike to engines running light or handling trains.

    Constructive Mileage

    RULE 15. Engineers on engines in road passenger service running over the districts named below will be allowed constructive mileage as follows:

  • Kendrick and Howell
  • Livingston and Bozeman
  • Whitehall and Butte
  • Lester and Easton Six (6)

    Helena and Blossburg constructive

    Missoula and Arlee miles.

  • Saltese and Wallace
  • Hunt and Pendleton
  • Smeltz and Duroc
  • Empty Passenger Equipment

    FREIGHT SERVICE

    Rates of Pay

    RULE 20. Rates for engineers in through and irregular freight, pusher, helper. mine run or roustabout, belt line or transfer, work, wreck, construction, snowplow, circus trains, trains established for the exclusive purpose of handling milk, and all other unclassified service shall be as follows:

    (WEIGHTS ON DRIVERS DELETED)

    Basic Day and Overtime

    RULE 21. (a) In all classes of service covered by Rule twenty, 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, according to class of engine or other power used.

    (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 ½. Overtime shall be paid for on the minute basis, at an hourly rate of three­sixteenths of the daily rate according to class of engine or other power used.

    Beginning and Ending of Day

    RULE 22. Road freight engineers' time will commence at the time they are required to report

    for duty and shall continue until the time the engine is placed on the designated track or they are relieved at terminal.

    Turnaround Runs

    RULE 23. (a) In freight and mixed service, turnaround run is a run from a terminal to an intermediate point and return to starting terminal time to be continuous and not less than 100 mile will be allowed for each run, except as hereinafter provided.

  • (b) Regular assignments may be made consisting of a succession of short trips out of a terminal provided the second or any succeeding run shall be started within eight (8) hours from the time crew was required to come on duty for the first trip, or when the actual miles run are less than one hundred (100); otherwise, the additional runs will be considered as commencing a new day.
  • (c) Engineers in pool or irregular freight service may be called to make short trips and turn arounds, with the understanding that one or more turnaround trips may be started out of the same terminal and paid actual miles, with a minimum 100 miles for a day, provided (1) that the mileage of all the trips does not exceed 100 miles, (2) that the distance run from the terminal to the turning point does not exceed 25 miles, and (3) that engineers shall not be required to begin work on a succeeding trip out of the initial terminal after having been on duty eight consecutive hours, except as new day, subject to the first­in first­out rule or practice.
  • NOTE­When engineers are to be used in turn around service they will be so advised when called.
  • (d) The turnaround point will be considered intermediate point.
  • Terminal Switching

    Rule 24. Engineers required to do switching at terminals will be paid for time so employed on the basis of one­eighth of the daily rate per hour. When overtime accrues, the allowance for switching or the overtime, whichever is the greater, will be paid.

    EXAMPLES:

    (a) Required to report at A, 7 A.M.; switches at A until 9 A.M.; leaves A at 9 A.M. and runs to D. 100 miles; relieved at B, 3 P.M.

    Compensation­100 miles plus 2 hours' switching at former rates.

    (b) 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.

    Compensation­100 miles plus 2 hours' switching at former rates, such allowance being greater than 1 hour overtime at one and one­half time.

    (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, 4:20 P.M.

    Compensation­Either 100 miles plus 2 hours' switching at former rates or 100 miles and 1 hour 20 minutes road overtime at 3/16 of the daily rate per hour, because the money value of the former allowance and the money value of the road overtime at 3/16 of the daily rate are equal.

    (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, 5 P.M.

    Compensation­100 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 former rates.

    NOTE­In calculating the time engaged In switchIng it is understood that the time will be continuous from the time the work is begun until It is completed and train is coupled together.

    Turning Engines

    RULE 25. In freight service, turning engines on turntable or wye at terminals will be considered terminal switching.

    Doubling Hills

    Rule 26. Freight engineers required to double hills will be allowed mileage of double added to mileage of trip.

    EXAMPLES:

    (1) Distance 115 miles; required to double 5 miles; total actual miles 125.

    Allowance, 125 miles at the mileage rate plus overtime, if any, accruing after 10 hours.

    (2) Distance 90 miles; required to double 4 miles; total actual miles 98.

    Allowance, 100 miles.

    (3) Mileage same as shown in Example 2; crew on duty 10 hours.

    Allowance, 100 miles at mileage rate, plus 2 hours overtime at 3/16 of the daily rate.

    Special Mileage Allowances

    RULE 27. In addition to the time card mileage, the following allowances will be made, as long as present conditions continue:

  • (a) Brainerd. Westbound Lake Superior Division freight engineers (except on way freights), one mile.
  • (b) Staples. Westbound Lake Superior and St. Paul Division freight engineers, one mile.
  • (c) Dilworth. Eastbound Saint Paul Division freight engineers and westbound freight engineers on Fargo & Southwestern, one mile.
  • (d) Butte. Montana Division freight engineers who are required to go from roundhouse to M. U. Yard with or for trains, and Rocky Mountain Division freight engineers handling their engines from roundhouse to M. U. Yard, 1.7 miles.
  • (e) Missoula. Westbound First Sub­division freight engineers delivering train in west yard,
  • 1.5 miles.
  • (f) Yakima. Engineers between Auburn and Yakima on freight trains received or delivered in the new train yard at Yakima east of the passenger station, one mile.

    Constructive Mileage

    RULE 28. Engineers on engines in road freight and work service running over or working on the districts named below, will be allowed constructive mileage as follows, for each trip over the district or for each period of 8 hours and pro rata for time less, or in excess of 8 hours:

    Kendick and Howell, Six (6) constructive miles.

    Livingston and Bozeman Twelve (12) constructive miles.

  • Whitehall and Butte
  • Lester and Easton
  • Helena and Blossburg
  • Missoula and Arles
  • Saltese and Wallace
  • Hunt and Pendleton Eight (8)constructive
  • Smeltz and Duroc
  • Engineers on engines used in pusher or mountain helper service, working on the districts enumerated in this rule, will receive constructive mileage allowances as specified for each day of eight (8) hours or less, and pro rata for time in excess of eight hours.

    LOCAL FREIGHT SERVICE

    RULE 29. (a) Local freights are trains whose work is the loading or un1oading of freight or doing station switching en route. Engineers on such trains will be paid ten (10) per cent increase over regular rates.

    (b) Engineers in through freight or irregular freight required to load or unload freight at more than two points en route or pick up or set out cars at four or more points en route, or do station switching at any point, will be paid local freight rate for the entire trip, setting out disabled cars and cars with hot boxes excepted.

    © Engineers on log trains (except straightaway log runs handled in through freight service), coal trains to and from mines, regularly assigned ore service and transfer or switch runs, will be paid at local freight rates.

    (d) When one train is operated westbound between Lake Park and East Grand Forks, via Crookston, it will be classed and paid as a local.

    Application of Local Freight Rate

    RULE 30. On any local freight run on which the increased compensation of ten per cent is allowed, engineer performing such service will be entitled to the increased compensation, whether regularly assigned to the run or not.

    Local Freight Trains Tied Up

    RULE 31. When local trains are tied up for rest they will not be paid for resting time, except as

    provided in Rule 104, but will be allowed one day for completing the trip.

    PUSHER SERVICE

  • Pusher Districts­Runarounds
  • Non­Incident Work
  • RULE 32. (a) Pusher districts will be regularly established on divisions, the limits of which will be specified on time table.

    (b) Not starting engineers assigned to pusher service in turn will be considered a runaround.

    Being runaround while on duty, or engines on Bozeman Mountain being returned to their assignment out of turn after being brought to Livingston for repairs, will not be considered a runaround.

    © When engineers in pusher service are used in other than pusher service which is not in connection with train being assisted, they will be paid not less than a minimum day for such service; such allowances will be computed separately from the time on duty in pusher service and excluded in computing overtime in pusher service.

    Garrison­Blossburg­Pusher District

    RULE 33. The territory between Garrison and Blossburg will be known as a pusher district and operated by regular assigned crews.

    Service Description­Basis of Payment

    RULE 34. (a) Pusher service will be operated by regularly assigned crews and paid according to the provisions of paragraph © of this rule, except that where the requirements of the service on a district do not warrant the assignment of regular crews, pusher service will be operated from the chain gang list, if available.

    NOTE­When operated by regular assigned crews, and the service requires the use of additional crews temporarily, such service will be performed by crews from the extra list, if available.

