BURLINGTON NORTHERN INC.
NORTHERN PACIFIC RAILWAY COMPANY

SCHEDULE
F
or

TRAIN AND YARDMEN
Represented by
BROTHERHOOD OF
RAILROAD TRAINMEN

 

EFFECIVE APRII, 12 1954
FORM 12646

 

RATES OF PAY

Rule 2. Rates for trainmen on trains propelled by steam or other motive power: Flagmen and Brakemen per mile, $0.08807; per day, $13.236; per month, $397.00.

BASIC DAY

Rule 3. One hundred and fifty (150) miles or less (straight-away or turn-around) shall constitute a day’s work. Miles in excess of 150 will be paid for at the mileage rates provided.

A passenger day begins at the time of reporting for duty for the initial trip. Daily rates obtain until the miles made at the mileage rates exceed the daily minimum.

ADVANCED REPORTING TIME

Rule 4. Trainmen will be paid for all time required to be on duty in excess of thirty (30) minutes before carded or specified leaving time of train separate from road trip. Duplicate payments will not be made under this rule. Payment under this provision will extend by the actual time so paid for, the sixty (60) minute period after which initial terminal delay payment begins under Rule 4-1.

INITIAL TER31INAL DELAY -PASSENGER

(Adopted from Article 4,

Agreements of May 25, 1951)

Rule 4-1. (a) Initial terminal delay shall be paid on a minute basis to Trainmen in passenger service for all time in excess of sixty (60) minutes computed from the time of reporting for duty up to the time the train leaves the terminal ("terminal" means passenger station or other starting point from which the train actually departs), at one-eighth ( % th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.

Where mileage is allowed between the point of reporting and the point of departure, each mile so allowed will extend by three (3) minutes the sixty(60) minute period after which initial terminal delay payment begins.

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

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

FINAL TERMINAL DELAY -PASSENGER

Rule 4-2. (a) In passenger service (except as provided for in paragraph (b) of this rule) all time, in excess of 15 minutes, computed from the time train stops at the final terminal passenger station until finally relieved from duty, shall be paid for as final terminal delay; provided, that should train be stopped behind another train standing at or waiting to reach the final terminal passenger station, or be held out of that station for any other reason after entering final terminal, final terminal delay, in excess of 15 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty.

Note: The phrase "waiting to reach the final terminal passenger station, or be held out of that station . . ." refers only to trains which are ready to enter the final terminal passenger station but are prevented from doing so.

(b)If the passenger train terminates at a point other than a final terminal passenger station, all time, in excess of 15 minutes, computed from the time train stops at such point until finally relieved from duty, shall be paid for as final terminal delay; Provided, that should train be stopped behind another train standing at or waiting to reach such point, or be held out of or away from that point for any other reason after entering final terminal, final terminal delay, in excess of 15 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty.

Note: The phrase "waiting to reach such point, or be held out of or away from that point . . ." refers only to trains which are ready to enter such point other than the final terminal passenger station, but are prevented from so doing.

©Where mileage is allowed between the point where final terminal delay time begins and the point where finally relieved, each mile so allowed will extend by three (3) minutes the fifteen minute period after which final terminal delay payment begins.

(d) All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one-eight ( 8th) of the basic daily rate, according to class of service, in addition to full mileage of the trip, with the understanding that the actual time consumed In the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule. After road overtime commences, final terminal delay shall not apply and

overtime shall be paid until finally relieved from duty.

(e) When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty.

OVERTIME

Rule B. (a) Trainmen on short turnaround passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty in excess of eight (8) hours (computed on each run from the time required to report for duty to the end of that run) within nine (9) consecutive hours; and also for all time in excess of nine (9) consecutive hours computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour, This rule applies regardless of mileage made. For calculating overtime under this rule the management may designate the initial trip.

This rule - paragraph (a) - became effective January 1, 1948 as per agreement dated November 21, 1947 which further provided "that existing rules or practices for the splitting of overtime shall be eliminated."

Note: Time consumed in Incidental or additional service and paid for separately should not be included in calculating time under the 8 within 9 hour rule.

(b) Trainmen on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour computed continuously from the time required to report for duty until released at the end of last run. Overtime shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed overtime shall not accrue until the expiration of seven (7) hours and thirty (30) minutes from time of first reporting for duty.

(e) Overtime in all passenger service shall be paid for on the minute basis at a rate er hour of not less than one-eighth of the daily rate herein provided. Under this rule the rate for overtime will be $1.655 per hour.

TACOMA DIVISION

VAUDEAQLLE PASSENGER SERVICE

Rule 6. (a) Each crew will be given a home terminal at either Seattle or Tacoma.

(b) Crews will be given an assignment by bulletin which will designate certain trains to be covered, but may be used on passenger train other than those specified in bulletin provided they cover same territory as prescribed by bulletin assignment without payment of an additional day.

© The mileage of the three trip assignment in effect January 1, 1919, will be considered the maximum mileage to be made for a minimum day’s pay. Mileage In excess will be paid for at the established mileage rate. Overtime will be paid under the provisions of the "eight-within-nine" hour rule. If used in other service crews will be paid a minimum day for the work in addition to regular assignment for each time so used.

EXAMPLE:

1. Crew in "Vaudeville" service with home terminal at Seattle. On a certain day stands for and makes the following run as per bulletined assignment:

Report for duty 6:10 A.M.

Leave Seattle 6: 40 A.M.

Arrive Tacoma 8a.10 A.M.

Leave Tacoma 8:55 A.M.

Arrive Seattle 10:25 A.M.

Release from 10: 25 A.M. until 11: 25 A.M.

Leave Seattle 11:40 A.M.

Arrive East Auburn 12: 35 P. M.

Leave East Auburn 1:30 P. M.

Arrive Seattle and ties up 2: 25 P. M.

Actual miles run, 125.6.

Allowance: Spread of time 8115, and deducting 1 hour release at Seattle, no overtime accrues. 121.2 miles equivalent to minimum day’s pay, actual miles run 125.6. Crew entitled to minimum day’s pay plus

4.4 excess miles.

2. Crew in "Vaudeville,, service with home terminal at Seattle. On a certain day stands for the following run as per bulletined assignment:

Report for duty 7: 40 A ‘ M.

Leave Seattle 8: 10 A.M.

Arrive Tacoma 9: 3 0 A.M.

Release from 9:30 A.M. until. 1:40 P. M.

Leave Tacoma 1:55 P. M.

Arrive Seattle 3:15 P. M.

But for certain reasons, crew is used on trains other than those enumerated above, but covers the number of trips and the same territory specified in the assignment bulletin, making run as follows:

Report for duty 8: 10 A.M.

Leave Seattle 8: 40 A.M.

Arrive Tacoma I 0: 00 A.M.

Release from 10:15 A.M. until 8:30 P. M.

Leave Tacoma 8:45 P. M.

Arrive Seattle lo:o5 P. M.

Ties up 10:10 P. M.

Actual miles run, 80.8.

Allowance: Spread of time 14 hours and deducting 1 hour release at Tacoma, 5 hours overtime accrues after 9 consecutive hours. Crew entitled to one minimum daily’s pay plus 5 hours overtime.

3. Crew in "Vaudeville service with home terminal at Seattle, assignment for certain day specifying one round trip, Seattle to East Auburn and return:

Report for duty 11:40 P.M.

Leave Seattle 12:10 A.M.

Arrive East Auburn and

after turning train on

wye released at 1:30 A,M.

Due to leave East Auburn

on regular assignment

for return trip to Seattle 8:00 A.M.

After completing first half of assignment, Seattle to East Auburn, it is found regular trains are late and crew is used on special East Auburn to Tacoma, coming on duty and

Leaving East Auburn at..... 10-25 A.M.

Arrive Tacoma............. 11:25 A.M.

Leave Tacoma for Seattle

In service or deadhead. .. .12:55 P.M.

Passes through Auburn at. . . .. I:So P.m. Arriving Seattle and tying up 2:

1 5 P.M. Total spread of time in service, l4P35#1. Time consumed on diversion East Auburn to Tacoma and return, 3PO5,,.

Allowance: For regular assignment Seattle to East Auburn and return, minimum passenger day plus 2P3Op, overtime. (Overtime arrived at by deducting 1 hour for release at East Auburn under "8 within 9" hour rule

and the 3,051, consumed on diversion to Tacoma outside the territory covered by regular assignment.) For the diversion East Auburn to Tacoma and return, crew entitled to a minimum passenger day in addition to pay for regular assignment. Note: Same principle as outlined in these examples applies to crews in "Vaudeville" service having home terminal at Tacoma.

EARNINGS GUARANTEE

Rule 7. When the monthly earnings of regularly assigned passenger trainmen from daily guarantees, mileage, overtime and other rules do not produce the following average amount per day, they will be paid for each day service is performed:

Per Day

Flagmen and Brakemen......... $13.51

When extra men fill vacancies In regular positions, they take conditions of the regular positions. Service performed by extra men not fllling place of regular men will be paid not less than the daily earning minima for each day service Is performed.

METHOD OF APPLYING DAILY AND

MONTHILY GUARANTEES

(1) (a) Trainman on thirty day assignment; paid daily minimum ($13.235), plus eight minutes overtime daily, or a total of four hours, at $1.655, equals $6.62, total $403.67. As average daily earning for the days on which service is performed is less than $13.51 will receive 30 x $13.51 equals $ 405.30.

(b) Trainman In example No. I (a) lays off five

days. He receives 25 days at $13.51 - $337.75;

extra man 5 x $13.51 - $67.55.

© Trainman on 30 day assignment, making

140 miles dajly, is subject to the monthly guarantee of $397.00; makes 10 minutes overtime daily,

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Amounting to $9.27; is required to perform extra service. Payments' accruing under the schedule rules for the extra service will be applied against the payment of 30 days times $13.61 per day, viz., $405.30. If Buch additional payments produce compensation in excess of $405.30, daily earning guarantee not involved.

(d) Trainman on thirty-day assignment paying daily minimum ($13.235) which equals $397.05; average daily earning guarantee 30 x $13.51 equals $405.30. Regular maxi lays off 10 days during month and receives 20 x $13.235 - $264.70; extra man working 10 days in regular man’s place earns $142.00 (including overtime). Regular man receives $264,70; extra man receives $142.00; total $ 40 6.7 0. As this Is more than average of $13.51 for days of assignment guarantee not involved.

(2) (a) Trainman on 26 day assignment; makes no overtime and performs no extra service; therefore, is subject to the monthly guarantee of $397.00. @ of $397.00 equals $15.27 per day. Daily earning guarantee not involved.

(b) Trainman in example 2 (a) lays off one day; daily earning guarantee not Involved; therefore, regular trainman receives % of $397.00 extra man working In his place ‘he of $397.00.

© Trainman on 26 day assignment makes no overtime; is required to perform extra service on lay-over day for which schedule requires payment of $13.235 which added to monthly guarantee of $397.00 equals $410.23; $410.23 divided by 27 days equals $15.19. Daily guarantee not involved.

(3) Trainman on 28 day assignment, subject to the monthly guarantee of $397.00, earns 10 bours overtime at $1.695, which equals $16.95; total $413.95. 28 days x $13.51 equals $378.28. Daily earning guarantee not involved.

(4) Trainman on 28 day assignment which Is subject to the monthly guarantee of $397,00, lays off for one day; receives 27h8 of $397.00 or $382.82; the extra man or $14.18. Daily earning guarantee not involved for either regular or relief man.

(5)Extra man (not filling place of a regular man) on first day (a) is used under conditions resulting In 2 minimum days; second day

(b) makes 200 miles; third day © makes 125 miles, no overtime; fourth day (d) makes 125 miles and 4 hours

(a) will be paid 2 days at $13.235, equals $ 26.47.

(b) will be paid 200 miles at $0.08807 per mile, equals $17.61.

© will be paid daily earning guarantee $13.51.

(d) will be paid daily minimum - $13.235, plus 4 hours overtime at $1.695, equals $20.01.

Note: All adjustments account application of average daily earning guarantees to be made on second period pay rolls each month and shown as a separate item. Monthly guarantee to be applied in same manner as heretofore.

SPECIAL PASSENGER SERVICE RATE

Rule 8. For special passenger service such as President’s, General Manager’s, General Superintendents’, Superintendents’ and other officers’ specials, also officers’ trains from other lines that are not revenue trains, rate will be for passenger trainmen, $0.08807 per mile, with a minimum of $13.235 per day; 150 miles or less, 7 hours 30 minutes or less, to constitute a day, overtime at not less than one-eighth of the daily rate per hour.

On runs of 160 miles or less overtime will begin at the expiration of 7 hours 30 minutes; on runs of over 150 miles overtime will begin when the time on duty exceeds the miles run divided by 20.

ASSIGNMENT NOT DISCOUNTED

Rule 9. (a) The time of assigned trainmen will not be discounted for days not used.

WORKED OR HELD ON THEIR LAY-OVER DAY

(b) Regular assigned trainmen will not be used on their layover day if other trainmen are available. If trainmen are to be used they will be notified and if so notified and are not used, will be paid a full day’s pay at their regular rates. If used, they will be paid the rate applicable to class of service rendered, but not less than the rates of their regular assignment. If trainmen are not notified they are to be used they will not be considered absent from duty if needed and are not on hand.

Note: Extra trainmen will be considered available provided they are subject to call and can be deadheaded to point where needed in time to be used.

USED ON OTHER RUNS

© Assigned trainmen will not be used on runs other than those to which regularly assigned to make up monthly guarantee.

USED OUTSIDE THEIR ASSIGNMENTS

(d) Assigned trainmen used outside their regular assignments will be paid for such service in addition to regular pay at regular rate for service rendered, with a minimum of one day.

RELIEAVING REGULAR MEN -ALLOWANCE

(e) A trainman relieving a regular assigned passenger man will be paid not less than the regular man would have received.

CONIBINED ASSIGNNIENT MAIN AND

BRANCH LINE

(f) Except as provided in Rule 21 of this Article, passenger trainmen will be assigned to cover main line runs exclusively and others for branch line runs, except where trainmen run on both branch and main line on a continuous trip on same train.

MILEAGE ALLOWANCES

Rule 10. Mileage allowances will be computed on time table distances.

DIVERSIONS

Rule 11. (a) Crews required to go off their runs to make side trips will be paid one minimum day for such diversion.

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

(b) In computing overtime for trip in connection with which diverted trip is made, time consumed on side trip will be deducted from total time on duty before overtime is allowed.

PAY FOR TERIMINAL WORK

Rule 12. (a) Trainmen required to do switching at their terminals or at regular established chain gang terminals will be paid for time so employed at overtime rates.

(b) Trainmen turning trains or engines or cars on turn-tables or wyes at their terminals or regular established chain gang terminals will be paid for actual time consumed at overtime rates. This in addition to all other allowances, except as provided in Rule 4-1 (a) and Rule 4-2 (a).

NON-INCIDENT WORK

Rule 13. (a) Where work train work is done in connection with other service, trainmen will be paid at overtime rates for time held.

(b) Trainmen required to do work not incidental to their train will be paid for time held in addition to time or miles made on trip.

SPECIAL ALLOWANCE, ASHLAND

Rule 14. Practice heretofore to allow thirty minutes per day to passenger trainmen for turning engine and mail car arriving at Ashland on passenger train from Duluth, which returns to Duluth, will be continued.

SPECIAL ALLOWANCE, MNNEAPOLIS

Rule 15. Trainmen on Lake Superior Division passenger runs, originating or terminating at Minneapolis, will be paid at overtime rates for handling their train between Minneapolis Union Station and the coach yard with minimum of thirty minutes, on outgoing trip time to be computed from time required to come on duty until scheduled departure time from station, and an incoming trip from time of arrival at station until final release; this allowance to be absorbable when overtime accrues.

CONSTRUCTIVE MILEAGE

Rule 16. Trainmen will be paid six (6) constructive miles running over mountain between:

Livingston and Bozeman,

Whitehall and Butte,

Helena and Elliston,

Missoula and Arlee,

Easton and Lester.

Where constructive mileage is paid it will be in addition to all other allowances paid for the trip.

DETOURING

Rule 17. When it becomes necessary to make long detours, under circumstances making double crewing necessary, trainmen so assigned will be allowed full time. Meals will be furnished free while on foreign roads and until they reach the limit of their home division territory. Sleeping car accommodations will be furnished trainmen off duty free when su6h accommodations are available. When traveling from place to place by order of the railroad, the provisions of Article III, Rule 75, will apply.

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TRMN BOXES AND SUPPLIES

Rule 18. A place will be provided at main line terminals, where possible, for train boxes and supplies. S’"IEEP OOACRES

Rule 19. (a)It will not be the duty of trainmen to sweep coaches.

LOAD OR UNLOAD BAGGAGE

(b) It will not be the duty of trainmen to load or unload baggage at any terminal.

PILOTING LIGHT ENGINES ON ROAD

© It will not be the duty of passenger trainmen to pilot light engines when other men are available.

PILOTING ENGINES TO AND FROM ROUNDHOUSE

(d) At main line terminals men wiII be provided to couple engines on or cut engines off and pilot engines to and from roundhouse.

RUNS OVER MORE THAN ONE DIVISION

Rule 20. When passenger trainmen run over two or more divisions under more than one Superintendent, the assignment shall be made on basis of percentage of miles run on each division.

Note: Under this rule the apportionment of men on joint runs between the St. Paul (east) and old Minnesota Divisions will be ratio four men for St.

Paul Division (east) and three men for the old Minnesota Division.

Extra passenger trainmen on these runs will be handled as follows: In event a brakeman assigned to either division lays off, a brakeman from the division to which he was assigned will be given the extra work, provided there is 2,500 miles due either division. Example: When the mileage is balanced at the end of each month, and the mileage is less than 2,500 miles due either division, the other divisloi3 will not be permitted to work out their mileage until the expiration of another thirty-day period.

The extra list for passenger brakemen to be maintafned at St. Paul. At the expiration of each thirty (30) day period, a statement will be furnished the Local Chairman of each division, showing total mileage made by joint crews.

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REARRANGEMENT OF ASSIGNMENTS

Rule 21. The following paragraphs are adopted from Article IV, Supplement 16 to General Order

No. 27 of the United States Railroad Administration:

(a) Reductions In crews or increases in mileage In passenger service from assignments in effect January 1, 1919, shall not be made for the purpose of offsetting these increases in wages, but nothing In this order is understood to prevent adjustment of runs in short turnaround and suburban service that are paid under minimum rules for the purpose of avoiding payment of excess mileage or overtime that WGUld accrue under these rules, without reducing the number of crews. Such runs may be rearranged, extended or have mileage changed by addition of new train service; separate I)ools or assignments may be segregated or divided, provided that crews are not taken off or reduced in number. Added mileage up to mileage equaling the mileage rate divided Into the guaranteed daily rate does not change, take from or add to the minimum day’s pay, and this added mileage is nocto be construed as "increase in mileage" within the meaning of this ruie.