    (b) An increase in the number of engines assigned to pusher service for seven days or less will be considered temporary and the provisions of Rule 65 will not apply; otherwise, they will be governed by the same rules covering regular assigned pusher service.

    When chain gang crews or extra crews are used in pusher service, on any pusher district, they will be governed by the pusher rules.

    © Regular assignments may be made consisting of a succession of short trips out of a terminal, provided a second or any succeeding run shall be started within eight (8) hours from the time crew was required to come on duty for the first trip or when the actual miles run are less than one hundred (100); otherwise, the additional runs will be considered as commencing a new day.

    (d) Freight and passenger pusher service may be operated separately on any one district, with the understanding that if a crew in passenger pusher service is used to help a freight train or vice versa, not less than a minimum of one hundred (100) miles will be allowed for such service.

    MOUNTAIN SERVICE

    Districts­Service Description­Basis of payment­

    Non­Incident Work

    RULE 35. (a) Except as provided in paragraph (d) of this rule, mountain helper service will be considered assigned service and come under the provisions of Rule 65, which will include engineers assigned to runs or work between the following points:

    Helena and Blossburg,

    Missoula and Arlee,

    Easton and Lester,

    Whitehall and Butte,

    Saltese and Wallace.

    NOTICE ­It will not be necessary under this rule to assign helper crews to any particular train or trip.

    Engineers of engines used as helpers on the districts specified over whether regularly assigned to that service ornot, will be considered in mountain service.

    Freight and passenger helper service may be operated separately on any one district with the understanding that if a crew in passenger helper service is used to help a freight train or vice versa, not less than a minimum of 100 miles will be allowed for such service.

    (b) In assigned helper service a turnaround run is a run from a terminal to an intermediate point and return to starting terminal, time to be continuous and not less than 100 miles will be allowed for each round trip, except as hereinafter provided.

    © Assignments may be made consisting of a succession of short trips out of a terminal, provided a second or any succeeding run shall be started within eight (8) hours from the time crew was required to come on duty for the first trip, or when the actual miles run are less than one hundred (100); otherwise, the additional runs will be considered as commencing a new day.

    (d) An increase in the number of engines assigned to helper service for seven days or less will be considered temporary and the provisions of Rule 65 will not apply; otherwise, they will be governed

    by the same rules covering regular assigned helper service.

    NOTE­Limits of helper districts applying to regularly assigned crews' will be applied to extra helper crews, also the same penalty rules applying.

    (e) When engineers assigned to mountain helper service are used in other than mountain helper service, not in connection with trip as mountain helper, they will be paid a minimum day for, and at the rate applying to such service; such allowances will be computed separately from time on duty in mountain helper service and excluded in computing overtime in mountain helper service.

    NOTE­This rule applies to service between the points named in this rule and starting terminal must be designated in such assignment, and such crews will be entitled to continuous time until their return.

    Leaving starting terminal after being on duty eight (8) hours, from time of commencing the day's work, or having run 100 miles, a new day will start.

    WORK TRAIN SERVICE

    Basis of Payment­Sunday Layover

    RULE 36. (a) In work service, the allowance will be on a continuous time or mileage basis, without regard to arrival and departure from terminals during the time in such service.

    (b) Engineers in work service will not be allowed time for Sunday if they do not work on that day.

    Engineers regularly assigned to work train service requiring them to be away from home, over Sunday, will, unless otherwise advised, be permitted to go home for that day, providing they can return before time for beginning work Monday morning. If advised to remain with engine over Sunday and are not worked, they will be paid one day at work train rates.

    © Engineers in unassigned work train or snow plow service of less than six days will not be tied up between terminals prior to the expiration of ten hours' service; if tied up prior to ten hours, time for ten hours' service will be allowed.

    SNOWPLOW SERVICE

    Rates of Pay­Flanging

    Rule 37. (a), Engineers of engines used in snowplow service will be paid local freight rates. This includes engines pushing rotary, Russell and wedge plows, but not engineers running rotary plows.

    (b) When plows are run over road not in service, engineers will be paid at through freight rates but if used en route to widen cuts or flange sidings, engineers will be paid local freight rates the entire trip.

    © Engineers of engines used for flanging be paid at through freight rate, except when flanging is done in connection with other service, when the rate applying to such other service will be paid.

    (d) Regular assignments to snowplow service governed by the provisions of Rule 65, will not subject to the application of Rule 62. In temporary assignments Rule 62 will not apply when run and out of the same terminal during the course the day's assignment, but will apply on straight away runs from one established chain gang terminal to another.

    Rotary Plow­Basis of Payment

    RULE 38. Engineers used as engineers of rotary plows will be considered in snowplow service paid as per Rules 21, 28 and 100.

    TRANSFER SERVICE

    Layover Day

    RULE 39. Engineers in transfer service will be allowed time for Sunday If they do not work that day.

    Local Work

    RULE 40. Ten per cent over regular rates will be allowed engineers performing service classed under provisions of Rule 29, clause ©.

    CIRCUS TRAINS

    RULE 41. (a) Engineers handling circus trains that stop to exhibit will, except on the last move be paid not less than 12 hours 48 minutes or 160 miles at through freight rate for each move, including loading and or unloading of circus; over time at 3/16 of the daily rate will be allowed for time in excess of 12 hours 48 minutes and if the mileage exceeds 160, overtime will begin when the time on duty exceeds the miles run divided by 12

    On the last move, if less than 12 hours 48 minutes is used, actual time or miles will be paid with a minimum of 100 miles; overtime at 3/16 of the daily rate will be allowed for time in excess of 8 hours and If the mileage exceeds 100, overtime will begin when the time on duty exceeds the miles run divided by 12.5.

    Engineers used in other service during the time circus is exhibiting shall be paid extra therefor, according to the class of service performed, unless the service performed is switching made necessary by the presence of the circus train. When these trains do not stop to exhibit, they will be considered a through freight train.

    (b) Theatrical trains stopping to exhibit will be allowed same time as above at through freight

    be considered as through passenger trains.

    EXAMPLE:

    When theatrical train stops to exhibit and the last move of train requires fourteen hours, and the distance run is ninety miles, the allowance will be 100 miles and six hours overtime at 3/16 of the daily rate per hour.

    Theatrical train that does not stop to exhibit, run 100 miles in eight hours and forty minutes; allowance will be 100 miles, and three hours and forty minutes overtime at the passenger overtime rate.

    Combination Road­Switch Runs

    RULE 42. Assignments may be made between Cle Elum and Lakedale combining yard and road service.

    At other points where switching service is not maintained turnaround assignments in road switch service may be made combining road and yard service providing the total mileage of the road trip does not exceed thirty­five miles.

    The combination service will be computed on continuous time basis at local freight rates. If crews are required to leave home terminal after having been on duty eight consecutive hours a new day will be started.

    Engineers in such assignments will be allowed twelve (12) constructive miles for each day of eight (8) hours or less, and pro rata for time in excess of eight (8) hours.

    Road rules will apply with the exception of Rules 24, 25, 62 and 68, which will not apply to such assignments.

    EXAMPLE 1:

  • Crew comes on duty at 7:00 A.M.
  • Relieved at 3:00 P.M.
  • Allowance­112 miles.
  • EXAMPLE 2:

  • Crew comes on duty at 7:00 A.M.
  • Relieved at 4:00 P.M.
  • Allowance­113 ½ miles at the mileage rate plus one hour overtime at 3/16 of the daily rate.

    EXAMPLE 3:

  • Crew comes on duty at 7:00 A.M.
  • Relieved at 5:00 P.M.
  • Allowance­115 miles at the mileage rate plus two hours overtime at 3/16 of the daily rate.

    YARD SERVICE

    Rates of Pay

    RULE 50. Rates for engineers in yard service shall be as follows:

    (TABLES DELETED)

  • Basic Day­Computation of Time­Overtime
  • Point for Going On and Off Duty
  • RULE 51. (a) Eight hours or less shall constitute a day's work.

    Time of engineers in switch service will be computed from 15 minutes before the time required to leave the Roundhouse track, or any other designated track, until relieved from care of engine.

    EXAMPLE:

    Engine ordered to leave roundhouse track, or any other designated track, at 7:00 A.M.; time to be computed from 6:45 A.M.

    Time of engineers of switch engines double or triple crewed and changing shift without intermission will be computed from time required to commence work.