(b) For the purpose of avoiding payment of excess overtime on turnaround runs in passenger service when any part or leg,thereof is over 80 miles, the railroads will be privileged to rearrange runs, combine pools or sets of runs, and may establish interdivisional ruiis excepting when this may be prohibited by provisions of existing agreements, such runs to be paid for In accordance with the mileage schedules of this order, but in no case less than the combination of trip rates In effect at the date of this order.

QUESTION -What rearrangements of runs are permissible under this rule?

DECISION - (1) Management and committee should meet this questioil in a spirit of equity and agree upon rearrangements or combinations of runs for the purpose of reducing excess overtime as far as possible and to equalize mileage, provided no constructive mileage is absorbed.

(2) Where all crews Involved make in excess of the mileage constituting a day, mileage may be taken from one crew and added to another, if by so doing, overtime accruing under former assignments can be reduced.

is

(3) Turn-around runs, may be changed to straight-away runs, paying not less than the minimum day in each direction.

(4)Interdivisional runs may be established excepting where prohibited by provisions of existing agreements, providing conductive mileage Is not absorbed.

(5) Short turn-around runs may be combined, or pooled, with long straight-away or turnaround runs, providing crews are not reduced in number or constructive mileage absorbed.

PERFORMING BAGGAGEMAN

Rule 22. A trainman required to perform the duties of baggageman, in addition to his other duties, will be paid an additional allowance of $53.70 per month.

18 DUTI[ES

HANDLING U, S. MAIL, BAGGAGE AND EXPRESS

Rule 22-1. Adopted from Agreement dated September 15,1952:

When a passenger trainman (brakeman) i8 required by proper authority to handle U. S. Mail, baggage, express or other head end passenger train business, from train and place it in a station building or lock box, or vice versa, he will be compensated therefor on the basis of one cent per mile for the actual miles run with a minimum of 150 miles per trip in addition to all other allowances for the trip upon which such service is performed; provided that when such service is performed at more than five stations on a trip, compensation as hereinabo,%-e provided for will be on the basis of one and one-half cents per mile for such trip. The term "trip" as herein used means a day’s work or assignment for which the trainman is paid not less than a minimum passenger day.

The additional compensation herein provided for will apply only to a trainman who is required to perform the service herein specified and only on trips upon which such service is performed, and only to passenger trainmen who are paid the paseei3ger trainmen’s rates of pay.

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ARTICLE 11

FREIGHT SERVICE RATES OF PAY

Rule 23. Per Mile Per Day Mixed Train Service....... 14.520 $14.52

Mountain Mixed Train Service................ 15.130 15.13

Through Freight Service. . 13.350 13.35

in Through Freight Through Freight service.

Mountain Through Freight Service 15.100 15.10

Local Freight Service 14.15; 14.15

Mountain Local Freight Service 15.130 15.13

Work or Wrecking Service 13.720 13.72

Mountain Work or Wrecking Service 14.650 14.65

Snow Plow Service 14.150 14.15

Mountain Snow Plow Service 14.650 14.65

Fine Service..............

.Note: Mountain rate applies to service as defined in paragraph (a), Rule 30, of this Article.

BASIC DAY AND OVERTIME

Rule 24. (a) In all freight service, 100 miles or less, 8 hours or less (straight-away or turnaround), shall constitute a day’s work. Miles in excess of 100 will be paid for at the mileage rates provided.

(b) On runs of 100 miles or less overtime will begin at the expiration of 8 hours; on runs of over 100 miles overtime will begin when the time on duty exceeds the miles run divided by 121/i. Overtime shall be paid for on the minute basis, at a rate per hour of three-sixteenths of the daily rate.

BEGINNING AND ENDING OF DAY

Rule 25. In all classes of service other than passenger, trainmen’s time will commence at the time they are required to report for duty and shall continue until the time they are relieved from duty. The management may designate the time for reporting for duty.

SINGLE DAY WORK TRAIN, OR SNOW PLOW ASSIGNMENT

Rule 26. (a) A crew in single day work train or snow plow service may be run into and out of the is initial terminal any number of times in connection with their work train or snow Plow service during the course of the day’s assignment without incurring a penalty for run-arounds in case of crews already at the terminal in and out of which the work train or snow plow crew may run; and Rules 66 (a) and 79, Article Ill, will not apply. Rules 66 (a) and 79, Article III, will apply on straight-away runs from one established chain gang terminal to another.

(b) It is permissible in case of a wreck to continue a crew assigned to wrecking service in that service until wreck is cleared without incurring a. penalty for run-arounds in case of crews already at terminals in and out

of which the wrecking creamay run. This applies to wrecks and not where wrecking outfit is used in other than wrecking service.

TURN-AROUND RUNS

Rule 27. (a) ln freight service, a turn-around run is a run from a terminal to an intermediate point and return to starting terminal, time to be continuous and not less than 100 miles will be allowed for each run, except as hereinafter provided.

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

Note: The turn-around point will -be considered an intermediate point. ©Trainmen in pool or irregular freight service may be called to make short trips or turnarounds with the understanding that one or more

turn-around trips may be started out of the same terminal and paid actual miles, with minimum of 100 miles for a day; provided - (1) That the mileage of all the trips does not exceed 100 miles, and (2) That men shall not be required to begin work on a succeeding trip out of initial terminal after having been on duty 8 consecutive hours, except as a new day, subject to the first-in-first-out rule.

Note: When trainmen are to be used in turnaround service, they will be so advised when called.

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COMBINATION ROAD-SWITCH RUNS

Rule 28. Assignments may be made between Cle Elum and Lakedale combining yard and road service.

At other points where switching service is not maintained turn-around assignments in road switch service may be made combining road and yard service providing the total mileage of the road trips does not exceed thirty-five miles.

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

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

Road rules will apply with the exception of Rule 38, Article II, and Rules 66 (a) and 79, Article III, which will not apply to such assignments.

Example 1:

Crew comes on duty at 7:00 A.M. Relieved at 3:00 P.M.

Allowance, 112 miles.

Example 2:

Crew comes on duty at 7:00 A.M. Relieved at 4:00 P.M.

Allowance, 113% miles at the mileage rate plus one hour overtime at ;Ks of the daily rate.

Example 3:

Qrew comes on duty at 7:00 A.M. Relieved at 5:00 P.M.

Allowance, 115 miles at the mileage rate plus two hours overtime at %a of the daily rate.

Note: Where the assignment is mixed train service, the mixed train rate Instead of the local rate will apply.

TRANSIFER SERVICE, AUBURN, SEATTLE

AND TACOMA BILLINGS AND LAUREL

Rule 29. (a) Each crew assigned will be given a home terminal designated by bulletin.

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(b) Time to be continuous, except it required leave home terminal, after expiration of eight hou from time required to come on duty for first tri a new day will start.

© No penalty will result It one crew enters t home terminal of another crew and leaves aga before the expiration of the 8-hour period when other crews are in the terminal.

Note: Rules providing payment for switching terminals and turning engines on turn-tables wyes will apply at initial and final terminal. wyes will apply at initial and final terminal.

MOUNTAIN SERVI[CE

Rule 30. (a) Freight trainmen assigned mountain service or used on turn-around runs between: mountain service or used on turn-around runs between: Livingston and Bozeman, Whitehall and Butte, Helena and Elliston, Missoula and Arlee or Dixon, Wallace, Burke and Sunset, St. Regis and Wallace, Howell and Kendrick, Zangar Junction and Helix, Smeltz and Duroe, Cle Elum and Lei3ter, will be paid the mountain rate named in Rule 23 o this Article.

CONSTRUCTIVE MILEAGE ALLOWANCES

(b) Freight trainmen will be allowed 12 constructive miles running over mountain between-.

Livingston and Bozeman,

Helena and Elliston,

Missoula and Arlee or Dixon,

Easton and Lester,

Whitehall and Butte,

Saltese and Wallace,

Six constructive miles between:

Howell and Kendrick,

and eight constructive miles between:

Zangar Junction and Helix,

Smeltz and Duroc.

D TRAIN SERVIOE

Rule 31. A combination of passenger and freight service on one train except local freight trains that are regularly permitted to carry passengers) or runs a portion of which are passenger and n of the balance mixed or other freight, or both, will be classed as mixed train service and paid the mixed train rate named in Rule 23 of this Article.

LOCAL FREIGHT SERVICE

Rule 32. (a) Local freights are trains whose work is loading or unloading of freight or doing station switching en route. Trainmen on local freight trains will be paid the local rate named in Rule 23 of this Article.

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

(e) Local rate will apply to log trains (except straight-away log runs handled in through freight service), coal trains to and from mines, regular assigned ore service and transfer or switch runs handled by road trainmen.

(d) When one train is operated west-bound between Lake Park and East Grand Forks via Crookston it will be classed as a local and paid the local rate.

SNOW PLOW SERt7lCE

Rule 33. (a) Trainmen engaged in snow plow service will be paid the snow plow rate named in Rule 23 of this Article.

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

(e) Men will be provided to ride Russell plows and handle flanger and wings, or other snow plow appurtenances. It will not be the duty of trainmen to do this except in emergencies. If required to do so, they will be paid for time consumed in addition to all other allowances for trip.

CIRCUS TRAINS

Rule 34. Trainmen handling circus or theater trains that stop to exhibit q%rill. except on the last move, be paid not less than 12 hours 48 minutes or 160 miles at through freight rate for each move, including loading and/or unloading of circus or theater; overtime at Both of the daily rate will be allowed for time in excess of 12 hours 48 minutes and if the mileage exceeds 160, overtime will begin when the time on duty exceeds the miles run divide by 12%. On the last move, if less than 12 hours 49 minute is used, actual time or miles will be paid with minimum of 100 miles; overtime at %eth of the daily rate will be allowed for time in excess of hours and if the mileage exceeds 100, overtime will begin when the time on duty exceeds the miles run divided by 12..

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

DOUBLING MLLS, RUNNING FOR WATER@ ETC

Rule 35. Actual mileage will be allowed an added to mileage of trip for doubling hills, running for water and for cutting off engines to help othe trains.

Examples:

(1) Distance, 115 miles; required to double, miles; total actual miles, 125. Allowance, 125 miles at the mileage rate plu overtime, if any, accruing after 10 hours.

(2) Distance, 90 miles; required to double, miles; total actual miles, 98. Allowance, 100 miles.

(3) Mileage, same as shown in Example 2; ere on duty, 10 hours. Allowance, 100 miles at mileage rate, plus 2 hour overtime at 3icth of the daily rate. overtime at 3icth of the daily rate.

MILEAGE ALLOWANCES

Rule 36. (a) Mileage allowances will be computed on time table distances. In addition to the timetable mileage, following allowances will be made as long as present conditions continue:

(b) Northtown. Eastbound St. Paul Division freight trainmen, on trains terminating in j’A" Yard, I mile. On freight trains between Northtown and Staples received or delivered in the "D" Yard, 1.6 miles. On freight trains between Northtown and Staples received or delivered in the Grove Yard, 1.8 miles.

© Staples. Westbound Lake Superior and St. Paul Divisions, freight trainmen, 2.4 miles on freight trains terminating on short yard tracks in eastward and/or westward yard; 3.4 miles on freight trains terminating on extended tracks, or when terminating on main line tracks opposite the extended yard tracks.

(d) Dilworth. Westbound Fargo and Southwestern freight trainmen, 1 mile. St. Paul Division eastbound trainmen, on trains from the eastbound yard, 1 mile. Westbound St. Paul Division freight trainmen yarding trains in eastbound yard, 2.6 miles.

(e) Mandan. First subdivision westbound Yellowstone Division freight trainmen, 1 mile on incoming and outgoing trains.

(f) Dickinson. First subdivision westbound Yellowstone Division freight trainmen, 1.9 miles.

(g) Glendive. Westbound second subdivision freight trainmen, 1.9 miles. Eastbound second subdivision freight trainmen, 1.3 miles. Third subdivision eastbound Yellowstone Division freight trainmen, 1 mile.

(h) Forsyth. Fourth subdivision eastbound Yellowstone Division freight trainmen, 1 mile. Fourth subdivision westbound freight trainmen, 1 mile. Third subdivision westbound Yellowstone Division freight trainmen, 1.4 miles when yarding train on yard tracks; 2.4 miles when yarding train on main line.

(i) Laurel. Fourth subdivision eastbound Yellowstone Division freight trainmen, 1 mile. Eastbound fifth subdivision Yellowstone Division freight traiumen, 2.3 miles.

(j) Butte. Rocky Mountain (Old Montana) Division freight trainmen who are required to go from roundhouse to "MT-T" Yard with or for train, and Rocky Mountain Division freight trainmen accompanying engines between roundhouse and "MTT" Yard, 1.7 miles.

(k) Helena. Eastbound third subdivision Rocky Mountain Division freight trainmen, 1.1 miles.

(1) Missoula. Weetbound third subdivision freight trainmen, delivering train in west yard, 1.5 miles.

(m) Paradise. Westbound via St. Regts, freight tminmen. 1 mile.

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(n)Yakima. Trainmen between Auburn and Yakima on freight trains received or delivered in the new train yard at Yakima east of the passenger station, I mile.

(o)Seattle. Trainmen on freight runs between

Seattle and Portland, 3.8 miles on movements made

from roundhouse to Middle Yard via Argo, or in reverse direction, from Middle Yard to roundhouse via Argo.

(p) Centralia. Trainmen In freight service on the Willapa Harbor Line originating or terminating In the freight yard, 1.4 miles on incoming or outgoing trains.

SI]DE OR LAP BACK TR@

Rule 37. When a crew is required to make a side trip or lap back trip between their terminals, miles made on side trip or lap back trip will be paid for In addition to the regular mileage allowance for the trip between terminals, except if overtime accrues the mileage for the side trip or lap back trip, or the overtime, whichever is greater, will be allowed; overtime to be computed on the basis of the mileage of the trip exclusive of the side or lap back trip.

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

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

TE AL SWI[TCEEING

Rule 38. (a) Trainmen required to do switch-

Ing at terminals will be paid for time so employed

on the basis of one-eighth of the daily rate per

hour. When overtime accrues, the allowance for switching or the overtime, whichever is the greater, will be paid.

Examples:

(1) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to Bg 100 miles; relieved at B. 3: 00 P.M. Compensation, 100 miles plus 2 hours’ switching at one-eighth of the daily rate.

(2) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9-.00 A.M. and runs to B, 100 miles; relieved at B, 4:00 P.M.

Compensation, 100 miles plus 2 hours’ switching at one-eighth of the daily rates, such allowance being greater than 1 hour overtime at one and onehalf time.

(3) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 4:20 P.M.

Compensation, either 100 miles plus 2 hours’ switching at one eighth of the daily rate or 100 miles and 1 hour 20 minutes road overtime at %eth of the daily rate per hour, because the money value of the terminal allowance and the money value of the road overtime at %eth of the daily rate are equal.

(4) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 5:00 P.M.

Compensation, 100 miles plus 2 hours’ overtime at @6th of the daily rate per hour. In this case the money value of the road overtime at @eth of the daily rate exceeds the allowance of 2 hours’ switchIng at one-eighth of the daily rates.

Note: In calculating the time engaged in switchIng it Is understood that the time will be continuous from the time the work is begun until it is completed and train is coupled together.

TETRNING ENGINES OR CARS

(b) In freight service turning engines or cars on turn-tables or wyes at terminals will be considered terminal switching.

INITIAL TERNUNAL DELAY FREIGHT SERVICE

Adopted from Article 5 of May 25, 1951 Agreements

Rule 39. (a) Initial terminal delay shall be paid on a minute basis to Trainmen in freight service for all time in excess of seventy-five (75) minutes computed from the time of reporting for duty up to the time the train leaves the terminal at one-eighth ( %th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.

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Note:The phrase "train leaves the terminal" means when the train actually starts on Its road trip from the yard track where the train is first made up.

This rule will not apply to pusher, helper, min run, shifter, roustabout, belt line, transfer, work wreck, construction. circus train (paid special rate or allowances), road switcher (district runs). or t local freight or mixed service where switching i performed at initial terminal in accordance wit schedule rules.

Note:The designation "mine run" as used in the preceding paragraph will not apply to .,coal" runs on the Mandan North Line terminating at Mandan or to ‘4coal" runs on the Rosebud Branch terminating at Forsyth.

The designation "transfer service" will not apply to "transfer" runs between the Twin Cities and White Bear Lake, or between Laurel and Billings, or between Auburn, Seattle and Tacoma.

The designation "work" service includes snow plow service, but will not apply to chain gang crews in unassigned work or snow plow service originating at a chain gang terminal except when engaged in performance of such service partly within and partly outside of such terminal.

Where mileage is allowed between the point o reporting for duty and the point of departure fro the track on which the train is first made up, eac mile so allowed will extend by 4.8 minutes th period of seventy-five (75) minutes after whic initial terminal delay payment begins.

(b)Wben road overtime accrues during an trip or tour of duty, in no case will payment to both initial terminal delay and overtime be paid but whichever is the greater will be paid.

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

FINAL TERMINAL DELAY FREIGHT SERIIICE

Rule 39-1. (a) In freight service, all time in excess of 30 minutes, computed from time engine reaches or stops for switch used in entering final terminal yard where train is to be left or yarded train

until finally relieved from duty, shall be paid for as final terminal delay; provided, that should train be stopped at final terminal because of yard conditions, or by a preceding train waiting in or to enter yard at the point where final terminal delay commences, final terminal delay, in excess of 30 minutes, shall be computed and paid for from the time lirst so stopped until finally relieved from duty.

Note:The phrase "that should train be stopped at final terminal because of yard conditions, or by a preceding train waiting in or to enter yard at point where final terminal delay commences . . ." means that should a train arrlve at such switch and other trains arrive and stand behind waiting to enter such yard, final terminal delay will be computed for all such trains from the time each train is so stopped. The phrase "final terminal yard where the train is to be left or yarded . . ." means the particular yard within the terminal in which the train is to be left or yarded.

At locations where the train entering yard is subject to delay account required by Operating Rule 93 to clear first class trains after stopping for switch used In entering final terminal yard where train is to be left or yarded, such delay will not be Included in computing time In excess of 30 minutes from the time stop was made by the train entering the final terminal yard.

(b) Where mileage Is allowed between the point where-final terminal delay time begins and the point where finally relieved, each mile so allowed will extend by four and eight-tenths (4.8) minutes the thirty minute period after which final terminal delay payment begins.