    (b) Except 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 from one assignment to another; or when extra men are required by schedule rules to be used (any rules to the contrary to be changed accordingly), all time worked in excess of 8 hours' continuous service in a 24­hour period shall be paid for as overtime, on the minute basis, at one and a one­half times the hourly rate, according to class of engine.

    This rule applies only to service paid on the hourly or daily basis and not to service paid on mileage or road basis.

    EXAMPLES:

    Question (1). What compensation should be allowed for additional service where a crew is regularly assigned to work 12 midnight to 8 A.M. and (service performed not affected by exceptions outlined in this rule): (a) Is required to cover the third shift on the same day, 4 P.M. to 12 midnight? (b) Is required in an emergency to work 8:30 A.M. until 11:30 A.M.? © Is required In an emergency to work 8 P.M. to 12 midnight (4 hours) on the same day? (d) Is given 48 hours, notice and assignment is moved up an hour, starting at 11 P.M. and being relieved at 7 A.M., and consequently in the 24­hour period works 9 hours, but not more than 8 hours on a shift?

    Decision. (a) Eight hours at time and one­half. (b) Eight hours at time and one­half. © Eight hours at time and one­half. (d) On account of complying with the 48­hour provision, which makes it permissible to change beginning time, crews only entitled to a minimum day.

    Question (2). An extra man is worked on two 8 hour shifts within the same 24­hour period, or on one 8­hour shift and is started on another shift in the same 24­hour period that spreads into the next 24hour period. How shall he be paid for such service?

    Decision. It should be understood that under that portion of paragraph (b) applying to extra men when required to remain on duty in excess of 8 hours in continuous service they will receive overtime at time and one­half on the minute basis. When they start a second trick within a 24­hour period they will not be paid under the overtime rule, but will start a new day regardless of present rules and will receive for 8 hours or less straight time rates. The intent of this is not to deprive extra men of extra work which would result if time and one­half had to be paid for the second shift.

    Question (3). What compensation should be allowed an extra man who is called and at 4 A.M.. relieves a regular man who is covering an assignment, 12 midnight to 8 A.M.. and the assignment works until 9 A.M.: Regular engineer working 4 hours. Extra engineer working 5 hours. Remainder of crew working 9 hours.

    Decision. Extra man will receive a minimum day only.

    © Yard engineers shall have a designated point for going on duty and a designated point for going off duty.

    The point for going on and off duty will be governed by local conditions. In certain localities instructions will provide that engine crews will report at the hump, others report at yard office, others at engine houses or ready tracks. It is not considered that the place to report will be confined to any definite number of feet, but the designation will indicate a definite and recognized location.

    NOTE­Explanation of Payments: Engineer on first assignment receives engine at roundhouse and is relieved at some other point to be allowed 15 minutes preparatory time and 15 minutes after completion of day's work to compensate for not returning to starting point.

    Engineer on second assignment changing without intermission not entitled to preparatory time to be allowed 15 minutes at end of day's work.

    Engineer on third assignment receiving and delivering engine at roundhouse to be paid preparatory and inspection time.

    Assignments

    RULE 52. Engineers 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 is practicable assignments shall be restricted to 8 hours' work.

    Starting Time

    RULE 53. (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. Practices on individual roads as to handling of transfer crews are not affected by this section.

    (b) Where three 8­hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 A.M. and 8 A.M.; the second 2:30 P.M. and 4 P.M.; and the third 10:30 P.M. and 12 midnight.

    © Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in section (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: 3 0 P.M.

    (e) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in sections (b) or (d).

    (f) At points where only one yard crew is regularly employed, they can be started at any time,

    subject to section (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.

    Calculating Assignments and Meal Periods­

    Shop Yard Engines

    RULE 54. (a) The time for fixing the beginning of assignments or 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.

    (b) Yard crews will be given the usual notice of change in working conditions as will enable crews to exercise their seniority rights.

    NOTE­Notice of changes in starting time or assignments will be posted at designated points.

    © Where yard engines work six days per week, and one or more engines are required to work Sundays or Holidays, engineers in such service will have preference to such Sunday or Holiday work in accordance with their seniority.

    (d) Engineers who are assigned to and operate shop yard engines will be paid the yard rates of wages and be governed by the yard service rules.

    Lunch Time

    RULE 55. (a) Yard crews will be allowed 20 minutes for lunch between 4 ½ and 6 hours after starting work without deduction in pay.

    (b) Yard crews will not be required to work longer than 6 hours without being allowed 20 minutes for lunch, with no deduction in pay or time therefor.

    © The time for meals will commence at the time engine crew is released from care of engine.

    NOTE­The lunch period must be given and completed within 4 ½ and 6 hours after starting work.

    Arbitraries and Special Allowances

    RULE 56. (a) Where it has been the practice or rule to pay a yard engine crew or either member thereof arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after the end of the regularly assigned hours, such practice or rule is hereby eliminated, except where such allowances are for individual service not properly within the scope of yard service, or as provided in section (b).

    (b) Where regularly assigned to perform service within switching limits, yard men shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just 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.

    NOTE­When will road crews be considered as beIng available? Answer.­A road crew is available when rest is up and is subject to call.

    GENERAL RULES

    Straightaway Runs

    RULE 61. A straightaway run is a run from one terminal to another terminal, and not less than

    100 miles will be allowed for each such run, except as otherwise provided In this agreement.

    Automatic Release

    RULE 62. Engineers arriving at terminals or end of run are automatically released.

    Mileage Computation

    RULE 63. Mileage Allowance will be computed on time card distances.

    Two or More Classes of Service in a Day or Trip

    RULE 64. Road engineers performing more than one class of road service in a day or trip will be paid for the entire service at the highest rate applicable to any class of service performed with a minimum of 100 miles for the combined service. The overtime basis for the rate paid will apply for the entire trip.

    When two or more locomotives of different weights on drivers are used during a trip or day's work, the highest rate applicable to any engine used shall be paid for the entire day or trip.

    Assigned Runs

    RULE 65. Except in cases of unavoidable interruption to traffic, men on assigned runs will be paid for every working day, provided they hold themselves in readiness to perform any required service as engineers, overtime to apply to the trip on which made.

    Every working day means the number of days in the calendar month that runs are carded for or engines are supposed to work.

    NOTE­Payments under the provisions of this rule will be for the full mileage or hours of the assignment but will not include any overtime that may be made which is not part of the assignment.

    NOTE­Engineers in regularly assigned service will not be used In other service where other engineers who are entitled to the service are available.

    Deadheading

    RULE 66. (a) Engineers deadheading on their own division on Railroad business, will be paid same rate as engineer pulling the train, on the basis of one hundred (100) miles or less, eight hours or less, overtime at 3/16 of the daily rate per hour.

    (b) Deadhead time will be paid, actual miles or hours, whichever is the greater, and computed separately from other allowances, not less than one hundred (100) miles will be allowed if no other service is performed. This to apply to all deadhead service except regular crews assigned to relief work, commonly called "dog­catcher" service. Time of crews regularly assigned to such service will be computed continuously.

    NOTE­Engineers entering service after having been deadheaded will be allowed a minimum of 100 miles for such service.

    © Engineers going to take runs to which their seniority entitles them will not be paid for necessary deadheading. Engineers relieved as result of application of seniority rule will be paid for deadheading from point at which relieved to point at which ordered to report.

    (d) Engineers sent to relieve engineers who have acquired their maximum mileage allowance, will not be paid for necessary deadheading from home terminal to point of relief. Relief engineers returning from point of relief to home terminal will be paid for deadheading.

    (e) Engineers being transferred as per Rule 122 will be allowed one day for each calendar day while being transferred.

    (f) Engineers entitled to regular service will not be placed on the extra list or held away from home terminals for the purpose of avoiding the payment of deadhead time.

    Calling

    RULE 67. (a) Where callers are employed, engineers will be called as nearly as practicable one hour and fifteen minutes before required to come on duty. Each man when called will sign call book which will show the time called, leaving time and, when practicable, destination of train. Distance limits for calling to be arranged with Master Mechanic.

    When an engineer is called for service for outlying points he will be furnished available information as to the character of such service and the probable length of time away from home terminal.

    Where practicable, engineers assigned at outlying points will be advised by wire when displaced by senior men.

    (B) Engineers will go on trains for which called, provided no delay to trains is caused thereby. Changing the destination of a train after engineer is called does not constitute an annulment or diversion of such train.