© All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one-eighth ( % th) of the basic daily rate, according to class of service, in addition to full mileage of the trip, with the understanding that the actual time consumed In the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule.

After road overtime commences, final terminal delay shall not apply and road overtime will be paid until finally relieved from duty.

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(d) When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty.

(e) This rule shall not apply to pusher, helper, mine run, shifter, roustabout, transfer, belt line, work, wreck, construction, road switcher or district run service. This rule shall not apply to circus train service where special rates or allowances are paid for such service.

Note:The question as to what particular service is covered by the designations used In paragraph (e) shall be determined in accordance with the rules and practices in effect.

The designation "mine run" as used in Section (e) will not apply to "’coal" runs on the Mandan North Line terminating at Mandan or to "coal" runs on the Rosebud Branch terminating at Forsyth.

The designation "transfer service" will not apply to "transfer" runs between the Twin Cities and White Bear Lake, or between Laurel and Billings, or between Auburn, Seattle and Tacoma.

The designation "work" service includes snow plow service, but will not apply to chain gang crews in unassigned work or snow plow service terminating at a chain gang terminal except when engaged in performance of such service partly within and partly outside of such terminal.

in local freight or mixed train service, time consumed in switching at final terminal shall not be included in the computation of final terminal delay time.

NON-INCEDENT WORK

Rule 40. (a) Trainmen required to chain up cars set out by other trains and or rebrass or repack cars set out by other trains on account of hot boxes, fill water barrels (except to give water to section houses or extra gangs) fill water cars or tanks, or thaw out water tanks, will be paid for actual time so consumed in addition to time or miles made on the trip.

DILWORTH

(b) Trainmen required to load or unload merchandise at Dilworth will be paid for time consumed in addition to allowance for trip.

SPECIAL PASSENGER TRAINS

Rule 41. Freight crews handling special passenger trains, such as President’s, General Manager’s, General Superintendents’, Superintendents’ and other officers’ specials, also officers’ trains from other llnes that are not revenue trains, will be paid through freight rate.

HANDLING PASSENGER ‘RRAINS OR

EMPTY EQUIPMENT

Rule 42. Freight trainmen will be paid freight rates for handling empty passenger equipment, and passenger rates for passenger trains, but for temporary service not less than they would earn if continued in freight service.

ASSIGNMENTS

Rule 43. (a)Trainmen assigned to regular runs paid the through freight rate will not be assigned for less than seven (7) days per week.

(b) Assigned trainmen paid rates other than through freight rate will not be assigned for less than the number of working days of the month, including holidays.

(e) When assignments are made trainmen will be advised whether the assignment is to be for six (6) or seven (7) days per week.

ADDITIONAL RUNS. HOW PAID

(d) Services rendered by regularly assigned trainmen, in excess of their regular run, will be paid for at regular rates for class of service performed with a minimum of one day.

Note: Lap back trips or side trips within the starting and outer limits of an assignment will be paid for under the provisions of Rule 37 of this Article.

WORKED OR HELD ON THEIR LAY-OVER DAY

(e) Regular assigned trainmen will not be used on their layover day if other trainmen are available. If trainmen are to be used they will be notified and if so notified and are not used, will be paid a full day’s pay at their regular rates. If used, they will be paid the rate applicable to class of service rendered, but not less than the rates of their regular assignment. If trainmen are not notified they are to be used they will not be considered absent from duty if needed and are not on hand.

Note: Extra trainmen will be considered available provided they are subject to call and can be deadheaded to point where needed in time to be used.

NOTMCATION OF ASSIGNMENT

(f)Trainmen assigned to work or snow plow service will be notified of such assignment when

called. Such assignments will consist of six (6) days or more. If such service is to be less than six

(6) days, paragraph (a), Rule 66 of Article III, will govern.

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

GUARANTEE

Rule 44. (a) The time of assigned trainmen will not be discounted for days not used.

Note 1: Assigned crews not used in their regular assignment, but used in other service, will be paid not less than their assignment.

Note 2: Payments to crews under the provisions of this paragraph will be for the full mileage or hours of the assignment with minimum of one day, but will not include any overtime that may be made which is not part of the assignment.

(b) Trainmen regularly assigned to six (6) day week assignments in freight service, not used on the sixth day and used out of terminal on the seventh day (their layover day) will be allowed one hundred (100) miles on account of not being used on the sixth day and paid for service performed on the seventh day at regular assignment rates.

Example 1:

Crew regularly assigned in freight service between A and B.

Leave A at @,:30 A.M. Mondays, Wednesdays and Fridays.

Leave B at 9:00 A.M. Tuesdays, Thursdaya and Saturdays.

Layover Sunday at A.

Crew on Saturday (6tb day) is held at B and not ordered to leave B until after midnight.

3L

Allowance, one hundred (100) miles for Saturday (tble 6th day) and rates for regular assignment on Sunday (7th day) their layover day.

Example 2:

Crew regularly assigned in freight service between A and B.

Leave A at 8:00 P.M. Sundays, Tuesdays and Thur3days.

Leave B at 3:00 P.M. Mondays, Wednesdays and Fridays.

Layover Saturday at A.

Crew on Friday (6th day) is held at B and not ordered to leave B until after midnight.

Allowance, same as Example 1.

Example 3:

Crew regularly assigned in freight service between A and B, on turn-around run A to B and return, daily except Tuesday.

Leave A at 7: 3 0 P.M.

Layover at A on Tuesdays.

Crew on Monday (6th day) Is held at A and not ordered to leave until after midnight.

Allowance, same as Examples 1 and 2.

Note: This paragraph applies only to crews in freight service regularly assigned to six (6) day assignments ELnd to the sixth and seventh day of such assignment only.

THROUGH FREIGHT GUARANTEE

Rule 45. Trainmen in through freight service will be permitted to make at least 3,000 miles per month exclusive of all other allowances (except road overtime) or be paid therefor. This rule will not operate to prevent trainmen from making more than 3,000 miles per month. Trainmen working under the provisions of this rule who do not work all month will be paid not less than pro rata of the guarantee for days worked.

Note: When road overtime is used to make up the guaranteed mileage under this rule, it will be figured an basis of 12% miles per hour.

SERVICE OUT OF EAST GRAND F’ORKS

Rule 46. (a) Five (6) crews will be assigned between Lake Park and Pembina to trains 633,

7489 752, 129, 130 and one Extra East (East Grand Forks to Lake Park, Sunday only) t and first In, first out of East Grand Forks,

(b) The mixed train rate will apply Nos. 129 and 130. The local freight rate to the other trains named In this rule.

© Extra men assigned to fill vacancy one of these five (5) regular cars for 1 full month will be paid not less than pr monthly mileage made by such car, for signed. Miles allowed under this article up pro rate to be paid at local freight rate

Example: Trainmen assigned to fill vacancy on re 15 days in 30-day month; Makes 1,200 actual miles; Car makes 2,600 actual miles that month Entitled to ir)Ao of 2,600 miles, or 1,300

(d) The above will govern except du fall grain shipping season, When it is nee place additional crews in service to handle ness. During such period crews will be first in, first out of East Grand Forks permitted to make the

money equivalent miles per month at through freight rates of all other allowances, except road overtime paid therefor.

(e) Except as provided in paragraph (d rule, extra crews run on the Red River Bra not be pooled with regularly assigned crews be bandied independently and will not @l with the regularly assigned service.

Note: Rule 61 of Article III applies.

SWITCHING LIMIT ZONES

Rule 47. (a) Switching limit zones established including all yards in switching at -

Head of the Lakes, Twin Cities, Dilworth, Moorhead and Fargo. Marked by switching limit boards:

Duluth, Superior, Central Ave. Where switching limits are not defined, yard limits will govern the working zone of yardmen, and yardmen will do all yard, work train and transfer work within yard or switching limits, except:

TRANSFERS LAKE SUPERIOR DI’V’ISION

(b) Lake Superior Division roadmen will handle two transfer runs between Duluth, Superior, Central Avenue, Hill Avenue and East End.

TRANSFERS ST. PAUL DIVISION

© St. Paul Division roadmen will handle two transfer runs between St. Paul, Minneapolis and Northtown. (Yardmen will continue to handle transfer known as No. 55 run.) St. Paul Division roadmen may be permitted to handle stock and perishable freight destined to St. Paul and stockyards. Trainmen in freight service between Staples and St. Paul will be paid 150 miles.

Crews handling stock trains through to St. Paul or stock yards may be required to handle empty stock cars returning from stock yards or St. Paul to Northtown.

The White Bear transfer runs will be handled by road crews.

TRANSFERS LAUIREL AND BILLINGS.

EAST HELENA YARD CREW

(d) The transfer work between Laurel and Billings will be handled by roadmen. The yard work at East Helena will be handled by yardmen and no penalty time will be allowed road or yard men on account of yardmen going to East Helena to do switching at that point.

WORK TRAIN WORK

(e) Roadmen shall have the right to man work trains that are operated partly within switching or yard limits and partly on the road adjacent to such yard or switching limits; except where there is a sumcient amount of work inside of yard or switching limits to warrant assigning a crew to that service, a yard crew will be used.

SWITCMNG SERVICE AT INTERMEDIATE

POINTS

(f) When it becomes necessary to assign a crew to exclusive switching service at an intermediate point, a road crew will be assigned; in such cases road rates and rules will apply, but in no case will the rate paid be less than yard rates.

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Note: This will not operate to displace yardmen now holding such positions.

SWITCHIING SERVICE FOR NEW INDUSTRIES

AND CHANGING SWIITCING LIMITS

Rule 47-1. Adopted from Article 10 of May 25, 1951 Agreements:

(a) The employees involved, and the carriers represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, being desirous of cooperating in order to meet conditions on the various properties to the end that efficient and adequate switching service may be provided aiad industrial development facilitated, adopt the following:

(b) Except as provided in paragraph (c) hereof, where an individual carrier not now having the right to change existing switching limits where yard crews are employed, considers it advisable to change the same, it shall give notice in writing to the General Chairman or General Chairmen of such intention, whereupon the carrier and the General Chairman or General Chairmen shall, within 30 days, endeavor to negotiate an understanding.

In the event the carrier and the General Chairman or General Chairmen cannot so agree on the matter, any party involved may invoke the services of the National Mediation Board.

If mediation falls, the parties agree that the dispute shall be submitted to arbitration under the Railway Labor Act, as amended. The Jurisdiction of the Arbitration Board shall be limited to the questions submitted to it. The award of the Board shall be final and binding upon the parties.

© Where, after the effective date of this agreement, an industry desires to locate outside of existing switching limits at points where yard crews are employed, the carrier may assure switching service at such location and may perform such service with yard crews from a yard or yards embraced within one and the same switching limits without additional compensation or penalties therefor to yard or road crews, provided the switch governing movement from the main track to the track or tracks serving such industry is located at a point not to exceed four miles from the then existing switching limits. Road crews may perform service at such industry only to the extent they could do so if such industry were within switching limits.

35

Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with paragraph (b) hereof.

The yard conductor (foreman) or yard conductors (foremen) involved shall keep account of and report to the carrier daily on form provided the actual time consumed by the yard crew or crews outside of the switching limits in serving the industry in accordance with this paragraph © and a statement of such time shall be furnished the General Chairman or General Chairmen representing yard and road crews by the carrier each month. Unless soine other plan for equalization of time is agreed to by the General Chairman or General Chairmen representing yard and road crews, the carrier shall periodically offer to road employes the opportunity to work in yard service, under yard rules and conditions, on assignments as may be mutually agreed upon by the local representatives of the employes involved, for a period of time sufficient to offset the time so consumed by yard crews outside the switching limits. In the event such local representatives fail to agree, the carrier will designate such assignments but shall not be subject to penalty claims because of doing so. Such equalization of time shall be apportioned among employes holding seniority as road conductors or road brakemen in the same ratio as the accumulated hours of yard conductors (foremen) and yard brakemen (helpers).

(d)This agreement shall in no way affect the changing of yard or switching limits at points where no yard crews are employed. (This rule (a) through (d) became effective August 1, 1951.)

FREIGHT SERVICE BETWEEN ST. PAUL AND

DULUTH* HOW PAID

Rule 48. (a) Trainmen in freight service on the Lake Superior Division will be paid on time basis between Duluth, Central Avenue, Alloupz and West Duluth Junction; and mileage basis between Allouez and Ashland, Central Avenue, St. Paul or Staples, West Duluth Junction, St. Paul or Staples.

FREIGHT SERVICE BETWEEN E. GRAND

FORKS, PEMBINA AND EMERSON, HOW PAI[D

(b) Trainmen in freight service on the second district, Red River Branch, will be paid on mileage basis between East Grand Forks and Pembina; time basis between Pembina and Emerson.

Note: On out-bound trips from Duluth, zone time will be calculated separately from the road trip outside the zone, road time to commence at Central Avenue, in each instance zone time to be paid for at one-eighth of the daily rate per hour.

Examples:

1. Report for duty at Duluth 7:00 A.M.

Leave Central Ave 9:00 A.M.

Arrive St. Paul 8:30 P.M.

Actual mileage Central Avenue to St. Paul, 150.

Allowance:150 miles at mileage rate plus 2 hours zone time at one-eighth of the daily rate per hour.

2. Same train arrives St. Paul. 9:30 P.M. Switches I hour, tying up at. 1 0: 3 0 P.M. Actual mileage Central Avenue to St. Paul, 150.

Allowance:150 miles at mileage rate plus 2 hours zone time at one-eighth of the daily rate per hour. (Road time Central Avenue to St. Paul, 13130f’) or 1’3011 overtime at three-sixteenths of the daily rate, which is greater than 1 hour for terminal switching at St. Paul at oneeighth of the daily rate.

Note:On in-bound trips to Duluth, either the zone time at one-eighth of the daily rate per hour, or the road overtime at three-sixteenths of the daily rate, based on the total time on duty, whichever is the greater, will apply.

3. Report for duty at St. Paul. . 7: 0 0 A.M.

Arrive Central Avenue 5*00 P.M.

Arrive Duluth and ties up 7:30 P.M.

Actual mileage St. Paul to Central Ave-

nue, 150.

Allowance:150 miles at mileage rate plus 2130" zone time at one-eighth of the daily rate per hour, which is greater than 30 minutes road overtime at threesixteenths of the daily rate.

4. Report for duty at St. Paul. . 7: 00 A.M.

Arrive Central Avenue 7:30 P.M.

Arrive Duluth and ties up 9:30 P.M.

Actual mileage St. Paul to Central Ave-

nue, 150.

Allowance:150 miles at mileage rate and 2f3O*’ overtime at three-sixteenths of the daily rate, which is greater than 2 hours zone time at one-eighth of the daily rate.

I DOUBLE-HEADERS AND HELPERS

Rule 49. (a) On freight trains of over forty cars, exclusive of cabooses, the practice of doubleheading will be discontinued, except as hereinafter stated.

(b) Doubleheaders may be run on any district provided the rating of largest engine handling the train is not exceeded.

© In case of an accident to an engine, consolidation may be effected with another train and consolidated train brought into terminal as a doubleheader.

(d) It is recognized that the exigencies of the business may require additional helper service to that provided for, in which event the matter shall be settled by negotiations between the management and committee, and provisions for pusher or helper service may be inade by management and committee for pusher or helper engines on any district to maintain the tonnage intact over grades.

(e) Helpers will be used between the following

points:

Duluth and Sawyer.

Duluth and Otter Creek. The tonnage rating of trains between Duluth and Sawyer and between Duluth and Otter Creek, will not exceed rating of road engine over the division.

St. Paul and Claymont.

East Minneapolis and point 2% miles toward White Bear.

Stillwater and point two miles out.

St. Paul and Minneapolis.

Little Falls and Lincoln.

Brainerd and point three miles toward St. Paul.

Koldok and Peak, and Peak and Berea via Valley City; with limitation of capacity of one locomotive between Dilworth and Koldok and between Peak or Berea and Jamestown.

Jamestown and Bloom.

Jamestown and Windsor.

Jamestown and Parkhurst.

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Jamestown and point one and one-half miles south on James River Branch.

Mandan and Bismarck.

Livingston and Bozeman. In case of wrecks, snow blockades or washouts, rendering low line via Powers between Logan and Bozeman impassable, helpers may be used to assist eastward freight trains Logan to Bozeman via Manhattan on first subdivision, with ]Imitation that no more tonnage Is hauled than road engine handles regularly via the low line.

Townsend and Helena, with ]Imitation that no more tonnage is taken out of Townsend than two engines will take Livingston to Bozeman.

Whitehall and Butte.

Helena and Garrison; with limitation that no more tonnage is taken from Garrison than two engines will take into Blossburg.

Stuart and Butte.

Missoula and Dixon.

Saltese and Wallace.

Spokane and Cheney.

Sprague and Tyler.

Cunningham and Providence.

Pasco and Badger; with limitation that no more tonnage is hauled with the aid of helper between these two points than the road engine can haul over the balance of the freight district.

Kendrick and Howell.

Easton and Lester.

Two engines may be used Auburn to Lester, via old or new line, and three engines Lester to Easton. On such trains twenty-eight miles constructive mileage will be allowed in addition to present mileage allowance. On all other trains, existing rates and conditions will govern.

It is not the intent of this rule to run turnarounds into Lester for the purpose of filling out eastward trains at Lester.

South Prairie and Buckley.

South Prairie and Wilkeson.

South Prairie and Carbonado.

Tacoma and South Tacoma.

Centralia and Castle Rock; with limitation that no more tonnage is hauled

with the aid of helpers

39

between these two points than the road engine can haul between Tacoma and Centralia.

Tenino and Rainier.

Pe Ell and Francis.

Woodinville and Snohomish.

Nisqually and Fort Lewis.

Bellingham and Larson.

Wickersham and Park.

(f) The number of helpers to be used between any of the points above named will be such as is necessary to move a train brought to such points by a single engine without any increase in the tonnage.

(g) Helpers may be run on any district when necessary because of storms, engine failures, to avoid running engines light, and moving engines to and from shops or from one division or district to another, provided the tonnage rating of the largest engine handling the train is not exceeded.

(h) Following is copy of an agreement, effective April 1, 1948, covering extension of helper limits on the Fifth and Thirteenth Subdivisions of the Tacoma Division:

MEMORANDUM OF AGREEMENT, Between the Superintendent of Tacoma Division and Local Chairmen of the Order of Railway Conductors and the Brotherhood of Railroad Trainmen, Tacoma Division, relative to the extension of helper limits between Bromart and Arlington, covering the Thirteenth Subdivision Bromart to Edgecomb, and the Fifth Subdivision Edgecomb to Arlington Jet., Tacoma Division.

We agree to the extension of helper districts between Bromart and Arlington Jct., covering the Thirteenth Subdivislon Bromart to Edgecomb, and the Fifth Subdivision Edgecomb to Arlington Jct., and two engines may be used between Bromart and Arlington Jct. On such trains twenty (20) constructive miles will be allowed and paid for in addition to all other allowances for the trip. On all other trains the existing rates and conditions will govern. It is specifically agreed that the constructive mileage allowance will only be made on trips on which a helper engine is used in violation of the doubleheader rules, that iso if a helper engine is used on a train of less than 40 cars or a train upon which the tonnage rating of the road engine Is not exceeded, the constructive mileage allowance will not apply.

40

Conductor pilots accompanying the double-header or helper engine will be allowed twenty (20) constructive miles when this allowance is made to road crews being helped except that this allowance will not be made more than once for each day or trip.

This agreement Is effective April 1, 1948 and may be terminated at any time without further negotiation by any of the parties hereto serving fifteen days written notice.

Approved:

/s/ C. H.]3urgess Assistant General Manager

/s/ E. M. Helgeson General Chairman, O.R.C.

/a/ I. P. Iversen

Superintendent

/s/ J. M. Sullenberger Local Chairman, O.R.C.

/s/ P. K. Byers

General Chairman B. of R.T.

/s/ R. G. Baker

Local Chairman D. of R.T.

CABOOSES

Rule 50. (a) It is understood the general practice will be to assign cabooses to local runs and chain gang districts and when so assigned they will be kept on such assigned runs or territory, except this will not prevent the Management from transferring these cabooses to other districts If conditions require such change, nor will it prevent a conductor from taking a caboose to which he is assigned into a work train assignment if he so desires, provided It is agreeable to the Management.

(b) Cabooi3es will be equipped with stoves, tools, signal appliances, lamps and such other isupplies as are required for the service. At terminals where car men are employed when supplies are needed for caboose, they will be put on by some one other than trainmen.

© It will not be the duty of trainmen to clean combination cars or cabooses used for carrying passengers.

(d) The following will be observed to the fullest possible extent:

There shall be a caboose track at all terminal Cabooses will be taken off trains and put caboose track immediately on arrival. Switch with cabooses is prohibited. Cabooses will not taken from caboose track and put on train until hours before leaving time of train,

Note: Application of Rule 50 is subject to visions of Article 7 of the May 25, 1951 Agreem with respect to pooling of cabooses which become effective August 1, 1951 and reads as follows:

Effective August 1, 1951 and reads as follows:

ARTICLE 7 - POOLING OF CABOOSES

(a) The employees affected by this rule and the carriers represented by the Eastern, Western an Southeastern Carriers’ Conference Committees, being desirous of cooperating in situations where train service can be improved and trains expedited b the pooling of cabooses, adopt the following:

(b) Where an individual carrier not now having the right of pooling cabooses considers it ad visible to establish such pooling, appropriate committee or committees representing the employee involved and proper representatives of the carrier will conduct negotiations relating thereto.

(e) A reasonable and practical approach to the problems herein referred to, namely-the pooling of caboose requires that the carriers and the employees definitely recognize each other’s funds mental rights, and where necessary, reasonable an fair arrangements should be made in the interest of both parties.

It is further agreed that:

(1) Whenever the carrier desires so to pool it cabooses, it shall give notice to the General Chair man or General Chairmen of such intention, specify ing the territory and service involved, where upon the carrier and employe representatives shall, with in 30 days, endeavor to agree upon any facilities that should be furnished to provide accommodation substantially equivalent to those formerly available on the cabooses and used by the employees and o appropriate arrangements for supplying and servicing such pooled cabooses.

(2) In -the event the carrier and such representatives cannot so agree on the matter, any part involved may invoke the services of the National Mediation Board.

(3) If mediation fails, the parties agree that the dispute shall be submitted to arbitration under the Railway Labor Act, as amended. The decision of the Arbitration Board shall be final and binding upon both parties.

ORDERING CREWS FIOR BRAINERD AND

STAPLES AT DULUTH

Rule 51. In ordering crews for Brainerd and Staples at Duluth, the terminal for each crew will be stated on the board or in the call, so that each will know when leaving Duluth whether his run will terminate at Brainerd or Staples. If the destination of the trip designated to end at Brainerd is changed to Staples, the allowance for the trip from Brainerd to Staples will be figured as if a new trip were begun at Brainerd. If the trip designated to end at Staples is terminated at Brainerd, the time allowance will be figured under Rule 80, Article 111, Brainerd being an intermediate and not a terminal point for such crews.

The local officers will arrange to the greatest possible extent to turn chain gang crews tied up at Brainerd back to Duluth, after reasonable rest, without undue delay, with proper regard for economical operation.

EXF’ERIENCED BRAKET*FEN ON LOCALS

Rule 52. Inexperienced brakemen will not be sent out on local freights when experienced brakemen are available on extra list.

Note: Under this rule brakemen will be considered experienced when they have had at least sixty (60) days’ actual experience as freight brakemen or sixty (60) days’ actual experience as yardmen on a steam surface railway.

THREE BRAKEMEN ON MAINLINE LOCALS

Rule 53. Main line local freight trains will be provided with three trainmen. The following will be considered main line territory:

Lake Superior Division:

Duluth and St. Paul

Duluth and Staples.

St. Paul Division:

Northtown and Staples.

Staples and Dilworth.

Fargo Division:

Dilworth and Jamestown.

Jamestown and Mandan.

43

Yellowstone Division:

Mandan and Livingston.

Rocky Mountain Division:

Livingston and Helena or Butte.

Helena or Butte and Paradise via St. Regis.

Idaho Division:

Paradise and Spokane.

Spokane and Yakima

Tacoma Division:

Yakima, Seattle or Tacoma.

Seattle and Sumas via Belt Line.

Tacoma and Portland.

Buckley Line.

Branch line local freight trains will be proved with three trainmen when business will warrant.

Note: Where the preponderance of mileage combination main line and branch line local freight trains Is branch line territory, the provisions of the rule providing for three trainmen on main line local freight trains will not apply.

freight trains will not apply.

WHEN TRAIN IS MADE UP

Rule 54. Trainmen will not be required to commence work on trains in yard until notified the trains are made up.

DOUBLE LOADS AND DRAW BARS

Rule 55. It will not be the duty of trainmen t chain up double loads or to load drawbars.This rule will not apply to drawbars billed an offered for shipment from depot platform. offered for shipment from depot platform.

NOT REQUERED TO)REDE OUT

Rule 56. The practice of trainmen being re quired to ride out through stations will be die continued except on mountain grades or where extr precaution is required to assist in holding train, an through terminals. During cold and Inclement weather trainmen wil not be required to ride out on mountain grade except through stations at meeting points an railroad crossings at grades. railroad crossings at grades.

NOT DUTY TO HANDLE WORK TRAIN APPURTENANCES

Rule 57. It shall not be the duty of trainmen to handle cables, sideboards, sidedoors, aprons or to operate weed-burners, rail-loaders, dozers, spreader or other work train appurtenances.

OONSTRUCTIVE MILEAGEs WHEN PAID

Rule 58. Where constructive mileage is paid it will be in addition to all other allowances paid for the trip.

SHORT TRIPS ACCOUNT ACCIDENT,

RUNNING FOR WATER9 ETC.

Rule 59. Short trips from a terminal to an outlying point and return, from an outlying point to a terminal and return, or from an intermediate point to another intermediate point and return, on account of engine failure, running for fuel or water, running for wreck car or carmen, or on account of a derailment, when such conditions arise in connection with their own train, will be paid continuous time or mileage.

ARTICLE III

GENERAL RULES

PASSENGER AND FREIGHT

MORE THAN ONE CLASS OF ROAD SERVICE Rule 60. (a) Road trainmen performing more than one class of road service in a day or trip will be paid for the entire service at the highest rate applicable to any class of service performed. The overtime basis for the rate paid will apply for the entire trip.

Question No. 1. Does the rule apply to trainmen in unassigned and/or assigned road service?

Answer. Yes, except where existing rules adopted prior to August 1, 1939, specifically provide that trainmen will not be required to perform work other than that to which regularly assigned.

Question No. 2. Does the rule apply to trainmen at an intermediate point or between two intermediate points where trainmen are required to perform road service not incident to the normal trip?

Answer. Yes, except where existing rules adopted prior to August 1. 1939, specifically provide separate compensation for such work.

Question No. 3. Does the rule set aside lapback or side trip rules?

Answer. No. except that when a combination of service includes work, wreck, helper or pusher service, such rules will not be applicable to any movements made in the performance of such service.

45

Question No. 4. Does the rule set aside existing conversion rules?

A.nawer. No.

Question No. 5. Does the rule set aside existing terminal switching rules?

Answer. No.

Question No. 6. Does the rule apply to train men in passenger service?

Answer. Yes, except where under existing rules seniority acquired by employes in passenger service is separate and distinct from the seniority acquire by employes in freight service.

Helper or pusher service, not a part of their regular assignment, or wreck or work train servic should not be required of passenger trainmen except in emergencies.

Question No. 7. Does the rule apply to train men who are required at an intermediate point o points to perform work train service?

Answer. Yes, except where existing rule adopted prior to August 1, 1939, specifically provided for separate compensation for trainmen performing work train service.

Question No. 8. Does the rule apply where road trainmen are instructed at the outset of a trip be fore leaving the initial terminal to perform another class of road service outside of the terminal?

Answer. Yes, except where existing rule adopted prior to August 1, 1939, specifically provided otherwise.

Note: Paragraph (a) of Rule 60 and example appearing thereunder were adopted from th Cheney Award dated August 1, 1951. In accordance with the examples, Rules 9 (d) and 43 (d) and other rules appearing in this

Schedule, which were adopted prior to August 1, 1939, are unaffected.

(b)Trainmen in through freight service required to load or unload company material or engage in wrecking service, or service at a washout will be paid work trainrates for the entire trip,

Note: A train’s classification is not changed b the application of sections (a) and (b) of this rule

© Trainmen in work, snow plow or wreekin service, running over mountain and valley te"itor or working part of day in mountain and part of da In valley territory, will be paid mountain rate to entire service.

WORK TRAIN AG NT Dated Effective June 1, 1949 (AppUcable to en)

(d) It is hereby agreed subject to the conditions hereinafter provided for, that:

(1) Train and engine crews may be required to perform work train service in connection with a trip or day’s work in through freight, local freight, mixed train service or other service to which freight rates and rules apply and when so used will be paid for the time consumed in performing work train service on the minute basis with a minimum of two hours in the aggregate as applied to the entire day or trip at % - of the basic daily rate (through freight, local or mixed train rate) per hour applying to the trip or day’s work but not less than %th of the basic work train rate per hour applicable to the territory where work train service is performed. Such payment will be mELde in addition to payment for the road trip without deduction therefrom in computing road overtime.

Note 1. The term "other service" as used in this Section (1) does not include work train or snow plow service.

Note 2. Time consumed in performing work train service means the time actually engaged in such service. Computation of such time shall include any time held or time consumed making a side or lap back trip incident to performing work train service at a particular location. If work train service is performed at more than one location on the same trip, the time consumed at each location including any time held or time consumed making a side or lap back trip incident to the performance of work train service will be added together in determining the allowance subject to the minimum allowance of two hours in the aggregate as applied to the entire day or trip.

(2) Work train service shall include all types of work train service classified as such, which for the purpose of this agreement, shall include thawing out culverts or waterways, pipe lines, water tanks, water columns,

etc.; loading and/or unloading, distributing and spreading any material used in connection with construction or maintenance of track, roadway, bridges, buildings or other appurtenances of the Railway Company such as,

but not limited to, gravel, ballast, cinders, rails, ties, bridge and culvert material, telegraph and signal material, etc., including retailing of cars or engines. wrecking service, and/or Snow plow service, subject to the exceptions hereinafter provided for in paragraphs (3) and (4).

(3) The following will not be considered work train service and will not be paid for under Section (1) hereof: (a) Handling of work or wrecking equipment, boarding or outfit cars, water cars, or cars of company material or supplies from one point to another, including setting out or picking up and/or switching of such equipment or cars when not actually engaged in performance of work train service. (b) Loading or unloading company material or supplies at stations when handled the same as way freight. © Spotting cars to load or unload company ice, coal, water or other supplies for stations, or for domestic use of employes, or for sections or for extra or other gangs in boarding or outfit cars. (d) Supply train cars handled in local or mixed trains for the purpose of loading or unloading of company material and supplies.

(4) (a) When an engine equipped with a pilot plow and/or a Ranger is used on trains in road service as specified in Section 1 of this agreement and whether or not flanging device is operated in the usual performance of service, train and engine crews will be paid the rate of pay attaching to the service for which called as applying to the entire day or trip.

(b) When a Russell or other type of snow plow or spreader Is operated on the head end of trains in road service as specified in Section (1) of this agreement, train and engine crews will be paid the rate of pay attaching to the service for which called but not less than the snow plow rate for the entire day or trip.

© When It is necessary to detach an engine equipped with a pilot plow and/or flanger or detach an engine and plow from th@ train, where such equipment is operated as described in paragraphs (a) and (b) of this

section (4), for the express purpose of flanging or removing snow from the main track to permit the train to proceed, or for the express purpose of flanging or removing snow from any track that would not otherwise be used in the usual performance of service incident to the trip or day’s work,

train and engine crews will be paid therefor under the provisions of Section (1) of this agreement; and provided that such arbitrary allowance shall be paid for at not less than % of the basic daily rate per hour applicable to onow plow service In the territory where such service Is performed.

(5) It is understood that assignments may be made under rules applying to work train or local freight service under which crews may handle company and commercial ice or company and commercial sand or gravel during the same tour of duty and that crews so assigned will be paid local freight rates. It is further understood and agreed that the allowance provided for in Section (1) of this agreement will not apply to such crews because of handling company ice or company sand or gravel.

(6) Nothing herein contained shall be construed as modifying or changing schedule rules or agreements except as herein specifically provided f or.

(7) This agreement is effective as of June 1, 1949, and may be canceled at any time without further negotiations by any of the parties signatory her to serving ten 10 days written notice. Hereto, serving ten (10) days’ written notice.

HELD AT OTHER THAN HOME TERMNAL

Rule 6 1. Adopted from Agreement of November 21, 1947, effective January 1.

1948:

Trainmen in pool freight and in unassigned serv ice held at other than home terminal will be pat on the minute basis for the actual time so he] after the expiration of sixteen hours from the tim relieved from previous duty at a rate per hour % % the of the daily rate paid them for the last servic performed. If held sixteen hours after the expiration of the first a twenty-four hour period from the tim relieved, they will be paid for the actual time s held during the next succeeding eight hours. o until the end of the second twenty-four hour period and similarly for each twenty-four hour perio thereafter.

Should a Trainman be called for service o ordered to deadhead after pay begins, held awa from home terminal time shall cease at the tim pay begins for such service or deadheading.

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

For the purpose of applying this rule the railroa will designate a home

terminal for each crew In po

FREIGHT AND PASSENGER SERVICE BILLINGS - LAUREL

(Old Montana Division)

Rule 62. The transfer work between Laurel and Billings, and trains originating at Billings for movement west, or trains from the west terminating at Billings, and also trains originating or terminating at Laurel or Billings operating on the Tenth Subdivision (Billings and Central Montana Branch), will be manned by men from the seniority roster of the Rocky Mountain Division-East holding seniority in the territory of the Old Montana Division.

EQUALIZATION OF MILEAGE, LAUREL - FIORSYM

Rule 63. Crews manned by men from the Rocky Mountain Division-East seniority roster holding seniority in the territory of the Old Montana Division will be used between Laurel and Forsyth to offset the mileage lost by the Rocky Mountain (Old Montana) Division crews on account of the Yellowstone Division crews running through to Laurel, the mileage being balanced at the end of each year, and the trainmen being permitted to work out the excess mileage.

TLKE SLIPS

Rule 64. (a) When trainmen’s time is not allowed as per time slip they will be notified promptly reasons for disallowance and what allowance, if any, has been made. If no notice of disallowance is given, time as reported on time slip will be allowed.

(b) When time of trainmen is short time check to cover shortage will be issued on request if shortage amounts to one dollar ($1.00) or more. © Time claims that are settled by the Committee and the officers of the company will be paid by time check promptly.

CALLING LLVUTS, ETC.

Rule 65. (a) When callers are employed trainmen within one mile of office and at such places as conditions require, one and one-half miles from office, wiII be called as near as practicable one hour and fifteen rainutes before required to come on duty. Trainmen whefi called will sign call book, which will show time called and time required to report for duty. Trainmen who have telephones that are in working order will be called by telephone regardless of distance.

60

CALLED AND NOT USED

(b) When trainmen have been called to report for service at a specified time and call is annulled, they will be paid at one-eighth of the daily rate for time held until released from duty, but not less than one-fourth of one day will be allowed. If held more than 8 hours overtime rate will be paid for time held in excess of 8 hours.

If call is cancelled before trainmen report for duty or perform service, they will be allowed not less than one-fourth of one day and will stand first out. If they perform service they will be allowed full time with a minimum of one day at the regular established rate for such service and stand last out.

CREWS, FIRST IN, FIRST OUT

Rule 66. (a) Crews not assigned to regular runs will run first in, first out on district or division on which they are assigned.

EXTRA BRAKEMEN

(b) Trainmen on extra list will be run first in, first out, except as provided in paragraph © of this rule, and officers of the company and local committee will cooperate in keeping the board reduced so that extra men will make the equivalent of 26 days or 2,600 freight miles per month.

Extra lists will be maintained at the following points:

Tacoma Division:

Tacoma for Tacoma Roster trainmen.

Seattle for Passenger trainmen.

Auburn for Seattle Roster freight trainmen.

Idaho Division:

P4scO for Idaho Division-West freight trainmen.

Spokane for Idaho Division-West passenger trainmen.

Yardley for Idaho Division-East trainmen.

Rocky Mountain Division:

Missoula for Rocky Mountain Division-West trainmen.

Livingston for Rocky Mountain Division-East (Old Montana) freight trainmen.

Billings for Rocky Mountain Division-East (Old Montana) passenger trainmen.

Yellowstone Division:

Forsyth for Yellowstone Fourth Subdivision.

Glendive for Yellowstone Third and Seventb

Subdivisions.

51

Dickinson for Yellowstone Second and Sixth

Subdivisions.

Mandan for Yellowstone First Subdivision and branches.

Fargo Division:

Jamestown for Fargo (Old Dakota) Division. Dilworth for Fargo Division-East.