    First In, First Out­Runarounds

    RULE 68. (a) Engineers on extra list, engineers in chain gang, engineers in mountain helper service and engineers in pusher service will run first in, first out, in the service, and on the districts or divisions to which they are assigned.

    If not sent out in turn they will be paid 25 miles for each time runaround, but in no instance more than one hundred (100) miles for each calendar day. This does not apply to assigned runs.

    Exception: When two engineers are called in chain gang freight service for the same train and same destination, one to handle the train and one to deadhead, the engineer first out will deadhead; at the distant terminal the engineer deadheaded will stand ahead of the engineer who handled the train. When two engineers are called from the extra list for the same train, one to deadhead and the other to handle the train, except when called for chain gang service, the first out man will handle the train and the second man out will deadhead.

    Where two engineers are called off the extra list for the same time on duty, the first out man will, where practicable, be given choice of the service.

    Engineers runaround for their own convenience, or at their own request, will not be paid for the time lost.

    Running chain gang engineers off their assigned district when other engineers are available for the service will constitute a runaround.

    When necessary to call an engineer to perform temporary relief work on account of trains tied up under the hours of service law, at points where no extra list is maintained and there are no chain gang engineers available, engineers who are available and can be used without loss of time, shall be used in accordance with their seniority.

    (b) When an engineer has had his rest he shall stand first out if his turn has come.

    Engineers resuming duty after a layoff, will be required to report for duty a sufficient time in advance of leaving time of his regular run to enable the displaced man to resume duty in his assignment, without loss of time.

    NOTE­Under the above rule if the displaced man was available for the service to which he is regularly assigned, but was not used account of the man laying off not reporting in time, to enable him to go out on his run, the man laying off will not be permitted to go out until the succeeding trip, otherwise, the man being displaced will stand the loss of time.

    Called and Recalled

    RULE 69. An Engineer called for duty and later recalled will be paid for the time so held until released from duty on the basis of one­eighth of the daily rate per hour, but not less than one­quarter of one day, provided he registers at roundhouse or train register. He will be allowed one day in case engine is taken from roundhouse track. In the first instance he will retain his position on the board; in the second instance he will be considered as having arrived at time he arrives at roundhouse.

    Side or Lap Back Trips

    RULE 70. When a crew is required to make a side trip or lap back trip between their terminals,

    miles made on side trip or lap back trip will be paid for in addition to the regular mileage allowance for the trip between terminals, except if overtime accrues the mileage for the side trip or lap back, or the overtime, whichever is the greater, will be allowed; overtime to be computed on the basis of the

    mileage of the trip exclusive of the side or lap back trip.

    It is understood that this rule does not apply when trains run between the same terminals over an alternate route.

    NOTE­This rule will not apply where side trip or lap back trip is made a part of the regular assignment.

    Switching at Pembina

    RULE 71. Engineers will be allowed time for terminal switching at Pembina including transfer to Emerson, on basis of one­eighth of the daily rater per hour as per rule 24.

    Pilots

    RULE 72. Engineers used as pilots will be paid as per class of engine handling train.

    Tied Up On Road

    RULE 73. (a) Unless provided in other rules, engineers will not be tied up between terminals

    except in cases of delay due to wrecks, washouts or snow blockades, when they will be paid for the first eight hours so held in addition to the time or miles made that day and for each succeeding calendar day will be allowed not less than one hundred (100) miles.

    The above in case they are not required to watch or care for engines; if required to watch or care for engines, allowance will be under provisions of Rule 104.

    EXAMPLES:

    (Applying to Freight Service)

    (a) Run 80 miles in 3 hrs. (11 A.M. to 2 P.M.) 80 miles

    Tied up 2 P.M. to 10 PM 100 miles

  • Continued tied up until 6 A.M.
  • (Not required to watch engine)
  • Run to end of run (40 miles) in 4 hrs., 6 A.M. to 10 AM 100 miles

    Total allowance 280 miles

    (b) Run 40 miles in 3 hrs. (7 A.M. to 10 A.M.) 40 miles.

    Tied up 10 A.M. to 7 P.M., 9 hours

    (Required to watch engine) 100 miles

    Plus 1 hour overtime

  • Run to end of run (40 miles) In 4 hrs.,
  • 7 P.M. to 11 PM . 50 miles

    Total allowance 190 miles

    Plus 1 hour overtime

    © Run 40 miles in 3 hrs. (7 A.M. to 10 A.M.) 40 miles

    Tied up 10 A.M. to 6 PM 100 miles

    Continued tied up until 12 midnight second day (30 hours) 100 miles

    (Not required to watch engine)

    Run to end of run (40 miles) in 4 hrs., 12midnight to 4 AM 100 miles

    Total allowance 340 miles

    (d) Run 40 miles In 4 hrs. (6 A.M. to 10 A.M.) 50 miles

    Tied up 10 A.M. to 6 PM 100 miles

    Continued tied up until 2 A.M. third day (32 hours)

    Watched engine from 10 P.M. second day to 2 A.M. of third day 100 miles

    Run to end of run (80 miles) in 3 hrs., 2 A.M. to 5 AM 100 miles

    Total allowance 350 miles


    73. (b) No trains will be tied up between terminals except by permission of Superintendent.

    © Where practicable, engineers will not be tied up between terminals where eating or sleeping accommodations are not available.

    Towing In

    RULE 74. Engineers tied up under the law and then towed in before having their required rest will be paid the same as if they had not been tied up, no time being deducted.

    Time After Suspension or Layoff

    RULE 75. The time of engineers after suspension or layoff, will commence when they take charge of their engines.

    Time Slips

    RULE 76. Engineers will report time of their firemen with their own, and will be promptly

    notified when time is not allowed as per slip, with reason for disallowance.

    Leaving Service

    RULE 77. Engineers leaving the service will be paid in full, less authorized deductions.

    Final Terminal Delay

    RULE 78. At all points where arbitrary or special allowances are made for handling engines or trains between depot and train yard or roundhouse, such allowances will continue and this rule will not apply.

    At all other points where the distance run between the point where final terminal time commences and the roundhouse or designated track is one mile or more, the actual distance run will be allowed, provided, that in any case when the delay is thirty minutes or more, time or mileage, whichever is the greater, will be allowed.

    Mileage or time allowances under the above rule will be computed, in freight service from the point or from the time train makes final stop on designated yard track; in passenger service from the point or from the time train stops at passenger depot, final terminal time will conclude when engine is placed on roundhouse or other designated track.

    The above will apply to all classes of s on mileage basis and will be paid for at engine rates, as per class of engine and service, on the basis of one­eighth of the daily rate per hour

    This rule does not provide for duplicate payments by the application of other schedule rules in connection therewith.

    EXAMPLE:

    Train arrives at 1:30 p.m.

    Switching from 1:30 to 1:45 p.m.

    Arrives at roundhouse track at 2:15 p.m.

    Allowance 45 minutes final terminal delay.

    Same train, under above conditions,

    arrives at roundhouse track at 1:59

    Allowance 15 minutes terminal switching.

    Under last example the mileage run from point of release from switching is less than one mile. If the distance was over one mile the same should be added to the above allowance under last example.

    Special Mileage Allowances Outgoing Trips

    RULE 79. At all points not covered by special allowance, engineers will be allowed actual mileage on outgoing trips where the distance run is one mile or more from roundhouse or designated track depot or point at which engine is coupled to train.

    In freight service distance will be computed from the roundhouse to the point in yard where the engine ordinarily couples onto the train, that is, the usual yard track where the train is made up.

    Held Away From Home Terminal

    RULE 80. Engineers in pool freight and in unassigned service 'held at other than home terminal will be paid continuous time for all time so held after the expiration of 16 hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed. If held 16 hours after the expiration of the first 24­hour period, they will be paid continuous time for the next succeeding 8 hours, or until the end of the 24­hour period, and similarly for each 24­hour period thereafter. Should an engineer be called for duty after pay begins, time will be computed continuously, provided that if overtime accrues on trip that portion of the overtime due

    to starting pay at the expiration of the 16­hour period instead of at the time actually required to report for duty shall be paid at the pro rata rate, in order that time and one­half time for overtime will not be so applied as to increase the rates paid for time growing out of the held­away­from­home terminal rule.

    For the purpose of applying this rule the railroad will designate a home terminal for each crew in pool freight and in unassigned service.