St. Paul Division:

Staples for St. Paul (Old Minnesota) Division, except that extra list may

be maintained at East Grand Forks for Red River Branch

crews.

Minneapolis for St. Paul Division-East freight trainmen.

St. Paul for passenger trainmen.

Lake Superior Division:

Duluth for Lake Superior, except International Falls and Bullhead Lake Branches. North Bemidji for Seventh, Eighth and Ninth Subdivisions (International Falls and Bullhead Lake Branches).

Note: Agreement dated January 20, 1941 concerning extra passenger work out of St. Paul, provides:

It is agreed that all extra passenger work will be filled from the

Northtown extra board by brakemen equipped with passenger uniforms in the

order of their relative standing on the extra board and that no claim will

be made for deadhead mileage to and from Northtown. Extra passenger

brakemen from the Second District working out joint mileage are not to be

affected by this agreement. This agree-

ment maybe cancelled by either party on five days’

notice. /a/ P K. Byers

L@cal Chairman, B. of R.T.

/a/ T. M. Flynn

Superintendent

VACANCIES OF MORE THAN SIX DAYS

© When it is reasonably certain that a vacancy will be for a period of

more than six (6) days, the senior trainman applying for same will be

assigned at once, except as provided in Rule 89 of this

Article.

Vacancies in the place of Trainmen granted their vacation under the Vacation Agreement will be governed by the provisions of this paragraph of Rule 66.

so

Note 1: In the event no senior brakeman not assigned to the extra list has applied for a vaeancy occurring under Paragraph ©, Rule 66, making it necessary to use a brakeman from the extra list, au effort should be made to notify the senior available brakeman assigned to the extra list, who is rested, to afford him an opportunity to make application for such vacancy. This is not intended to conflict with the Interpretation of March 1, 1923, reading:

INTERPRETATrION OF MARCH 11 19=

Cone g Paragraphs (b) and (c), Rule 66,

Article M

Except as hereinafter provided and as provided for in Paragraph (e) of Rule 66, Article III, all temporary vacancies of six days or less, and in addition thereto set-up cars in pool or unassigned service, will be filled from the extra list of trainmen in accordance with paragraph (b) of Rule 66, Article III. If, at the expiration of six days, the regular man has not returned, or another regular man senior to the man laying off has not taken the run, or the set-up car is still in service, the right of trainmen to exercise their seniority to such vacancy or set-up car thereafter will be governed by seniority in accordance with Section (b) of Rule 82, Article III.

When an extra man first out on the extra list to used to fill a temporary vacancy of six days or less on an isolated run, he will hold such run until the regular man returns or gives up the run unless Et senior man to the regular man laying off desires the run, and provided this does not exceed six days and his date on the seniority roster will permit him to remain in service as an extra or regular man. If, at the expiration of six days, the regular man bas not returned or another regular man senior to the man laying off has not taken the run, the right of trainmen to exercise their seniority to such vacancy thereafter will be governed by seniority in accordance with Section (b) of Rule 82, Article III.

It is agreed under this rule one man to each crew with experience required by the rules or law In eff ect may be used to properly man the crew without incurring a penalty for runaround.

In applying the foregoing It is understood that it is not intended in any

manner to affect the,provisions of Rule 89, Article III on divisions where

the bulletin rule is in effect by agreement between the

53

division offtcers and the local representatives of the men.

Note 2: In the application of the first paragraph of the Interpretation of March 1. 1923, in determining between a vacancy of six (6) days or Iess, or a vacancy of more than six (6) days, it is not intended a new vacancy is created in the event a regular man marks up for a car or run and for some reason does not go out on the next trip.

RUN AROUNDS - EXTRA TRAINMEN

(d)Extra trainmen run around at terminals ac-

count not being called in turn will be paid for one-

half of one day each time run around and stand

first out, except that trainmen on extra list who have not had the legal rest period will not be paid for run arounds occurring during such period.

Note: If two extra trainmen are run around another trainman and used on the same crew it wili be bonsidered as one run around.

When two trainmen are called from the extra list for the same train, returning to the home terminal on the same train, they should be niarked up on the board as they stood before they were called regardless of their relative seniority.

CREWS RUN AROUND

(e) Crews run around at terminals account not being called in turn will be paid for one-half of one day each time run around and stand first out.

(f) Crews called in turn and run around at terminals will be paid for one-fourth of one. day each time run around and stand flrst out.

Note: @ections (e) and (f) of this ruie do not apply to/ crews assigned to regular runs, but do apply to crews in pool service.

SET-UP CREWS

(g) Crews set up will stand first out after crews then in terminal who have had such a period of rest as makes them available for 16 hours’ continuous service.

REPORTING FOR DUTY

Rule 67. Trainmen who are laying off or on vacation, when returning to duty, must report for work not later than four (4) hours from the time the trainman who is to be displaced has been relieved from duty.

54

This rule does not apply to trainmen returning

to the extra list, nor to trainmen returning to a

Position which is being filled by extra men under

paragraph (b) of Rule 66.

OOUPL]ING STEAM OR AIR HOSE

Rule 68. It will not be the duty of trainmen to couple air hose, steam hose or test air at terminals where carmen are employed and on duty.

Note: It is agreed that it will be the duty of trainmen to couple or uncouple the hose between the engine and first car on freight trains.

USED AS CONDU@R AND B . RAKEMAN

Rule 69. Trainmen used as both conductor and

brakeman on same trip will be paid not less than

the minimum day in each class of service.

RUN OF’F OWN DMSION

Rule 70. (a) Except as provided In Rules 17, 20 and 63, and except as provided in existing agreements, covering tnterdivisional service, trainmen wiII not be run off their own division except in case of extreme emergency, in which event they viII receive not less than one day for each calendar day held.

(b) Crews run off their own division under thts rule may be deadheaded to their own division at once, and such deadheading shall not be considered a run-around unless crew is again used on foreign division before entering service on the division to which assigned.

OOALING ENGIINES

Rule 71. (a) Trainmenrequiredtocoalengines will be paid a minimum of two hours at one-eighth of the daily rate for each engine coaled. If more than two hours are consumed they will be paid accordingly, this allowance In addition to all other allowances for the trip, Trainmen will not be required to coal engines when other men are available.

(b) It will not be the duty of trainmen to shovel down coal on engine or assist fireman.

FTWT]ING

Rule 72. Trainmen acting as pilots will be paid conductors’ rate applicable to the service rendered.

PAID FIOR TIME HELD OFIF RUN

Rule 73. If a trainman is held off his regular

car or run for any cause or is denied a run bis

55

seniority entitles him to, he will not be used in oth service If other trainmen are available, and w be paid not less than he would have earned had gone out on his run.

Note: This will not prevent the Manageme from deadheading the trainman to an outside poi to take his car or run.

3 r un.

DEADHEADING

Rule 74 (a) Trainmen will receive one day or one hundred miles for each calendar day when deadheading on railroad business, but not less than they would have earned in their regular assignment.

(b) Trainmen when deadheading on their own division, will be paid full time or mileage at their regular rates in their regular assignments.

© Rate of pay of men having to regular assignment for deadheading on their own division, will be that of the service which they are entering, to apply to trip from and returning to headquarters.

(d) Trainmen will go with their cabooses when cabooses are deadheading.

(e) Trainmen first out will deadhead; trainmen

second out will perform service; trainmen dead-

heading will be first out at end of run.

(t) When necessary to cut out a crew between

terminals the crew deadheading that would stand first out at end of run will be cut off.

(g) When a crew is picked up on the road and deadheaded to the terminal they will be first out.

(h) Trainmen sent to or from an Isolated point will be entitled to deadhead mileage for the trip at their regular rates.

If a trainman Is employed in isolated service, and requests relief for his own accommodation, he is not entitled to deadhead mileage between location of his work and headquarters in either direction.

A trainman going to take a run at his own re-

quest, to which he is entitled through seniority, will

not be paid for deadheading to take the run.

(1) A trainman going to take a run at an iso-

lated point at his own request displacing a trainman that has been sent to relieve the regular man, will not be entitled to deadhead mileage returning to headquarters unless he is displaced by the regular man or by a trainman senior to the regular man.

5

Note: Paragraph (t) provides payment only to the Itrat man displaced and the man displaced by the regular man or a man senior to the regular man.

(J) If a trainman on an Isolated run is displaced or run discontinued, selects another run at the same point he will not be paid deadhead time but will be allowed 100 miles If a calendar day or more Is lost by the change; or, If when displaced, he selects a run at another isolated point he will be paid for the deadhead trip but not more than he would have received had he returned to headquarters.

(k) Freight trainmen deadheading from Minneapolis or Northtown to St. Paul to enter passenger service, or deadheading from St. Paul to Northtown or Minneapolis after having handled a passenger train Into St. Paul, or deadheading from Dilworth to Fargo to enter passenger service, and returning from Fargo to Dilworth after completing passenger work, vrill be paid for all time used with a minimum of 25 miles or 2 hours.

Note: When trainmen from the extra board at Dilworth are used to fill a vacancy at Fargo under the llrat-in, first-out provision, the trainmen occupyIng the vacancy at the expiration of six days will remain on such vacancy until displaced by a regular man or a senior man entitled to the service.

Deadhead allowances under Rule 74(k) will not accrue to trainmen who do not actually render deadhead service between Dilworth and Fargo, or vice versa, and nothing contained In the foregoing entitles trainmen to payments for deadheading between these two points not allowable under the other provisions of Rule 74.

(1) Trainmen deadheading to or from Auburn and Seattle and to or from Auburn and Tacoma will be allowed a minimum of one day for each deadhead trip, wben no other service Is performed on that date. In the event service is performed a minimum of one day will be allowed for service performed and one-half day Instead of one day for each deadhead trip.

Note: This paragraph applies only to deadheading between Auburn and Seattle and between Auburn and Tacoma and does not apply to deadheading between Seattle and Tacoma.

ATTEND@G OOURT

Rule 75. Trainmen attending court at request

of an officer of the Railroad will be paid full amount

57

they would have received at their regular work, but not less than a full day’s pay In their class for each calendar day. If away from home station, legitimate expenses will be paid; time and expenses to be certified to by Railroad’s attorney.

LOSS OR DAMAGE M EQURP.MENT

Rule 76. Trainmen will not be obliged to pay

fines for loss or damage to equipment.

NOTHICATION OIF DEDUCTIONS

Rule 77. When deductions are made from train-

men’s pay, they will be given statement in writing

If requested in writing.

MEALS ON DUTY

Rule 78. Time of trainmen wiII not be dis-

counted for time required to get meals while on duty.

AUTOM.ILTIC RELEASE

Rule 79. Trainmen arriving at terminals or end of run are automatically released.

TIED UP ON ROAD

Rule 80. (a) No trains will tie up between terminals except by permission of Superintendent.

(b) Trainmen will not be tied up between terminals except as otherwise provided for in this rule.

© Trainmen on work train or snow plow assignments of less than six days

wili not be tied up between terminals prior to the expiration of ten hours’

service. If tied up prior to ten hours, time

for ten hours’service will be allowed.

(d)Passenger trainmen tied up between terminals incase of delay due to wreck, washout or snowblockade, will be paid for the first eight hours so held in addition to time or miles made that day, provided that the allowance for the flrst day shall not be less than the mileage of their regular assignment in addition to pay for the eight hours held; and for each succeeding calendar day will be allowed not less than the mileage of their regular assignment. If not held full eight hours, time will be continuous.

Note: The assignment mileage allowed under paragraph (d) will apply against

the guarantee. It Is understood that Individual members of the crew may be

required to remain on duty at alternate

68

periods to look after the ordinary care of the train

while tied up between terminals.

(e) Freight trainmen may be tied up between terminals in case of delay due to wreck, washout or snow blockade, and they will be paid for the first eight (8) hours so held in addition to time or miles made that day; and for each succeeding calendar day will be allowed not less than 100 miles. If not held full eight (8) hours time will be continuous.

Examples Applying to Unassigned Freight Service:

(1) Run 80 miles In 3 hours

(11:00 A.M. to 2:00 P.M.) 80 miles

Tied up 2:00 P.M. to 10:00

P-M......................... 100 miles

Continued tied up until 6:00

A.M. Run to end of run (40

miles) in 4 hours, 6:00 A.M.

to 10:00 A.M................ 100 miles

Total allowance 280 miles

(2) Run 40 miles in 3 hours (7:00 A.M. to 10:00 A.M.). 40 miles Tied up

10:00 A.M. to 7:00

P.M., 9 hours 100 miles

Run to end of run (40 miles)

in 4 hours, 7:00 P.M. to

IX:00 P.M 50 miles

Total allowance 190 miles

Run 40 miles in 3 hours

(7:00 A.M. to 10:00 A.M.) . . 40 miles

Tied UP 10:00 A.M. to 6:00

P-M 100 miles

Continued tied up until 1 2: 00

midnight 2nd day (30 hours) I 00 miles

Run to end of run (40 miles)

in 4 hours, 12:00 midnight

to 4:00 A.M 100 miles

Total allowance...... 340 miles

(4) Run 40 miles in 4 hours

(6: 0 0 A.M. to IO: 0 0 A.M.) . . 50 miles

Tied up 10:00 A.M. to 6:00

P-M...................... 100 miles

Continued tied up until 2:00

A.M., third day (32 hours) . . 100 miles

59

Run to end of run (80 miles) in 3 hours, 2:00 A.M. to 5: 00

A.M................. 100 miles

Total allowance

Examples Applying to Assigned Freight Service:

(1) Length of run 126 miles.

Run 80 miles in 6 hours

(8:00 A.M. to 2:00 P.M.) ... 125 miles Tied up 2:00 P.M. to 10:00

P.M 100 miles

Continued tied up until 6:00

A.M.

Run to end of run (45 miles)

in 4 hours, 6: 00 A.M. to

10:00 A.M 125 miles

Total allowance 350 miles

(2) Length of run 100 miles.

Run 40 miles in 3 hours (7:00 A.M. to 10:00 A.M.) . . 100 miles

100 miles

Tied up 10:00 A.M. to 6:00 P.M

Continued tied up until 12: 00 midnight second day (30 hours)

Run to end of run (40 miles) in 4 hours, 12:00 midnight to 4:00 A.M

350 miles

100 miles

100 miles

Total allowance...... 400 miles

(3) Iiength of run 125 miles.

Run 80 miles in 11 hours

(4:00 A.M. to 3:00 P.M.)... 125 miles

1 Hr. O.T.

r. . .

Tie . d up 3:00 P.M. to 11:00

P.M.......................... 100 miles

Run to end of run (45 miles)

in 4 hours, 11:00 P.M. to

3:00 A.M..................... 125 miles

Total allowance...... 350 miles

Plus 1 Hr. O.T.

(4) Length of run 120 miles.

Run 40 miles In 4 hours (6:00 A.M. to 10:00 A.M.). . 120 miles Tied up

10:00 A.M. to 6:00 P.M...................... 100 miles

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Continued tied up until 2:00

A.M. third day (32 hours).. 120 miles Run to end of run (80 miles) in 3

hours, 2:00 A.M. to 5: 00 A4M................. 120 miles

5: 00 A4M................. 120 miles

Total allowance...... 460 miles

(f) When local or mixed train trainmen are compelled to tie up for rest

they will not be paid for resting time, but will be allowed full day at

their regular rates for second day required to complete the run

Note: A full day’s pay as quoted above means what the trainmen would have earned had they made the entire trip from terminal to terminal without overtime.

Local or mixed train trainmen tied up under the law for rest will be paid under this rule for completing any part of their trip.

(g) Under the laws limiting the hours on duty, crews In road service will not be tied up unless It is apparent that the trip cannot be completed within the lawful time; and not then until after the expiration of fourteen hours on duty under the federal law, or within two hours of the time limit provided by state laws if state laws govern.

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

(1) When road crews are tied up between terminals under the law, they shall again be considered on duty and under pay immediately upon the ex piration of the minimum legal period off duty ap plicable to the crew; provided the longest period of rest required by any member of the crew. either eight or ten hours, to be the period of rest for the entire crew.

(j) A continuous trip will cover movement, straight-away or turn-around, from Initial point to the destination train is making when ordered to tie up. If any change is made In the destination after the crew Is released for rest, a new trip will commence when the crew resumes duty.

(k) Road crews tied up under the law will be paid the time or mileage of

their schedule from Initial point to tie-up point. When such crew resume

Juty on a continuous trip, they will be paid

from the tie-up point to the terminal, on the followtug basis: for fifty (60) miles or less or four (4) hours or less, one half day; for more than fifty (50) miles or more than four (4) hours actual miles or hours, whichever is the greater, with a minimum of one day. It is understood that this paragraph does not permit crews to be run through terminals.

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

(m) Trainmen tied up under the law and then towed In before having their required rest, will be paid the same as though they had not been tied up, no time being deducted.

Note: This rule does not apply to regular assignmenta of six days or more in work train or snow plow service.

NCED MEN GI[VEN PREFERENCE

Rule 81. (a) In tkle employment of trainmen

experienced men shall be given preference.

G A.PPUCAT]IONS FIOR EMPLOYMENT

(b) Trainmen filing applications for employment will be notified within ninety (90) days of the acceptance or rejection of their appllcatioxt. If not notified within ninety (90) days (except men who enter service under assumed names) they will be considered accepted.

SERVI[CE LETTERS

© When service letters are filed with application of trainmen they will be returned within thirty (30) days after entering the service.

I GEABLE SENIIOR= RIGHTS

TRAIN AND YA.RD SERVICE

Rule 82. (a) The following Sections 1 to 9 inclusive, covering interchangeable seniority rights in train and yard service, are adopted in accordance with -agreement dated October 27, 1953:

SENICORITY DISTRIICTS

Section 1. Effective December 1, 1953, Interchangeable seniority rights

will be established for trainmen (brakemen) and yardmen (yard foremen and

helpers) as hereinafter provided for on each

of the seniority districts as described in paragraphs

(a) to (1). inclusive, of this Section 1.

a. Lake Superior Division, Including DuluthSuperior, Brainerd, Cloquet and Bemidji Yards.

h. St. Paul Division, East of Staples, including St. Paul-Stillwater and Minneapolis Yards.

c. St. Paul Division, Staples and West, including Staples and East Grand Forks-Grand Florks Yards.

d. Fargo Division, First District, including Dilworth-Fargo-Moorhead Yard.

e. Fargo Division, Second District, including Jamestown Yard.

f. Yellowstone Division, East of Billings, Including Mandan, Dickinson, Glendive and Forsyth Yards.

g. District known as the Old Montana Division, including Billings, Laurel,

Livingston, Butte and East Helena Yards’

h. Rocky Mountain Division, Helena and West and West from Butte, including Mii3soula and Helena Yards.