    Special Trains

    RULE 81. When engineers are held for special service from their regular service (regular run, chain gang or extra list) the time so held, to a maximum of eight hours in any twenty­four hour period, will be added to the time or mileage made on the trip. If held and not used they will be allowed eight hours for each twenty­four hour period so held, at rate applying to engine and service in which last used.

    Engineers so held will be paid not less than they would have earned In their regular service.

    EXAMPLES:

    Held 8 hours and then run 80 miles in three hours. Allowance 200 miles

    Held 22 hours and then run 100 miles in four hours. Allowance 200 miles

    Held 26 hours and then run 80 miles in three hours. Allowance 225 miles

    Assigned to a run of 150 miles with a third day layover; held the first and second day and then run 250 miles on layover day. Allowance 450 miles

    Work on Engines

    RULE 82. So far as practicable, throttles of all engines will be packed, and wedges set up by roundhouse force, and on all engines, boiler head fittings, including water glass and gauge cocks, lubricators and injectors, throttles and air pumps will be packed, and headlights cleaned, and pit inspection of engines made by roundhouse force. Engineers will not be required to fill grease cups, flange oilers, headlights, markers or other lamps, at points where roundhouse force or an engine watchman is employed. At all points where the roundhouse force is inadequate to do all or any part of this work, it will be done by the engineers. Engineers who may be required to do repair work, where the roundhouse force is inadequate as above provided, will be paid for such service on basis of one­eighth of the daily rate per hour. Engineers will not be relieved from as careful inspection as can be made from the outside and reporting all necessary work on engines.

    Rest

    RULE 83. Engineers who have been in continuous service for 12 hours or more or who have not had an opportunity for 10 consecutive hours off duty in the preceding 24 hour period, will upon request, on arrival at terminal, be given 10 hours off duty before being required to leave terminal.

    Notice of Layover Day

    RULE 84. Engineers on regular runs where layover day occurs away from home terminal will be given timely notice whether they will be needed or not.

    Fines

    RULE 85. Engineers will not be obliged to pay fines for loss or damage to equipment.

    Detoured Trains­Double crewing

    RULE 86. (a) In cases of unavoidable interruption of traffic assigned engineers will be used In service to which assigned, in preference. Trains detoured over other roads, returning over this road, will be handled by engineers of division on which such detoured trains are run.

    (b) When it becomes necessary to make long detours, under circumstances making double crewing necessary, engineers so assigned will be allowed full time. Meals will be furnished free while on foreign roads and until they reach the limits of their home division territory. Sleeping car accommodations will be furnished engineers off duty free when such accommodations are available.

    Meals on Road

    RULE 87. As far as practicable, engineers will be allowed to eat their meals at a regular eating house after a reasonable time on duty.

    Transportation of Household Goods

    RULE 88. When necessary for an engineer to move from one place to another on account of

    layover or change of runs, he will be furnished free transportation for his household effects.

    Responsibility for Performance

    RULE 89. (a) Engineers will be held strictly responsible for the performance of their firemen in accordance with operating rules, and also for the condition and performance of their engines.

    (b) Engineers will be held responsible for having proper supplies on their engines, but will not be required to carry supplies, tool boxes and oil cans, to and from engines.

    THE FOLLOWING TWO RULES FROM THE

    AWARD OF MAY IST, 1915, ARE ADOPTED:

    Efficiency Tests

    RULE 90. We recognize the necessity of making efficiency tests, but when such tests are made they should not be conducted under conditions that are hazardous to the employees.

    Official Record of Weights on Drivers

    RULE 91. For the purpose of officially classifying locomotives, each railroad, party to this arbitration, will keep bulletin at all terminals showing actual weight on drivers of all engines in its service.

    Deadhead Cars

    RULE 92. Engineers will not be required to pull deadhead cabooses, cars or engines outside of yard limits without conductor or brakeman, except official or water cars.

    New Type of Engine

    RULE 93. If a type of locomotive is introduced which formerly was not in use on this railroad and the rates herein provided are less than those in effect on other roads In this territory, the rates of the other roads shall be applied.

    New Type of Engine

    RULE 93. If a type of locomotive is introduced which formerly was not in use on this railroad and the rates herein provided are less than those in effect on other roads In this territory, the rates of the other roads shall be applied.

    Short Trips Account Accident­Running for Water, Etc.

    RULE 94. Engineers required to make 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.

    Boosters

    RULE 95. The weight on all other power driven wheels will be added to the weight on drivers of locomotives that are equipped with boosters, and the weights produced by such increased weights shall fix the rates for the respective classes of service.

    NOTE­Where locomotive is equipped with trailer truck booster the total weight on all trailer wheels will be added. Where locomotive Is equipped with tender booster total weight on truck so equipped will be added to the weight on drivers.

    MISCELLANEOUS

    RULE 100. (Table deleted)

    Attending Court

    RULE 101. Engineers attending Court at the request of the Railroad will be allowed one day's pay for each calendar day at the daily rate applicable to the class of service to which assigned and will be guaranteed not less than they would have earned on their regular assignment. Engineers having no regular assignment will be paid $10.55 per calendar day.

    If required to leave home terminal, legitimate expenses will be allowed, same to be certified to

    by Railroad's attorney.

    Held for Engines

    RULE 102. Engineers held away from home terminals for engines coming from or going to shops or engines in transit from one division or district to another, will be paid one (1) day for every

    twenty­four (24) hours held, time to be computed after twelve (12) hours.

    EXAMPLE:

    An engineer is held 18 hours. Allowance, 6 hours, 75 miles.

    This in addition to service performed at expiration of the 6 hours.

    Same principle applies to all time held after first twelve hours, except that a maximum of eight hours will be Paid for every twenty­four hours held.

    Preparing Engines

    RULE 103. (a) Engineers used preparing engines for service after they have been turned out of shop, will be paid $10.55 per 100 miles or less, eight hours or less, if no other service is required. Preparing and trying engine on road on same day will be considered the "same trip." This applies to first trial trip only, while engine is being tried without train. Brainerd job to be considered an assignment.

    (b) Engineer assigned to Brainerd Shop job will not be permitted to deliver engines outside of his Division.

    Watching Engines

    RULE 104. Engineers required to take care of or watch engines will be allowed time and pay as per schedule, except that in case of engines tied up on road, they will be paid at road rates as per class of engine.

    Both engineer and fireman will not be paid for same time, except when both men are required to stay with and take care of engine.

    ELECTRIC LOCOMOTIVES-GAS­ELECTRIC MOTOR CARS

    RULE 110. (a) Wherever electric or other power is installed as a substitute for steam, or is now operated as a part of their system on any of the tracks operated or controlled by any of the railroads, the locomotive engineers shall have preference for positions as engineers or motormen, but these rights shall not operate to displace any men holding such positions as of April 10, 1919.

    (b) Engineers employed on electric locomotives in passenger service to be paid the rates shown in Rule 1, based upon weight on drivers. In the application of the rates for various driver weights in electric locomotive service, the total weight on drivers of all units operated by one engine crew shall be the basis for establishing the rate.

    © Electric car service, whether operated in multiple unit or single unit, to be paid minimum rate shown in Rule 1.

    (d) All motor cars used in passenger service operated under train rules by engineers, regardless of whether operated by gasoline, steam, electricity, or other motive power, to be paid minimum rate shown in Rule 1.

    PROMOTION AND SENIORITY RIGHTS

    RULE 113. Rules from Chicago Joint Agreement Between the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen & Enginemen:

    ARTICLE X

    Promotion of Firemen and Employment of Engineers

    (a) Firemen shall rank on the firemen's roster from the date of their first service as firemen when called for such service, except as provided in Section (k), and when qualified shall be promoted to positions as engineers in accordance with the following rules:

    (b) Firemen shall be examined for promotion according to seniority on the firemen's roster, and those passing the required examination shall be given certificates of qualification, and when promoted shall hold their same relative standing in the service to which assigned.

    NOTE­If, for any reason, the senior eligible fireman should fail his examination, and a junior qualified fireman would pass and be qualified, be promoted, and actually assume service as an engineer, the junior fireman would then outrank the senior fireman who had failed to qualify, but If before the Junior fireman actually assumed service as engineer, the senior fireman should pass his second examination and become, qualified, he should then be promoted in accordance with his age as the senior fireman, regardless of the fact that the junior fireman has qualified ahead of him.