I. Idaho Division (East), including YardleySpokane Yard.

J. Idaho Division (West). Including Pasco Yard. it. Tacoma Division (Seattle District). Including Yakima, Auburn, Seattle and Everett Yards.

1. Tacoma Division (Tacoma District) , including Tacoma, Centralia, Hoquiam and Aberdeen Yards.

PRIOR RIGHTS

Section 2. (a) Trainmen holding seniority dates as brakemen In road service as of the close of the day preceding November 1, 1953, will retain prior rights in road service on their respective seniority districts according to their then existing relative seniority status. Yardmen holding seniority dates as such as of the close of the day preceding November 1, 1953, will retain prior rights in yard service in the respective yards where employed according to their then existing relative seniority status.

Seniority rosters will be prepared for each seniority district showing the

names and seniority dates of brakemen with prior rights in road service on

the respective seniority districts as of the close of the day preceding

November 1. 1953. Seniority rosters will be prepared showing the names and

seniority dates of yardmen (yard foremen and helpers) with prior rights in

yard service at the respective yards where employed as of the close of the

day preceding November 1. 1953. These rosters will be captioned, "Prior

Right Trainmen", or "Prior Right Yardment’. whichever Is appropriate, "as

per agreement dated October 27, 1953.11

Trainmen or yardmen employed prior to the close of the day preceding November 1, 1953, it suspended on account of force reduction prior to the effective date of the agreement before having worked six (6) months, or an aggregate of 180 days of service In the previous 365 consecutive days, will be permitted to retain their seniority dates as of the last date of entering service prior to November lv 1953, so that they may retain prior rights as herein provided for, notwithstanding provisions to the contrary in Rules 9 0 (b) and 11 2 (b) of existing agreements, and amendments thereto, which were effective as of August 1, 1940, but provided they return to service within ten (10) days after being notified to do so by proper authority.

Employee brakemen or yardmen) employed on and after November 1, 1953, will not be considered as having any prior rights to service, and will not be included or added to the seniority rosters showing the names of brakemen and yardmen, respectively, who are to retain prior rights as provided for herein.

(b) Trainmen with prior rights in road service shall have prior rights to promotion to conductor In accordance with the applicable schedule rules.

© Yardmen with prior rights in yard service shall have prior rights in the appointment of yardmasters, and in the performance of extra yardmasters’ work in the respective yards In which such prior rights are held, governed by the provisions of paragraph (f) of Rule 109 of the TrailL and Yardmen’s Schedule, and letter agreement relating to performance of extra yardmasters’ work. (Letter dated April 7. 1949, from Chief of Personnel, H. W. McCauley, addressed to Vice President L. C. Malone and Chairman P. K. Byers of the General Grievance Committee, Brotherhood of Railroad Trainmen.)

Not4e: The phrase "prior rights" means that trainmen or yardmen with prior rights to service on a particular seniority district or at a particular yard, shall be considered as having seniority preference over men who, although older in service, hold no prior rights on such seniority district or at such yard.

64

INTEalMAIRTR MMORMY RIGHTS

Section 3. (a)During the thirty (30) day

period, precedingthe effective date of this agree

ment, seniority rosters will be prepared, consisting of a separate roster for each of the seniority districts as described in Section 1 hereof. Each roster will designate the seniority district covered, and will be captioned, "Train and Yardmen in Service w’tb Interchangeable Seniority Rights In Train and Yard Service, effective December 1, 1953, subject to the terms and conditions of Agreement dated October 27, 1953."

Rosters of employes with interchangeable seniority rights under the terms of this agreement, shall include the names of all trainmen (brakemen) and all yardmen (yard foremen and helpers) of each seniority district In the relative order of their age In service in either train or yard service as reflected by their seniority dates as brakemen or yardmen prior to November 1, 1953. The rosters will show the rank number, name of each brakeman or yardman and seniority date in either capacity, as reflected by the rosters showing the names of each individual brakeman or yardman with prior rights.

Employes entering the service of the Railway Company in train or yard service on and after November 1, 1953 shall have their names added to the rosters covering interchangeable seniority rights In accordance with their relative dates of first entering service, but will not be permitted to assert Interchangeable seniority rights from road to yard service, or vice versa, or from one yard to another until the effective date of this agreement.

Employes entering the service on and after November 1, 1953, if suspended on account of force reduction prior to the effective date of this agreement, will be permitted to retain their seniority dates up to and Including the effective date of this agreement, at which time, if their seniority then permits, they may exercise their interchangeable seniority rights.

Note: Except as specifically provided in the foregoing paragraph of this Section 3(a), and in the third paragraph of Section 2(a) of this agreement, rules of existing agreements relating to establishing, acquiring or retaining seniority dates shall govern.

(b) Employes, commencing with the effective date of this agreement, may

assert their seniority

to road or yard service, or from one yard to another, on their seniority district, in accordance with their relative seniority standing, subject to prior rights of brakemen or yardmen as provided for in Section 2 hereof, and subject to the conditions prescribed in Section 4 hereof.

EXERCISE OF INTERCHANGEABLE

SENIORITY RIGHTS

Section 4. (a) Employes in the exercise of interchangeable seniority rights may, by written application to proper authority, transfer from road to yard service, or from yard to road service, provided that at the time actual transfer Is made, their seniority will entitle them to hold service as a regular man in the service to which transferred. An employe exercising such right, must remain in the service (road or yard service) to which transferred for a period of not less than six (6) months, except when reduced to the status of an extra man because of insulecient seniority to hold service as a regular man In the service to which transferred.

(b) Under the foregoing paragraph, an employe who transfers from yard to road service will not be prevented from exercising his seniority to the brakemen’s extra board in preference to placing himself on a regular position as brakeman during the six (6) months’ period. However, such employe, when reduced to the status of an extra man because of insuflicient seniority to hold service as a regular man in the service to which transferred, may then In the exercise of interchangeable seniority rights, transfer back to yard service If his seniority is sufficient to permit him to work as a regular yardman In the yard to which he desires to transfer.

For the purpose of application of paragraph (b) of Section 4(a), a temporary vacancy in place of a regular man laying off will be treated as a vacancy for a regular man at the end of thirty (30) days.

© Employes in yard service, or employes who transfer from road to yard service under the provisions of paragraph (a) of this section, may exercise their seniority from one yard to another on the seniority district without restriction, provided that their seniority is sufficient to permit them to mark up as regular yardmen. Application for transfer must be made in writing.

No employe who has transferred to yard service will be permitted to return

to road service until expiration of the six (6) months’ period If his sen-

10ritY entities him to a regular position service On his seniority district.

An employe reduced to the status of man in the yard to which he has

assigned may elect to remain on the extra list at a In preference to

exercising his seniority

ular yardman at another yard on his district.

An employe in yard service reduced to t of an extra man, and whose seniority will mit him to hold regular yard service on iority district, who elects to work extra service the first day following the lose o status, must except as otherwise provided on such extra list for at least seven (7) co calendar days.

(d) Except as may be mutually agre employee covered by this agreement aff

force reduction will not be furloughed u employes have exhausted their

seniority road or yard service. Such employes mu their seniority and remain

in service as Ion seniority permits them to hold service

regular or extra, on the district where t rights.

EXTRA BOARDS @ EXTRA US

Section S. (a) Separate extra boards

road service and extra lists covering yard respectively, will be maintained and regu accordance with applicable schedule rule lists covering yard service will be regulated ent with service requirements.

Note: In Instances where because of the amount of work Involved separation

of au and extra lists is not practicable, the matt be negotiated and

reasonable arrangements into for the operation of a common extra b

(b) Employes selecting yard extra lists main on same for at least seven (7)

con calendar days, except when cut off by redu force, when required to

protect their sent yardmasters, or as conductors, or when ex seniority to a

regular assignment In yard se

existivg Train and Yardmen’s Schedule concerning deadheading or payments for deadheading affecting employes in road service, or affecting employes in yard service. It Is understood and agreed that deadheadlng resulting from the exercise of interchangeable seniority rights by employes transferring from road to yard service, or from yard to road service, or from one yard to another, will not be paid for.

GENERAL

Section 7. Employes in the exercise of interchangeable seniority rights who have transferred from road to yard service will be governed by rates of pay and rules in yard service, and those who have transferred from yard to road service will be governed by rates of pay and rules in road service. It is understood and agreed that the terms of this agreement shall not of itself be construed as authorizing abandonment of yard service at any yard or In any manner modifying or amending effective applicable schedule rules with respect to separation of road and yard work.

Section 8. It Is understood and agreed that the provisions of this agreement shall not be construed as modifying, amending or changing provisions of applicable schedule rules with respect to employes eligibility for promotion to conductor and/or protecting seniority as conductor; nor as modifying, amending or changing provisions of applicable schedule rules and agreements governing appointment to yardmaster and/or protecting seniority as yardmaster. However, it is recognized that problems may arise in the administration of this agreement with respect to these matters, wherefore it is understood and agreed that in the event such problems arise, mutually satisfactory arrangements will be agreed upon.

Section 9. Nothing contained herein shall be construed as modifying or changing schedule riiles or agreements except as hereia specifically provided for.

(See letter agreements dated October 27. 1953 and November 16, 1953 appearing on pages 184 to 188).

CHOICE OF RUNS IN ROAD SERVICE

(b) Trainmen in road service will have choice of runs on their respective seniority districts to which their age in service entitles them.

es

Trainmen on regular care or runs who take temporary vacancies on preferred runs or are used as extra conductors will, when displaced, return to former runs or cars if their seniority permits.

This will not prevent trainmen from taking a regular run in another class of service or a permanent Position on another subdivision.

Trainmen in pool and unassigned service desir. Ing to change from one subdivision to another to enter pool or unassigned service will be required to displace the junior man holding a regular position In that class of service on the subdivision on which they wish to exercise their seniority.

When a brakeman Is displaced from regular service or a regular car In chain gang service, he will be notified of such displacement, and must make choice of service to which his seniority entitles him within twenty-four hours from the time of such displacement unless given permission to lay off in which event he will be governed by Rule 67 of Article III when reporting for service.

DIVISION RIGHTS

© Division rights on the Northern Pacific will prevail. The term "division rights" relates to the seniority districts as presently constituted.

PROMOTING BRAKEMEN

(d) Trainmen will be promoted on their respective divisions, seniority to govern. No trainman will be promoted unless he has had either three (3) years’ experience as freight trainman or else a total of two (2) years’ experience as freight trainman and three (3) years’ experience as passenger trainman on a steam surface railroad.

In case two or more trainmen are examined the same date, seniority In service will govern relative standing.

If, on account of sickness or other causes beyond his control, a trainman is unable to present himself for examination in regular turn, it will not affect the record date of his promotion.

Present standing of men will not be changed by this rule.

(e) Trainmen promoted to conductors will be given a certificate dated the day they pass examination, which will be their date as conductor on seniority list.

(f) Yardmen will have no rights in train service

except as otherwise provided.

(g) In case of emergency, trainmen on road

extra list may work In yard service, but will be marked up on the trainmen’s extra list after completing their day’s work.

(h) Trainmen temporarily used in yard service shall not lose their rights thereby.

(i)When it becomes necessary to increase the

force of conductors on any division, one conductor

will, when available, be hired to three brakemen

promoted. When hiring conductors under this rule, conductors in service as brakemen will be given preference. No conductor will be hired under this rule who has not had at least two years’ experience as conductor on a steam surface railroad.

(j) In making promotions, arrangements will be made to examine four men in each class, consisting of three brakemen to be promoted, then one conductor hired, if available. If conductor Is not available at the time the class is promoted, thirty days will be given to secure the conductor to be hired. If conductor to be hired cannot be secured within the thirty days, this class will be considered closed. On seniority districts where brakemen have been in the service for six years and six months or more, all conductors will be promoted.

PROMOTION AND DEMOTION OF OONDUCTORS

HI[RED OR PROMOTED

(k) Article 11 of the Cleveland Compact, reading, as follows, is adopted and is made a part of this Schedule:

On roads where schedules provide for the hiring of conductors, either from the ranks of brakemen on those lines or elsewhere, the rights of such hired conductors as conductors shall date from the time of commencing first service as such, or in relation to promoted conductors on the line, as provided for in the respective schedules. If such hired conductors are taken from the ranks of brakemen on the line, their rights as brakemen shall date from the time they entered the service as brakemen. If hired from outside the ranks of train service employes on the line, their rights as brakemen shall accrue from the same date they hold rights as conductors, but such brakemen’s rights can only be used in reduction of force when they are not entitled to a position as conductor, either regular or extra.

70

Conductors may not voluntarily relinquish their rights as Conductors and assert seniority as brake.

men, without losing their rights as conductors thereby.

Note: In extraordinary or unusual cases exceptions to the last paragraph of

section (k) may be made by agreement between the General Chairman

of the Brotherhood of Railroad Trainmen and the Management.

ELECTRIC OR MOTOR SERVICE

Rule 83. Where steam power Is supplanted by

electric or motor service the rules and rates contained herein will apply.

RIGHTS INTERCHANGEABLE,

PASSENGER AND FREIGHT

Rule 84. (a) Trainmen entering the service on and after June 1, 1915, will hold rights in both passenger and freight service. The following will govern men now in service:

Freight trainmen will be credited with one year’s seniority in passenger service for a seniority of three or more years In freight service, the same rule applying to passenger trainmen. Freight trainmen with less than three (3) years’ seniority will take June 1, 1915, as their date in passenger service, the same rule applying to passenger trainmen. Passenger trainmen will retain their former date in passenger service, and freight trainmen will retain their former date in freight service.

(b) Trainmen desiring to change from freight to passenger service shall remain in that service for at least four months; except if displaced before the expiration of four months they will not be required to remain in passenger service if by doing so a regular man would be displaced.

© Trainmen desiring regular or extra passenger work must equip themselves with standard uniform. Trainmen run around account not being so equipped, will not be paid for run around.

TRANSFER Tio OTHER DMSIONS .

Rule 85. (a) In case of shortage of train or yardmen on another division on the system, yard or trainmen may, If agreeable to all concerned, be transferred temporarily to such division where shortage exists, and shall lose no rights on original division or in original yard provided they return within six (6) months.

71

(b) Men temporarily transferred will take temporary date on division transferred to on the Interchangeable seniority rights roster from the date they perform service on division transferred to; If permanently transferred will hold seniority date from date of temporary transfer.

(e) Such men will not be paid while enroute from one point to another and

will have, the privilege of returning to original yard or division when

request is made if made prior to expiration of six (6) months as provided

for in paragraph

(a) of this rule.

(d) Conductors wili not be Transferred from one division to another when there are trainmen in service eligible for promotion.

TRANSPORTATION OF HOUSEHOLD GOODS

Rule 8 6. When trainmen are obliged to transfer from one point to another on account of change of division or on account of changing runs, free transportation will be furnished for their household goods.

SEPARAT’ION OR OONSOLEDAT]ION

OF DRMIONS

Rule 87. If any established division is divided, or any portion is added to another, or if a new division is formed therefrom, trainmen will have choice of divisions upon which they will remain, In accordance with their seniority rights, and establish themselves on runs when vacancies occur. The number of men required tD operate the territory at the time transfer is made will be transferred with the territory in each class of service.

ACQUERING NEW LINES

Rule 88. (a) When a railroad is acquired by the Northern Pacific Railroad the seniority rights of the trainmen will be confined to the division upon which they were employed except as hereinafter provided.

(b) If any portion of an acquired railroad is added to a division of the Northern Pacific Railroad, the number of men required to operate the territory at the time the railroad is taken over will be taken over with the property and they will retain the seniority rights earned on the acquired property.

(e) Trainmen taken over with acquired property will not be displaced by

Northern Pacific trainmen from runs held at the time property is taken

72

over. Northern Pacific trainmen will not be displaced by men from acquired property from runs held at the time property is taken over. If from any cause a vacancy should occur such vacancy will be filled In accordance with the seniority rule.

(d) If work which was formerly performed by Northern Pacific men is added to a run manned by trainmen of the acquired property, or vice versa, it becomes a division run and seniority rule will govern.

BULLETINED RUNS

Rule 89. (a) Division officers and representatives of the trainmen may agree to bulletin for seniority preference a portion or all assigned runs on the division. Such bulletins shall be held open for a period of six (6) days from the time bulletin Is posted, time of posting bulletin to be noted on bulletin by person posting same. Trainmen who are unavoidably prevented from signing same, will not lose their rights to the position or run builetined.

(b) When the scheduled starting or arriving time at initial or final terminal of a run is changed three (3) hours or more, or where the mileage Is Increased or decreased ten (10) miles or more daily, or changed from a seven (7) to a six (6) day assignment, or vice versa, the run will be considered open and again bulletined.

© Temporary vacancies of more than fifteen

(15) days will be bulletined. The man assigned under bulletin will hold run

until the regular man

returns or vacates the run.

(d) Temporary vacancies of six (6) days or

less at Isolated points on assigned runs will be

filled from the extra list of trainmen standing first out, who will hold such run for six (6) days or until the regular man returns provided this does not exceed six (6) days. If vacancy is over six (6) dafs It will be filled by the senior trainman applying for same, who will hola this vacancy until regular man returns or assignment is made by bulletin.

(e) Trainmen assigned to a regular position as conductor for a period of sixty (60) days or more, when returning to service as brakemen, will be allowed choice of runs in accordance with their seniority.

(f) Trainmen assigned to a position as con-

ductor for a period of less thin sixty (60) days

shall, when returning to service as brakeman, re-

turn to the assignment he has vacated, except he

will be permitted to exercise his seniority by ta any position that became vacant during the tim was filling temporary vacancy.

(g) Trainmen acceldting assignments u this rule will remain on such assignments un vacancy occurs, except that they may enter assigned service, but will not be permitted exercise their seniority on a run that has bulletined until a vacancy occurs.

(h) Any trainman who is displaced throug fault of his own, may have choice of runs in ace aiice with his seniority, but must make choice wi seven (7) days from date he was displaced.

Note.- Bulletined assignments may be continued upon thirty (30) days’ notice by ei party to this agreement.

party to this agreement.

LEAVE OF ABSENCE

Rule 90. (a) Except in case of sickness or ability and as provided for in this rule, leav absence exceeding eighteen (18) months will no granted within any two-year period.

granted within any two-year period.

SUSPENDED LIST

(b) Trainmen on suspended list account r duction in force, who have been in

service as sue six months or more, may hold their seniority ran and be

granted leave of absence provided they r turn to work when requested by

proper authorit

A trainman placed on the suspended list accou reduction in force who has been in service as suc less than six months, but who in the previous 36 consecutive days was in service an aggregate of 18 days wili, if he returns to service as trainman withi ten days after being notified to do so by prop authority, retain the seniority date which acquires by his last entrance into the service. Th term "in service an aggregate of 180 days" mea 180 days during a period of 365 consecutive da during which such an employe was not on the su pended list on account of reduction in force.

(The second paragraph of (b) amending the fir paragraph, became effective August 1, 1940.)

Note 1: Under Rule 90(b), in returning m to service, they should be returned in thle order their original employment.

Men who are returned to service and who repo for service within ten di s

fter n ti t

n d

do so, will be considered as having reported serv,ice in the order of their

original employm

Note 2: Provisions of Rule 81(b) are no any way changed by the second paragraph of 90 b) or by the provisions of Note 1.

any way c ange y secon

9 0 (b) or by theprovisions of Note 1.

INTEATION OF MARCH 80t 1921

Concerning Rule119, Article M of the Condu&ors’

Schedule, and Rule 90, Article M of the

Train and YardmeWs Schedule

A conductor is granted leave of absence at a time when he is demoted and working as brakeman. Rule 119, Article III of the Conductors’ Schedule, and Rule 90, Article III of the Train and Yardmen’s Schedule, covering leave of absence, do not correspond, and the question arises whether this conductor, by virtue of his having a date as conductor, should be governed by the rule in the Conductors’ Schedule or whether the rule in the Train and Yardmen’s Schedule should govern, as he is working as brakeman at the time leave of absence is granted.

Rule 119, Article III of the Conductors’ Schedule will govern providing men are holding positions as conductor at the time leave of absence is,granted.

Rule 90, Article III of the Train and Yardmen’s Schedule will govern If they are holding positions as brakemen at the time leave of absence is granted, regardless of whether or not they may have acquired a conductor’s date.

SERVING ON oomAdTTRES

© Trainmen serving on grievance committees shall have leave of absence upon request to serve on such committee.

ASSIGNED TO OTHER DUT]IRS

(d) In case a trainman is assigned to a positio other than in train

service, or is employed by th Order of Railway Conductors or the Brotherhoo

of Railroad Trainmen, his seniority rightii a trainman will not be impaired

by reason of suc assignment, or employment, and his rank on th Trainmen’s

list will be such as he would have gain ed bad he been continuously

employed in train ser

e

ed bad be been continuously employed in train serv-

ice.

INVESTIGATIONS

Rule 91. Trainmen charged with offenses in-

v i ous erision or discharge will be promptly

advised the nature of such offense in writing, and no trainman will be discharged, suspended, or given record suspension, without full investigation at which all parties Interested wiII be notified to be present, and at whicii any trainman under investigation may be represented by an employe of his choice, and both will be permitted to be present and offer evidence and also to hear all evidence submitted at investigation. Decision to be rendered in writing.

If the trainman is not satisfied with decision, he or his representative

will have right of appeal to

the next higher officer, continuing such appeal if desired.

If.found blameless, he will be Immediately rein-

stated and paid for time lost at his regular rates for each calendar day.

Trainmen who are entitled to rest shall not be disturbed by call for purpose of investigation until expiration of time specified for rest, except In case of absolute necessity.

When a stenographic transcript of the evidence to taken at an investigation, copy will be furnished the representative of the accused, if requested.

F’RUI[TT BERRY, F’ISHL E:TC.T SPE@S

Rule 92. The handling of silk, berry, fish, fruit, empty passenger equipment, etc., special trains run on passenger train time, either as a section of a passenger train or as a special passenger train, but not handling pasisengers, will be governed by the following:

On divisioni; where extra passenger crews are being maintained to do extra passenger work, such crews will be iised, and under rules applying to passenger service.

Except as above, freight crews will be used, under rules applying to freight service, and at through freight rates.

Extra passenger crews will not be made up for the purpose of handling individual trains of this class, and regular passenger crews will not be taken from their regular assignment to handle above mentioned specials, and an extra passenger crew be built up to take the regular assignment.

Examples:

A. The........ Division has more or less extra passenger work to do, and

makes up an extra crew

76

to do It, the members of the crew being withdrawn from freight service during the time they are assigned to do this extra passenger work.

Under this rule it Is proper to use this extra passenger crew to handle these as well as all other special or additional passenger trains.

D. The........ Division, to handle such additional passenger service as arises, uses the oldest available freight conductor for each case as it arises. If there are extra passenger brakemen available, they are used; if not, freight men are used temporarily, the members of the crew returning to freight service as soon as the particular service for which they were made up has been performed.

Under this rule It will be improper to make up a crew as outlined above to handle berry, etc., specials.

C. The volume of this business is such as to justify the expectation that it will be necessary to run these trains at leatsc four days per week for two weeks, and it is arranged to run these specials regularly in one direction, utilizing the crew In passenger business in opposite direction.

Under these conditions It Is proper to organize Passenger crews under schedule rules, and use them to perform this service under rules pertaining to passenger service, but such crew is not to be utilized to handle freight business so long as so organized.

MOTT LINE AND AN NORTH LINE

Rule 93. (a) The Mott Line and the Mandan North Line will be considered Yellowstone Divisio territory. Yellowstone Division trainmen will b assigned to the Mott Line and the Mandan North Line to do all regular work, with the exception tha two Fargo (Old Dakota) Division trainmen wil remain employed on each of the aforesaid branche and will have choice of runs on those branch line over all Yellowstone Division trainmen, the Parg Division to have full control of the men while o these branches; for all extra service (handling extr trains, ditching trains, weed burners and wor trains) Fargo (Old Dakota) Division trainmen wil be used. In the event of the Mandan North Lin being extended west of KiIldeer, requiring wor train service, Yellowstone Division trainmen ma be used on such work.

(b) In the event of one or both of these bratic lines being extended

westward and connected vit

the main line, the Fargo (Old Dakota) Division trainmen assigned to service

on that particular branch line will no longer hold this arbitrary right to

runs over Yellowstone Division trainmen, but wlil be required to transfer

and assume their sen-

iority rights in accordance with the schedule in

effect.

(a) Iii the event of a new division being formed, or a division change of any description affecting the branches included in this rule, the schedule rules and regulations In effect will govern.

(d) No rule or rules in this Schedule will

operate to nullify, abrogate or obstruct the strict application of this rule.

ARTICLE IV

YARD SERVICE

Rates of Pay

3A6

% Overtime

r Hour P

% Overtime

Rule 96. (a) PerDay PerHour PerHour

Foreman $17.35 $ 2.1 7 $ 3.25 5

Helpers 1 6.5 0 2.06 25 3.09 5

Switchtenders 14.95 1.87 2.8 0 5

Note: The rates shown include the additional four (4) cents I)er hour (32 cents per day) as provided In paragraph (d) of Article IB of BRT Agreement "A" pursuant to adoption of the fiveday work week in yard service.

PIWT SERVI[CE

(b) Pilots will receive foreman’s pay, Engine

herders will receive helper’i3 pay.

ASSIGNED TO OTHER THAN YARD WORK

© Yardmen assigned to other than their regular duties will be paid the established rate for the service performed, but in no case shall the yardmen so ass4ned be paid less than on the basis of their regular rates.

BASIC DAY

Rule 97. (a) Eight hours or less shall constitute a day’s work.

OVER

(b) Regul’ar Men: Except when changing off where it is the practice to work

alternately days and nights for certain periods, working through two

78

shifts to change off; or where exercising seniority rights from one assignment to another, all time worked in excess of 8 hours’ continuous service in a 24-hour period shall be paid for as overtime, on the minute basis, at one and one-half times the hourly rate. This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.

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

In the application of this rule, the following shallgovern:

(1) This rule applies only to service paid on an hourly or daily basis and

not to service paid on

mileage or road basis.

(2)A tour of duty In road service shall not be

used to require payment of such overtime rate 1:1

yard service. (The term "road service", as used in this paragraph (2), shall not apply to employes paid road rates, but governed by yard rules.)

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

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

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

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

Note 1: On railroads where a seniority board in effect in cases where ttiere is a man or men such board available for work at the pro rata ra a senior man who exercises his seniority to work t shifts, the second of which would otherwise. un the provisions of this rule, be paid at the ov time rate, shall be paid at the pro rata rate.

Note 2: The adoption of this rule shall affect any existing rule in the schedule of any dividual carrier relating to service performed o succeeding trick when an employe’s relief fails report at the fixed starting time.

report at the fixed starting time.

Rule 98. Adopted from Article 3, Agreement "A" of May 25, 1951:

1. (a) Beginning on the date this Agreement becomes effective on any carrier, such carrier will establish, for all classes or crafts of yard service employes covered by this Article 3, subject to the exceptions contained therein, a work week of forty hours, consisting of five consecutive 14tyiB of eight hours each, with two days off in each seven, except as hereinafter provided. The foregoing work week rule is subject to all other provisions of this Article 3.

(b) Due to the necessity of changing existing assignments to conform to the

reduced work week provided for in Section 1, the Carriers will, prior to

the effecti-.e date. post noticei3 or bulletins as required by schedule,

bulletin rules or practices in

eff sct.

(1) Railroads or portions thereof on which yard assignments are bulletined:

Listing the days off of regular assignments and advertising regular relief assignments.

(2) On properties or portions thereof operating under the strict seniority or mark-up plan yard service employes shall select and be assigned "days off" periods as provided for below:

(a) Listing regular assignments according to

service requirements.

(b) After all known assignments for yard

service employes have been posted, all yard service employes will be

required to make seven choices of their preferred "days off" period and the

local chairman and local officers will co

opemte in assigning the employee their *’days off" period in accordance with their seniority. After "days off" have been aasigned yard service employes will exercise seniority on the days iot their work week In accordance with rules or practices in effect on individual properties or yards.

© After the "days off" periods have been assigned as referred to in Section l(b) (2) (b) days off periods assigned to Individual employes shall remain unchanged except when a vacancy occurs in a "days off" period, a new assignment ia created, or when affected by a force reduction. Employes exercising seniority to other "days oE" periods will be governed by the provisions of Section 11(b).

(d) Extra men will be handled in accordance

with Section 6.

(3) The changes as enumerated above shall

begin on the effective date of this Article 3, and employes may exercise seniority rights to select the assignment, or days off of their choice.

(4) After assignments as referred to in Section 1 (b) (1) and Section 1 (b) (2) (a) have been made changes thereafter shall be made in accordance with schedule, bulletin rules or practices in effect.

Section 2. The term "work week" for regularly assigned employee shall mean a week beginning on the first day on which the assignment is bulletined to work, and for extra or unassigned employes shall mean a period of seven consecutive days starting with Monday.

Section 3. (a) When service is required by a carrier on days off of regular

assignments it may be performed by other regular assignments, by reguIELr

relief assignments, by a combination of regular and regular relief

assignments, or by extra employes when not protected in the foregoing

manner. (This does not disturb rules or practices on roads involving the

use of emergency men or unassigned employes.) Where regular relief

assignments are established, they sbl&ll, except as otherwise provided in

this agreement, have five consecutive days of work, designated days of

service, and definite starting times on each shift within the time periods

specified in the starting time rules. They may on different days, however,

have different starting times within the periods specified in the starting

time rules, and have different points for going on

$I

and off duty within the same seniority district which shall be the aame as those of the employs or em. ployes they are relieving, except that In a seniority district having more than one extra board, such relief assignments as are established will be manned from the territory allotted to a particular extra board.

(b) Where regular relief assignments cannot be established for five consecutive days on the same shift within the time periods specified in the startIng time rules, as provided for in Section 3 (a), such assignments may be established for five consecutive days with different starting times on different shifts on different days, within the time periods specified in the starting time rules, and on different days may have different points for going on and off duty In the same seniority district which shall be the same as those of the employe or employes they are relieving, except that In a seniority district having more than one extra board, such relief assignments as are established will be manned from the territory allotted to a particular extra board.

(e) After the starting times and days of service

have been established, changes therein may be made

only in accordance with schedule or bulletin rules.

(d) Rules providing for assignments of crews

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

(e) Regular relief assignments for yard crews will be established for the

crew as a unit, except in yards operating under strict seniority or mark-up

rules. However, If an operational problem exists or arises which makes It

impracticable to relieve regular or regular relief crews as a unit. or If

either of the parties on a property desires, the designated days off need

not be the same for individual members of a crew,

Representatives of the carrier and of the employes will cooperate in designating days off of Individual members of a crew.

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

(f) Except as otherwise provided for in this

relle

lished in conformity with rules in agreements or practices in effect on individual properties governIng starting times and bulletining of assignments, and when so established may be changed thereafter only in accordance with schedule and bulletin rules.

Section 4. At points where it is not practicable to grant two consecutive days off in a work week to regularly assigned or regular relief employes, agreements may be made on the individual properties to provide for the accumulation of days off over a period not to exceed five consecutive weeks.

lf the carrier contends it is not practicable to grant two consecutive days off to a regularly assigned or regular relief employe and that it is necessary to establish non-consecutive days off, representatives of the carrier and representatives of the employes will confer and endeavor to agree upon accumulation of days off or the establishment of non-consecutive days off. If such representatives fail to agree, the carrier may nevertheless establish non-consecutive days off, subject to the right of the employes to process the dispute as a grievance or claim under the rules agreements, and in such proceedings the burden will be on the carrier to prove that It was not practicable to grant two consecutive days off.

Section 5. On properties where men hold seniority In both road and yard service and work from common extra boards protecting both classes of service, such extra boards will be separated except as otherwise provided in the Note following this Section 5. On these properties separate extra boards covering road and yard service respectively will be established and regulated in accordance with applicable rules on the individual properties consistent with service requirements. Employes on common extra boards which are separated will exercise their choice to work on either the road or yard board in accordance with their seniority rights.

Employes selecting yard extra boards will remain on same for at least seven calendar days, except when cut off by reduction in force, when required to protect their seniority as yardmasters, or when they bid in a regular assignment in yard service as hereinafter provided.

Regular or extra yard service employes bidding Into road service, regular

or extra, wtil not be permitted to work in road service other than as

provided in the following paragraphs until the expir-

as

ation of their work week in yard service. Employee on the yard extra board bidding in regular or regular relief assignments in yard service or employee on strict seniority or mark-up boards exercising seniority to different "days off" periods will be governed by the provisions of Section 11 of this Article 3.

Employes selecting yard service under this Section 5 will be considered as not available for road service during any work week except as provided herein. Where one of the boards becomes exhausted, employes on the other board may be used for work ordinarily falling to men off the exhausted extra board and will be considered as still attached to the board of their selection. Such employes will be compensated for each tour of service on the basis of payments as provided for by rules in effect on the various properties covering service performed from common extra boards.

Rules relating to the exercise of seniority will be relaxed to the extent necessary to comply with this Section 5.

Note: In instances where because of the limited amount of work Involved separation of such boards is not practicable, the matter shall be negotiated between representatives of employes and representatives of management on individual properties and reasonable arrangements entered into looking to the maintenance of common boards.

Section 6. Extra or unassigned employes may work any five days in a work week and their days off need not be consecutive.

Section 7. (a) In event a regular or regular relief job or assignment is annulled for one day or more, the yard service employe or employes holdIng the Job or assignment may exercise their seniority in accordance with rules in effect on the property.

(b) Any yard service employe or employes who because of their seniority standing, or for other reasons, are unable to place themselves on a regular Job or assignment on the day or days their job or assignment is annulled, will revert to the extra board and be placed thereon, in addition to the men then on the extra board, in accordance with rules in effect on the property.

© In event a regular or regular relief job or assignment is annulled for

one day or more and any or all of the displaced yard service employes

at

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

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

(2) Overtime rules relating to extra yardmen as provided for in Section 8(2) of agreemelt have been incorporated in paragraph © of Rule 97.

(3) Employes worked more than five straight

time eight-hour shifts in yard service in a work

week shall be paid one and one-half times the basic straight time rate for such excess work except:

(a) Where days off are being accumulated under Section 4 of this Article 3;

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

© When working through two shifts to

change off;

(d) Where exercising seniority rights from

one assignment to another;

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

83

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

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

(5) Any tour of duty in road service shall not be considered in any way in

connection with the

application of the provisions.of this Article 3, nor

shall service under two agreements be combined in

any. manner inthe application of this Article 3.

Section 9. This section of Article 3, Agreement

"A", has been cancelled.

Section 10. Existing weekly or monthly guarantees producing more than five days per week sball be modified to provide for a guarantee of five days per week. Nothing in this Article 3 shall be construed to create a guarantee wbere none now exists.

Section 11. (a) All regular or regular relief assignments for yard service employes shall be for five (5) consecutive calendar days per week of not less than eight (8) consecutive hours per day, except as otherwise provided in this Article 3.

(b) An employe on a regular or regular relief assignment in yard service

who takes another regular or regular relief assignment in yard service, or

86

selects another ‘days off" period on a strict seniority or mark-up board in

yard service, will be permitted to go on the assignment or "days Off"

period of his choice, and will take the conditions of that assignment or

"days off" period, but will not be permitted to work more than five (5)

straight time eight-hour shifts, as referred to in paragraph (d) of this

Section, in the work week of the assignment or "days off" period which he

had at the time he made his choice; provided, however, that if the

foregoing would not permit such employe to work one or more days of the

assignment of his choice, and if there is no extra man available who could

be used to perform the work on those days, he may

be used to work those days at the straight time rate.

© An employe on a yard extra board who

takes a regular or regular relief assignment in yard

service will be permitted to go on the assignment of his choice and will take the conditions of that assignment.

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

(d) Except as provided in paragraphs (b) and

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

Section 12. (a) Where reference is made in this Article 3 to the term "yard service" it shall be understood to have reference to service performed by employes governed by yard rules and yard conditions.

(b) Section 3 (e) and Section 5 of this Article 3 shall not apply to:

Car Retarder Operators

Hump Motor Car Operators (Chauffeurs)

l,evermen

Switchtenders (sometimes classified as Switchmen)

97

© Noiie of the provisions ot this Article 3 relating to starting time shall be applicable to any classification of employes included within the scope of this Article 3 which is not now subject to startIng time rules.

Section 13. Existing rules and practices, including those relating to the establishment of regular assignments, the establishment and regulation of extra boards, the operation of working lists or "mark-up-boards". etc., shall be changed or eliminated to conform to the provisions of this Article 3 in order to implement the operation of the reduced work week on a straight time basis.

Section 14. The parties hereto having in mind conditions which exist or may arise on individual carriers in the application of the five-day work week agree that the duly authorized representative (General Chairman) of the employes, party to this agreement, and the officer designated by the carrier, may enter into additional written understandings to Implement the purposes of this Article 3, provided that such understandings shall not be inconsistent with this Article 3.