    © If for any reason the senior eligible fireman or engineer to be hired is not available and junior qualified fireman is promoted and used in actual service out of his turn, whatever standing the Junior for fireman so used establishes shall go to the credit of the senior eligible fireman or engineer to be hired, provided the engineer to be hired Is available and qualifies within thirty days. As soon as the senior fireman or engineer to be hired is available, as provided herein, he shall displace the Junior fireman, who shall drop back into whatever place he would have held had the senior fireman to be promoted or engineer to be hired been available and the junior fireman not used.

    NOTE­Qualification, as referred to herein, is not Intended to Include learning of road or signals.

    (d) As soon as a fireman is promoted he will be notified in writing by the proper official of the company of the date of his promotion, and unless he files a written protest within sixty days against such date he cannot thereafter have it changed. When a date of promotion has been established In accordance with regulations, such date shall be posted and if not challenged in writing within sixty days after such posting, no protest against such date shall afterwards be heard.

    (e) No fireman shall be deprived of his rights to examination, nor to promotion in accordance with his relative standing on the firemen's roster, because of any failure to take his examination by reason of the requirements of the company's service, by sickness, or by other proper leave of absence: Provided, That upon his return he shall be Immediately called and required to take examination and accept proper assignment.

    (f) The posting of notice of seniority rank, as per section (d), shall be done within ten days following date of promotion and such notice shall be posted on every bulletin board of the seniority district on which the man holds rank.

    (g) Firemen having successfully passed qualifying examination shall be eligible as engineers. Promotion and the establishment of a date of seniority as engineer, as provided herein, shall date from the first service as engineer, when called for such service, provided there are no demoted engineers back firing. No demoted engineer will be permitted to hold a run as fireman on any seniority district while a Junior engineer is working on the engineers' extra list or holding a regular assignment as engineer on such seniority district.

    NOTE­On roads where promotion is to road service only, promotion and establishment of seniority date as road engineer will obtain.

    (h) On a seniority district where firemen are required to fire less than three years, all engineers will be hired:

    If required to fire 3 and less than 4 years, 1 promoted and 1 hired;

    If required to fire 4 and less than 5 years, 2 promoted to 1 hired;

    If required to fire 5 and less than 6 years, 3 promoted to 1 hired;

    If required to fire 6 and less than 7 years, 4 promoted to 1 hired;

    If required to fire 7 and less than 8 years, 5 promoted to 1 hired.

    On seniority districts where firemen are required to fire eight years or more, all engineers will be promoted.

    The foregoing will not prevent committees from having discharged engineers re­employed or reinstated on their former seniority districts at any time.

    (i) If the engineer to be hired is not available when needed and the senior qualified fireman is promoted, the date of seniority thus established shall fix the standing of the hired engineer, who, if available and qualified within thirty days from date senior qualified fireman is promoted, will rank immediately ahead of the promoted fireman. The promoted fireman will retain his date of seniority as engineer and will be counted in proportion of promotions.

    (j) In case an engineer is hired and used in actual service when, under requirements of section (h), a fireman (or firemen) should have been promoted, the date of seniority thus established shall fix the standing of the senior qualified fireman (or firemen) due to be promoted, providing he or they are eligible and qualify within thirty days, who shall rank immediately ahead of the hired engineer on the engineers' seniority list. The hired engineer will retain his date of seniority and be counted ill proportion of engineers to be hired.

    (k) The seniority date of the hired engineer shall be the date of his first service as engineer,

    except as provided in Sections ©, (i) and (J) of this Article. It is further provided that engineers hired, or permanently transferred from one seniority district to another on any railroad, shall be given a date of seniority as fireman corresponding with their date as engineer.

    ARTICLE XI

    Regulation of Mileage

    (a) When from any cause, it becomes necessary to reduce the number of engineers on the engineers' working lists on any seniority district, those taken off may, if they so elect, displace any fireman their junior on that seniority district under the following conditions:

    First: That no reductions will be made so long as those in assigned or extra passenger service are earning the equivalent of 4,000 miles per month; in assigned, pooled or chain gang freight, or other service paying freight rates, are averaging the equivalent of 3,200 miles per month; on the road extra list are averaging the equivalent 2,600 miles per month, or those on the extra list in switching service are averaging 26 days per month.

    Second: That when reductions are made they shall be in reverse order of seniority.

    (b) When hired engineers are laid off on account of reduction in service, they will retain all seniority rights; provided, they return to actual service within 30 days from the date their services are required. This rule also applies to firemen.

    © Engineers taken off under this rule shall be returned to service as engineers in the order of their seniority as engineers, and as soon as it can be shown that engineers in assigned or extra passenger service can earn the equivalent of 4,800 miles per month; in assigned, pooled, chain gang or other regular service paying freight rates "the equivalent of 3,800 miles per month," or in extra service the equivalent of 3,000 miles per month.

    (d) In the regulation of passenger or other assigned service, sufficient men will be assigned to keep the mileage or equivalent thereof within the limitations of 4,000 and 4,800 miles for passenger and 3,200 and 3,800 miles for other regular service, as provided herein. At these limits, regulation will be effected by requiring the regular assigned man or men to lay off when the equivalent of 4,800 miles in passenger or 3,800 miles in other regular service has been reached.

    (e) Under this rule it is understood that after all engineers who have been taken off have been returned to service as engineers, this rule shall not apply with respect to further additions.

    NOTE­In making reductions and replacing firemen upon the service lists, the same mileage shall apply as in the case of engineers.

    NOTE­When it becomes necessary to rearrange runs under the application of this rule, engineers' committee on the division will be given consideration on the subject, and engineers will be permitted to exercise their choice of runs in accordance with their seniority.

    NOTE­Where the total mileage on any one or more runs permits the assignment of one or more engineers as swing engineer they may be so assigned, in order to keep the mileage or equivalent within limit stated in the above rule.

    NOTE­Engineers receiving both freight and passenger rate of pay will not be permitted to exceed the equivalent of the maximum rate of pay in the two services.

    NOTE­Engineers required to perform service as engineer and as fireman during one month on account of reducing and increasing the force, will not be permitted to exceed the equivalent of 3,800 miles at engineers' minimum freight rate.

    NOTE­The above will not permit engineers to perform additional service either as fireman or engineer, when they have reached their maximum mileage in either service.

    NOTE­Engineers deadheading to an outlying point to fill a vacancy will hold such run until the regular man returns to duty, providing such time does not exceed fifteen days.

    NOTE­The above shall not preclude the company from requiring engineers to make mileage in excess of these limitations when the necessity of the service requires It.

    NOTE­Engineers in road service shall register, on arrival at home terminal, the total equivalent of miles earned up­to­date.

    Reemployment or Reinstatement

    RULE 114. Engineers who are discharged or suspended or who leave the service voluntarily with consent of Master Mechanic, and are returned to duty or reemployed within a period of six (6) months, will be restored to their former rank; it reemployed after six (6) months, they will rank as new men.

    NOTE­ An engineer under sentence of suspension or dismissal, whose case has been appealed, which appeal is pending at time the six months expires, will retain his seniority date for six months thereafter.

    Leave of Absence

    RULE 115. After an engineer has been on the engineers' seniority list for ten years or more he may be granted a one­year leave of absence.

    NOTE­This will not permit an engineer to take employment as an engineer with another railroad.

    NOTE­Under the application of Rule 115, time exceeding one year may be granted without requiring engineer to make a trip In order to hold his seniority.

    Promotion

    RULE 116. Engineers will be promoted on their respective divisions with reference to the following, the Management to decide:

  • First­Fitness for position.
  • Second­Previous record for faithful service.
  • Third­Length of service.
  • Other Service

    RULE 117. (a) Engineers assigned to other duties may be reinstated as engineers at the discretion of the Management.

    (b) Engineers accepting official positions in company's service or employed by the Brotherhood of Locomotive Engineers will retain their rights on the seniority lists.

    Rights to Runs-Lap Runs

    RULE 118. (a) Engineers will have seniority rights to runs on their respective divisions, including branches, when there is a vacancy.

    (b) A change of time table or number of train does not create a vacancy, but a change of time or a change of layover to the extent of three (3) hours at terminals, or a change of terminal, will be considered a vacancy. Engineers oldest in the service will have choice of runs in any class of service when runs are affected as above stated. A change by bulletin to have the same effect as provided in the above provisions. Engineers will be required to make choice of runs within seven (7) days.

    © When the mileage of any run is changed to the extent of 300 miles per month, it will be considered vacant and subject to seniority choice.

    (d) A change from a freight to a mixed, or from a freight or mixed to a passenger run, shall be declared a vacancy and vice versa.

    (e) When an engineer loses any run to which he has been assigned, he must exercise his seniority right in the selection of a run within seven days; failure to do this forfeits his seniority rights to all except the extra list until a vacancy occurs.

    NOTE 1. The limitation of seven days In making choice of runs does not apply to engineers laying off or who are not in actual engine service.

    NOTE 2. Under the provisions of Rule 118 (e) and Note 1 appearing thereunder, when an engineer has lost a run and is entitled to exercise his seniority in the selection of a run, he will be permitted to displace any junior engineer In a particular assignment, except that if he exercises his seniority in pool service he will in such a case be restricted to displacing the Junior engineer In the pool.

    The term "pool service" will apply to pool freight service. The term "pool service" will not apply to a passenger pool assigned to handle regular or carded trains unless such pool also includes the handling of unassigned passenger trains.

    NOTE 3. An engineer who has lost a run to which he has been assigned will not be permitted to mark up for a temporary vacancy without first having made a selection of a regular job or the extra list.

    (f) Work trains and transfer engines are preference service.

    (g) Locomotive engineers will have preference on rotary snowplows.

    (h) Engineers shall be kept on the district to which they are assigned except in cases of

    emergency and then they will be returned as soon as possible.

    (1) Except in cases of extreme emergency engineers will not be run off their own divisions and will be returned as soon as possible, the intent being to return them to their own division after one round trip.

    When engines are transferred from one division to another, engineers will not be transferred with them if there are engineers available on divisions to which transferred.

    (J) When service of any class runs over a part of two (2) or more seniority districts to the extent of 6,000 miles or 480 hours in the aggregate of one year on either, it will constitute a lap run, and engineers on both districts shall be represented. If the aggregate mileage or hours is less than outlined above on either district, the run will go to the one having the greater. All service to be grouped separately and credit given to the district in which performed. In computing time for service as above outlined, it will be done on mileage or hour basis. This will not apply when trains of one seniority district run over another seniority district, as joint track operation.

    Deadheading as result of, or incident to application of this rule, will not be paid for.

    NOTE­Under the application of the lap run rule, no lap mileage will accrue on through passenger runs between Duluth and St. Paul or Minneapolis, or on through freight runs between Duluth and St. Paul, but if any run or runs are put on that terminate at any intermediate point between Duluth and Minneapolis or St. Paul, that runs or works on both seniority districts they will be considered lap runs.

    Temporary Vacancies ­

    RULE 119. (a) ­ (1) Except as provided in Item (3) of this Section (a), extra engineers will run first in, first out on the extra list to which assigned in filling temporary vacancies on runs or in service with home terminal at the point where such extra list is maintained.

    (2) Except as provided in Item (3) of this Section (a), an extra engineer assigned to a vacancy on a run or in service with home terminal at a point where an extra list is not maintained, will hold such run or service until the regular man returns to duty or is off for a period of 15 days or more when the oldest engineer applying for the run or service will be assigned thereto.

    (3) When a temporary vacancy covered by items (1) or (2) of this Section (a) has existed for 15 days or more, or when it is reasonably certain that .a temporary vacancy covered by items (1) or (2) of this Section (a) will be for a period of 15 days or more, the senior engineer applying for such vacancy will be assigned thereto, provided the change can be made without additional expense to the Railway Company. This Item (3) does not apply to vacancies filled under the provisions of Section (b) of this Rule 119.

    (4) Engineers on extra list who are not rested will not be entitled to runaround payment when not used to fill vacancies covered by Items (1) and (2) of this Section (a).

    NOTE 1. In the event it becomes necessary to use an engineer assigned to the extra list in passenger service, engineers not used in turn on account of not being qualified for such service, will not be entitled to runaround payment. Extra engineers not used in turn to man gas­electric motor cars or Diesel electric locomotives account not qualified to operate such classes of power, will not be entitled to runaround payment.

    NOTE 2. The clause in Item (2) "at a point where an extra list Is not maintained," means outside points or points away from the source of supply for extra engineers. At points such as East Grand Forks. Dickinson and Forsyth, which are considered sources of supply for extra engineers but where there is not sufficient extra work at all times to warrant assigning extra. engineers on the extra list, there will be no change In the former method of filling vacancies under the second paragraph of Rule 121 © of this schedule.

    (b) Senior freight engineers in chain gang service, who are available, will be used to fill temporary vacancies in passenger service, provided:

    1. That senior freight engineers on assigned runs may make application for, and be used on such vacancies under the above paragraph of this rule.

    2. That In case of emergency, those so relieved, or any available engineer, may be used.

    3. Upon written application engineers who have declined regular passenger service to which their seniority entitles them may be excused from filling temporary vacancies in passenger service provided there are qualified engineers available for such service.

    NOTE­Extra passenger work may be performed by regular passenger men on the Saint Paul Division (West), (Old Minnesota Division), if so desired, not to exceed 4,000 miles per month, computed together with their regular assignment.

    © When a temporary vacancy occurs for a period of 30 days or more on a passenger run, qualified engineers on that district will have preference to such service in accordance with their seniority, providing change can be made without additional expense to the Company.

    (d) A temporary vacancy for a period of sixty (60) days shall be treated as a regular vacancy and open to seniority. In the event of the regular men returning the displaced men will return to their former runs, except that the displaced men may exercise their seniority on any run that was put on or any regular vacancy that occurred during the time the displaced men were filling such vacancy.

    50

    (e) Engineers on assigned runs will not be required to perform service on their layover day

    when other engineers are available, except as provided in Clause (b) of this rule.

    Vacant Runs-Bulletining

    RULE 120. When a run becomes vacant or a new run is put on, It shall be bulletined at once for a period of seven days. The senior man making application in writing shall be assigned thereto. In the event there are no applicants for the run, the junior man on the active list will be assigned thereto. This includes passenger, freight, transfer, helpers, work trains and pushers, location of same on district to be given.

    When runs become vacant, engineers that are holding such runs when they are declared vacant, will hold them until released by the engineer that is assigned by bulletin, unless released under the application of other rules.

    An engineer who has lost a regular run, may exercise his seniority on a run that is vacant, pending assignment by bulletin, providing he makes application in writing for same.

    NOTE­It is not the intention that the third paragraph of Rule 120 quoted above will operate to give an engineer who has lost a run preference over senior engineers who are either performing or protecting the service on a run under bulletin pending the assignment of a regular engineer.

    If a run has been declared vacant and bulletined under Rule 120, and the regular engineer occupying such run has not been released as provided in the second paragraph of Rule 120, he will not be subject to displacement during the period of the bulletin by an engineer who has lost a run unless the latter is senior in service.

    If the regular engineer has been released on a run that has been declared vacant, or if a new position as engineer has been created, and a bulletin has been posted, the run being protected temporarily by engineers from the extra list, an engineer who has lost a run will not be permitted to exercise his seniority to such run pending assignment by bulletin unless he is senior to the engineers assigned to the extra list.

    Under like circumstances an engineer who has lost a run will not be permitted to take a vacancy in passenger service pending assignment by bulletin unless he to senior to engineers who under Rule 119 (b) are performing or protecting the extra work on this run.

  • Yard Engineers-Permanently Assigned Yard
  • Engineers
  • RULE 121. (a) Seniority of road engineers provided for in paragraph (a) of Rule 118 is tended to include yard service. Permanently signed yard engineers will not be displaced if such displacement forces them out of the terminal where employed, except by an engineer whose seniority will not permit his holding a position as engineer on the seniority district without displacing a permanent yard engineer.

    Permanently assigned yard engineers who have been set back firing or laid off on account of

    reduction in force, when the force is again increased will be returned to yard service as engineers in the order of their seniority as engineers. If all yard positions are occupied by engineers senior in service, the junior road engineer then occupying a regular position in yard service as engineer will vacate such position and exercise his seniority in other service to make room for the permanently assigned yard engineer.

    NOTE­In applying paragraph (a) of Rule 121, Saint Paul will be considered separate from Minneapolis; Dilworth will be considered separate from Fargo Moorhead; Spokane, Yardley or Parkwater will be considered together. Duluth­Superior, including Central Avenue and West Duluth will be considered together.

    (b) Senior engineers will have choice of shifts or runs in yard service on their seniority district, subject to the provisions of paragraph (a) of rule, excepting temporary changes from one run or shift to another will not be made unless such vacancies are for 15 days or more.

    Engineers cannot change from one district to other unless there is a vacancy of 60 days or more subject to the provisions of paragraph (d), Rule 119.

    NOTE­Paragraph (b) of Rule 121 will not be construed to mean that senior engineers who have exercised their seniority to any fifteen or sixty day vacancy, will be permitted to continue to hold such position when the regular assigned engineer returns to service.

    © When the force is increased, engineers in yard service, except those permanently assigned, and those who have signified in writing their desire to remain temporarily in yard service will be advanced to road service in accordance with their seniority. When the extra list is exhausted the oldest available demoted engineer will be used for extra work.

    (d) Engineers who by reason of old age or physical disability are incapacitated for road service, but capable of performing yard service, may be placed in yard service at the discretion of the Mechanical Superintendent. When such action Is under consideration the representative of Engineers' Committee will be given consideration.

    (e) Permanently assigned yard engineers will be shown as such on engineers' seniority list.

    Transfer to Other Divisions

    RULE 122. In case of lack of force on one division and surplus on another, engineers may be transferred temporarily and shall lose no rights on original division, provided they return within six (6) months. Such men will be paid while en route from one point to another, and will have the privilege of returning before the force on original division is otherwise increased; if permanently transferred, will rank as new men from date of temporary transfer.

  • Consolidation or Abolishment of Divisions
  • Acquirement of Other Railways
  • RULE 123. (a) When a portion of a division is added to another division, the transfer of engineers will be made as follows:

    The management will determine the number of engineers to be transferred, and the engineers on the division from which the portion is taken, will be accorded the privilege, in the order of seniority, of electing whether they will transfer or not. This privilege will be extended down the list of engineers until the requisite number have elected to transfer. In the event that the requisite number of engineers do not elect to transfer, then the Master Mechanic may arbitrarily commence at the bottom of the list of engineers and assign a sufficient number to make, with those who have elected, the number to be transferred. The engineers will take rank on the division to which transferred according to their seniority in the service of the Railroad. All assigned runs become vacant on the territory which is to be added to another division and will be filled by the engineers who have elected to transfer according to their seniority, so that the assigned runs on the transferred territory will go to the new division manned by engineers who are being transferred; thereafter those assigned runs will be treated in precisely the same manner as other runs on the division to which they are transferred and filled according to seniority as vacancies occur. This will not apply when part of a district is changed in name only, that is, where supervision of territory is changed without changing the terminals of crews, but when terminals are changed without changing supervision of territory, men will be temporarily assigned pro rata, for each class of service affected.

    (b) When all of one division is absorbed into another the engineers on the absorbed division will be transferred to the other division and take rank thereon according to their seniority in the service of the Railroad.

    © When a division is abolished and portions added to two different divisions Master Mechanic will decide how many engineers should go to each of the two divisions and the engineers will be accorded the privileges according to their seniority of electing to which of the two divisions they wish to go, and as soon as the requisite number have elected to go to one division, then the remainder of the engineers must go to the other division. Engineers will take rank on the division to which they have transferred according to their seniority in the service of the Railroad.

    (d) When any railway is acquired by the Northern Pacific Railway and attached to any established division, the engineers of the acquired railway shall enter the service of the Northern Pacific Railway, under the following conditions:

    The Management of the Northern Pacific will decide how many engines are required to handle the business under normal conditions. There shall be one engineer taken into the service of the Northern Pacific Railway with each engine and one extra engineer for each ten (10) engines, but no road engineers will be transferred on switch engines except those set back on account of lack of business, and such engineers will take rank as to seniority from the time of their last entry into continuous service with the acquired railway. Other engineers on said railway entering the service of the Northern Pacific come as new men.

    Investigations­Time Limitations­Presenting Grievances

    RULE 131. (a) Engineers charged with offenses involving either memorandum against their personal record, a suspension or dismissal, will be advised in writing of the nature of the offense charged and no memorandum will be made against their personal record until they have been given an opportunity to be heard.

    (b) All cases will have full investigation by Master Mechanic or Superintendent, who will render prompt decision. All parties interested will be notified to be present. The engineer may have one or more engineers present to assist him. If party is not satisfied with such decision, he may appeal to the next higher authority, continuing such appeal, if desired, to the General Manager. If it is decided that the man is blameless he shall be reinstated and paid the mileage of his assignment with a minimum of 100 miles per calendar day. Pending a decision, engineer will retain his date on seniority list.

    NOTE­It is intended that this investigation shall be held at earliest possible time, at which all interested will be present.

    NOTE­Under the provisions of paragraph (b) of Rule 131, Superintendent or Master Mechanic may delegate authority to Assistant Superintendent, Assistant Master Mechanic or Trainmaster to conduct investigations, to be reviewed by the Superintendent or Master Mechanic before a decision is rendered.

    © Grievances not presented within sixty (60) days shall not thereafter be considered.

    Representation­Personal Grievances

    RULE 132. (a) Engineers' Committee will represent all engineers in matters pertaining to rates, rules, general grievances, seniority and general matters of engineers.

    (b) Firemen's Committee will represent all firemen in matters pertaining to rates, rules, general grievances, seniority and general matters of firemen.

    © The right of any engineer, fireman or hostler to have the regularly constituted committee of his organization represent him in the handling of his grievances, under the recognized interpretation placed upon the schedule involved by the officials of the company and the general committee making the same, is conceded; provided, when a member of either organization has a grievance, which the local committee of his organization is unable to adjust with the local officers of the company, the matter shall be handled by the two General Chairmen, who shall work jointly in handling such grievance to its final conclusion.

    Hours of Service Law Agreement

    RULE 133. The following rules agreed to at Chicago effective April 1, 1908, are made a part of this schedule:

    ARTICLE I

    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.

    ARTICLE 11

    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 Individual schedules of the different roads.

    ARTICLE III

    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.

    ARTICLE IV

    A continuous trip will cover movement straightaway or turnaround, from initial point to the destination train Is making when ordered to tie up. If any change Is made in the destination after the

    crew is released for rest, a new trip will commence when the crew resumes duty.

    ARTICLE V

    Engineers and firemen in train service tied up under the law will be paid continuous time from initial point to tie up point. When they resume duty on continuous trip, they will be paid from tie­up point to terminal on the following basis: For fifty (50) miles or less, or four (4) hours or less, one­half day; for more than fifty (50) miles, or more than four (4) hours, actual miles or hours, whichever is the greater, with a minimum of one day. It is understood that this does not permit running engines through terminals or around other crews at terminals unless such practice is permitted under the pay schedule.

    ARTICLE VI

    Road crews tied up for rest under the law and then towed or deadheaded into terminal, with or without engine or caboose, will be paid, therefor, the same as if they had run the train to such terminal.

    ARTICLE VII

    If any service is required of an engine crew or if held responsible for the engine, during the tie­up under the law, they will be paid for all such service.

    ARTICLE VIII

    The foregoing articles constitute an agreement for the above named railway companies and their conductors, trainmen, engineers and firemen as to runs that are tied up In conformity with the law, and become a part of the schedules or agreements of these roads; and subject to their provisions as to amendment by mutual consent. Nothing herein contained shall be construed to amend or annul any rule in the various agreements with individual roads.

    Effective Date­Changes

    RULE 134. The agreement between the Northern Pacific Railway Company and the Brotherhood of Locomotive Engineers which was effective February 16, 1925 as to rules which have not been changed, is continued in effect; changes in Rules 4 (note), 27(f), 36©, 67(a), 68(a), 73©, 86(b), 95, 114 (note), 118, 119, 120 (note), 121 and 131(b) (note), become effective on the first day of the second month following the reprinting and distribution of this schedule. and except as herein specifically provided for all rules of this schedule shall continue in effect subject to provisions of the Railway Labor Act, as amended. The rules of this agreement are subject to the terms of an agreement signed at Washington, D.C., May 25, 1946 for and on behalf of the Brotherhood of Locomotive Engineers and the Northern Pacific Railway Company.

    The rates of pay provided for in this agreement are subject to the terms of an agreement signed at Washington, D.C., December 29, 1943 for and on behalf of the Brotherhood of Locomotive Engineers and the Northern PacIfIc Railway Company.