ASSIGN@NIENTS

Rule 99. Yardmen shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew. So far as it is practicable assignments shall be restricted to eight hours work.

STARTING TLME

Rule 100. (a) Regularly assigned yard crews shaii 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 as to handling of transfer crews are not affected by this section.

(b) Where three eight-hour shifts are worked In continuous service, the time for the first shift to begin work will be between 6:30 A.M. and 8 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 10:30 P.M.

$a

(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 to reg-

ularly 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.

Note: Any engine worked more than three consecutive days will be governed by paragraph (e) of this rule.

(h)Exceptions to starting time may be agreed

upon by the Superintendent and Local Committee,

to cover local service requirements, subject to the

approval of the General Manager and the General Chairman.

Trains handling employes and assignments to work train service may be started during any of the periods provided in Sections (b) or (d), and may be started without penalty as early as 6: 30 A.M.

INTERPRETATION OF SEPTEMBER 19 1920

CONCERNING RULE 100, ARTICLE ]IV

Question: A yard crew on the third shift starts work at 12 midnight January

first. Should this crew be considered as having worked on that date or as

having worked on January second, the following

date?

Answer: This crew should be considered as having worked on January first and the time credited to that date.

CALCLMATING ASSIGNMENTS AND

M]EAL PERIODS

Rule 101. 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.

POINT FIOR BEGINNING AND ENDING DAY

Rule 102. (a) Yard crews shall have a designated point for going on duty,

and a designated point for going off duty. Pay of yardmen shall continue

until they reach point at which they start

work.

89

(b)Yardmen reporting for duty after being

called and not performing service will be paid one

day.

LUNCH TIME

day. LUNCH TIME

Rule 103. (a)Yard crews and switchtenders

will be allowed 20 minutes for lunch between 4%

and 6 hours after starting work without deduction in pay.

(b) Yard crews and switchtenders 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.

(c) Switchtenders will be held responsible for their regular duties during lunch period.

Note: The lunch period must be given and completed within 4’h and 6 hours after starting work.

,M][NLMU.M CREW

Rule 104. Yard crews shall consist of a fore-

man and not less than two helpers, and yardmen

will not be required to work with less than a full

crew as specified in this rule.

REST PERIOD

Rule 105. Regular yardmen required to work

sixteen hours will resume work when their rest

period is up under the federal law, and then be

permitted to work eight hours or paid therefor.

BULLETIN REGULAR AND EXTRA MEN

Rule 106. (a) A bulletin shall be kept in each yard officme, upon which assigned crews and extra men shall be registered.

CREW ASSIGN31ENT

(b) A crew board shall be kept in each yardmaster’s office, and at 1:00 P.M. each day crews will be marked up for the succeeding 24 hours and yardmen who are on a leave of absence will, when resuming service, report in advance of the time set for marking up crews.

Extra men shall not be required to report except at 1:00 P.M. and if for any reason a vacancy occurs thereafter they shall be called.

Note: Extra men will understand that they are subject to call at any time, unless laying off.

90

SWITCMNG LIMIT ZONES

Rule 107. (a) Switching limit zones will established including all yards In

Bwitching op ation at -

Head of the Lakes, Twin Cities,

Dilworth, Moorhead and Fargo. Marked by switching limit boards:

Duluth, Superior, Central Avenue and Superi East End, one zone.

St. Paul, Minneapolis and Northtown, one zone.

Dilworth, Moorhead and Fargo, one zone.

@7here switching limits are not defiued, ya limits will govern the working zone of yardm and yardmen will do all yard, work train and tra ter work within ard or switchin limits exce t:

t

ter work within yard or switching limits, except:

TRANSFERS LAKE SUPERIOR DIVISION

(b) Lake Superior Division roadmen will hand two transfer runs between Duluth, Superior, Ce tml Aveiiue, Hill Avenue and East End.

I

tml Aveiiue, Hill Avenue and East End.

TRANSFERS ST. PAUL DIVISION

(e) St. Paul Division roadmen will handle two transfer runs between St. Paul, Minneapolis and Northtown. (Yardmen will continue to handle trans fer known as No. 55 run.) St. Paul Division road men may be permitted to handle stock and perish able freight destined to St. Paul and stock yards.

Crews handling stock trains through to St. Paul or stock yards, may be required to handle empt stock cars returning from stock yards or St. Pau to Northtown.

The White Bear transfer runs will be bandled by road crews.

TRANSFERS LAUREL AND BILLINGS.

EAST IffELENA YARD CREW

(d) The transfer work between Laurel an Billings will be handled by roadmen. The yar work at East Helena will be handled by yardme and no penalty time will be allowed road or yard mean on account of yardmen going to East Helen to do switching at that point.

WORK TRAIN WORK

(e) Road men shall have the right to man wor trains that are operated

partly within switching o

ed p

yard limits, and partly on the road adjacent to such yard or switching limits; except where there is a sufficient amount of work inside of yard or switching limits to warrant assigning a crew to that service, a yard crew will be used.

SWITCHING SERVICE AT

INTERMEDIATE POINTS

(f) When it becomes necessary to assign a crew to exclusive switching service at an intermediate point, a road crew will be assigned; in such cases road rates and rules will apply, but in no case will the rate paid be less than yard rates.

Note: This will not operate to displace yardmen now holding such positions.

SNOW TRAINS

(g) Yardmen shall have the right to man all

snow trains operating In yard limits.

SWITCMNG SERVICE FIOR NEW INDUSTRIES

AND CHANGING SWI[TCHING @UTS @

Rule 107-1. Adopted from Article 10 of May 25, 1951 Agreements:

(a) The employes involved, and the carriers represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, being desirous of cooperating in order to meet conditions on the various properties to the end that efficient and adequate switching service may be provided and industrial development facilitated, adopt the following:

(b) Except as provided in paragraph (e) hereof,

where an individual carrier not now having the

right to change existing switching limits where

yard crews are employed, considers it advisable to change the same, It shall give notice In writing to the General Chairman or General Chairmen of such Intention, whereupon the carrier and the General Chairman or General Chairmen shall, withIn 30 days, endeavor to negotiate an understanding.

In the event the carrier and the General Chairman or General Chairmen cannot so agree on the matter, any party involved may invoke the services of the National Mediation Board.

It mediation fails, the parties agree that the dispute shall be submitted

to arbitration under the Railway Labor Act, as amended. The jurisdiction of

the Arbitration Board shall be limited to the

questions submitted to It. The award of the Board shall be final and binding upon the parties.

© Where, after the effective date of this agreement, an industry desires to locate outside of eating switching limits at points where yard crews are employed, the carrier may assure switching service at such location and may perform such service with yard crews from a yard or yards embraced within one and the same switching limits without additional compensation or penalties therefor to yard or road crews, provided the switch governing movement from the main track to the track or tracks serving such industry is located at a point not to exceed four miles from the then existing switching limits. Road crews may perform service at such industry only to the extent they could do so if such industry were within switching limits. Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with paragraph (b) hereof.

The yard conductor (foreman) or yard conductors (foremen) involved shall keep account of and report to the carrier daily on form provided the actual time consumed by the yard crew or crews outside of the switching limits in serving the industry in accordance with this paragraph © and a statement of such time shall be furnished the General Chairman or General Chairmen representing yard and road crews by the carrier each month. Unless some other plan for equalization of time is agreed to by the General Chairman or General Chairmen representing yard and road crews, the carrier shall periodically offer to road employes the opportunity to work in yard service, under yard rules and conditions, on assignments as may be mutually agreed upon by the local representatives of the employes involved, for a period of time sufficient to off set the time so consumed by yard crews outside the switching limits. In the event such local representatives fail to agree, the carrier will designate such assignments but shall not be subject to penalty claims because of doing so. Such equalization of time shall be apportioned among employes holding seniority as road conductors or road brakemen in the same ratio as the accumulated hours of yard conductors (foremen) and yard brakemen (helpers).

(d) This agreement shall in no way affect the changing of yard or switching limits at points where no yard crews are employed.

(This rule (a) through (d) became effective August 1. 1951.)

USE OF LOOI)MOTIVE CRANES AND OTHER SELF-PROPELLED MACMNES IN YARDS

(Adopted from Agreement Effective

February 5, 1926)

Rule 108. (1) The use of locomotive cranes or other self-propelled machines for switching cars In yards, using employes other than yardmen to perform such work, is prohibited except as hereinafter stated.

(2) When cars to be loaded or unloaded by these machines are located in yards other than shop, store or material yards, yard crews will assemble and place them on designated tracks.

(3) Except as provided In paragraph 4, when locomotive cranes or other self-propelled machines are used to load or unload cars and in so doing itIs necessary to make more than one switch during the day’s work, a yard

foreman will be assignedunless such switching moves are made by yard crews.

(4) The use of locomotive cranes or other selfpropelled machines, operated by employes other than yardmen, in South Tacoma, Livingston, Como and Brainerd shop, store, or material yards, will be restricted to the switching of and the switching out of cars which they load or unload including the weighing of such cars where scales are located in shop, store or material yards.

LETTER OF INTRIPRETAIION OCTOBER 1952

Note: In the application of the agreement effective February 5, 1926, covering "Use of Locomotive Cranes and other Self-propelled Machines in Yards", commonly referred to as the Locomotive Crane Agreement, the following interpretation will govern:

(1) A boom or Idler car and/or a tender, attached or coupled to a locomotive crane or other self-propelled machine, will be accounted as part of the machine; but, if uncoupled and switched separately, will be accounted as a separate car.

(2) The term "one switch", as used in Section 3. means the switching of a car (or two or more

cars coupled together and switched as one unit) from a track on which It was placed by a yard crew in accordance with the provisions of Section 2, including the movement from and return to the track from which the car Is switched, or vice versa.

(3) A locomotive crane or other self-propelled machine may be moved light (without cars) from the track upon which it has been stored or tied up, or upon which it has been placed by a yard pilot or yard crew, to another track upon which it is to be used, and/or from the track upon which It has been used to the track upon which it is to be stored or tied up, provided that employes other than yardmen are not required to throw, or line, more than one switch for the movement of such machine In each direction during the course of each day’s work; and provided further that, when such a machine in making a movement as outlined above Is required to move in the opposite direction to enter or leave a track as described above, and there is not sufficient distance to permit the movement between the switch to be used and the next adjoining switch, which may not be properly lined, such adjoining switch may be thrown or lined by employes other than yardmen to permit the movement to be made.

Nothing contained in these interpretations shall be construed as limlting or in any manner changing the undisputed interpretation of the provisions of Section 4 of the said Locomotive Crane Agreement and recognized practice which permits the movement of locomotive cranes and other self-propelled machines for purposes other than the switching of and the switching out of cars from or to any track or tracks within the South Tacoma, Livingston, Como and Brainerd shop, store or material yards by employes other than yardmen who man such machines.

SENIORITY RIGHTS OF YARDM:EN

Rule 109. (a) Seniority rights of yardmen will date from the day they first performed service in the yard where employed.

(b) The right to preference of work and pro-

motionwill be governed by seniority In service.

© Except as otherwise provided, trainmen will

have no rights in yard service. When It becomes necessary to use roadmen in yard service, the practice will not operate to prevent yardmen from exercising their seniority on preferred assignments.

(d) In case of emergency, extra yardmen may work in train service, but will be marked up on the ylrdmen’s extra list upon their return to home terminal.

(e) Yardmen temporarily used in train service will not lose their rights thereby.

(f) In the appointment of yardmasters and assistant yardmasters, the oldest qualified yardman shall be considered.

(g)Assigned yardmen will not be permitted to exercise their seniority to enable them to work more than one shift in a calendar: day period when other yardmen are available.

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

INTERCHANGEABLE SENIORITY RIGHTS

TRAIN AND YARD SERVICE

(I) The following Sections 1 to 9, inclusive, covering interchangeable seniority rights in train and yard service, are adopted in accordance with agreement dated October 27, 1953:

SENIORITY DISTRICTS

Section 1. Effective December 1, 1953, interchangeable seniority rights will be established for trainmen (brakemen) and yardmen (yard foremen and helpers) as hereinafter provided for on each of the seniority districts as described in paragraphs

(a) to (1), Inclusive, of this Section 1.

a. Lake Superior Division, Including DuluthSuperior, Brainerd, Cloquet and Bemidji Yards.

b. St. Paul Division, East of Staples, Including St. Paul-StilIwater and Minneapolis Yards.

c. St. Paul Division, Staples and West, includIng Staples and East Grand Forks-Grand Forks Yards.

d. Fargo Division, First District, including Dilworth-Pargo-Moorhead Yard.

e. Fargo Division, Second District, including Jamestown Yard.

f. Yellowstone Division, East of’ Billings, including Mandan, Dickinson, Glendive and Forsyth Yards.

g. District known as the Old Montana Division, Including Billings, Laurel, Livingston, Butte and East Helena Yards.

h. Rocky Mountain Division, Helena and West and West from Butte, including Missoula and Helena Yards.

1. Idaho Division (Eastj, including YardleySpokane Yard.

J. Idaho Division (West). including Pasco Yard.

k. Tacoma Division (Seattle District), including

Yakima, Auburn, Seattle and Everett Yards.

1. Tacoma Division (Tacoma District), including Tacoma, Centralia, Hoquiam and Lberdeen Yards.

PRIOR RIGHTS

Section 2. (a) Trainmen holding seniority dates as brakemen in road service as of the close of the day preceding November 1, 1953, will retain prior rights in road service on their respective seniority districts according to their then existing retive seniority status. Yardmen holding seniority dates as such as of the close of the day preceding November 1, 1953, will retain prior rights in yard service In the respective yards where employed aecording to their then existing relative seniority status.

Seniority rosters will be prepared for each seniority district showing the names and seniority dates of brakemen with prior rights in road service on the respective seniority districts as of the close of the day preceding

November 1. 1953. Seniority rosters will be prepared showing the names and seniority dates of yardmen (yard foremen and helpers) with prior rights in yard service at the respective yards where employed as of the close of the day preceding November 1. 1953. These rosters will be captioned, "Prior Right Trainmen". or "Prior Right Yardmen". whichever is appropriate, "as per agreement dated October 27, 1953.lo Trainmen or yardmen employed prior to the close of the day preceding November 1. 1953, If suspended on account of force reduction prior to the effective date of the agreement before having worked six (6) months, or an aggregate of 180 days of service in the previous 365 consecutive.days, will be permitted to retain their seniority dates as of the last date of entering service prior to November is 1953, so that they may retain prior rights as herein provided for, notwithstanding provisions to the contrary in Rules 90(b) and 112(b) of existIng agreements, and amendments thereto, which were effective as of August 1, 1940, but provided they return to service within ten (10) days after being notified to do so by proper authority. Employes (brakemen or yardmen) employed on and after November 1, 1953, will not be considered as having any prior righth to servtce, and will not be included or added to the seniority rosters showIng the names of brakemen and yardmen, respectively, who are to retain prior rights as provided for herein.

(b) Trainmen with prior rights in road service shall have prior rights to promotion to conductor in accordance with the applicable schedule rules.

(e) Yardmen with prior rights In yard service shall have prior rights in the appointment of yardraasters, and in the performance of extra yardmasters’ work In the respective yards In which such prior rtghts are held, governed by the provisions of paragraph (f) of Rule 109 of the Train and Yardmen’s Schedule, and letter agreement relating to performance of extra yardmasters’ work. (Letter dated April 7. 1949, from Chief of Personnel H. W. McCauley, addressed to Vice President L. C. Malone and Chairman P. K. Byers of the General-Grievance Committee, Brotherhood of Railroad Trainmen.)

Note: The phrase "prior rights" means that trainmen or yardmen with prior rights to service on a particular seniority district or at a particular yard, shall be considered as having seniority preference over men who, although older in service, hold no prior rights on such seniority district or at such yard.

INTERCHANGEABLE SENIORITY RIGHTS

Section 3. (a) During the thirty (30) day period, preceding the effective date of this agreement, seniority rosters wili be prepared, consisting of a separate roster for each of the seniority districts as described in Section I hereof. Each roster will designate the seniority district covered, and will be captioned, "Train and Yardmen in Service with Interchangeable Seniority Rights in Train and Yard Service, effective December 1, 1963, subject to the terms and conditions of Agreement dated October 27, 1963."

Rosters of employes with interchangeable seniority rights under the terms of this agreement, shall include the names of all trainmen (brakemen) and all yardmen (yard foremen and helpers) of each seniority district in the

relative order of their age in service in either train or yard service as r@ flected by their seniority dates as brakemen or yardmen prior to November 1. 1953. The rosters will show the rauk number, name of each brakeman or yardman and seniority date in either capacity, as reflected by the rosters showing the names of each individual brakeman or yardman with prior rights. Employes entering the service of the Railway Company in train or yard service on and after November 1, 1953 shall have their names added to the rosters covering interchangeable seniority rights in accordance with their relative dates of first entering service, but will not be permitted to assert interchangeable seniority rights from road to yard service, or vice versa, or from one yard to anothe until the effective date of this agreement. Employes entering the service on and afte November 1, 1953, it suspended on account o force reduction prior to the effective date of thi agreement, will be permitted to retain their sen tority dates up to and including the effective dat of this agreement, at which time, it their seniori then permits, they may exercise their lnterchang able seniority rights.

Note: Except as specifically provided in the for going paragraph of this Section 3 (a) 6 and in th third paragraph of Section 2 (a) of this agreement rules of existing agreements relating to establishing acquiring

or retaining seniority dates shall govern

(b)Employes, commencing with the effective date of this agreement, may assert their seniorfty to road or yard service, or from one yard to another on their seniority district, in accordance with the relative seniority standing, subject to prior right of brakemen or yardmen as provided for in Sectio 2 hereof, and subject to the conditions prescribed i Section 4 hereof.

EXERCISE OIF INTERCHANGEABLE

SENIORITY RIGHTS

Section 4. (a) Employes in the exercise of in terchangeable seniority

rights may, by written placation to proper authority, transfer from road t

yard service, or from yard to road service, provide that at the time actual

transfer is made, their sen iority will entitle them to hold service as a

regula man in the service to which transferred. Au em ploye exercising such

right, must remain in th service road or yard service) to which tmusferre

tar a period of not lose than six (6) months, except when reduced to the status of an extra man because of insufficient seniority to hold service as a regular rnan in the service to which transferred.

(b) Under the foregoing paragraph, an employe who transfers from yard to road service will not be prevented from exercising his seniority to the brakemen’s extra board in preference to placing himself on a regular position as brakeman during the @ (6) months’ period. However, such employe, when reduced to the status of an extra man because of insufficient seniority to hold service as a regular man in the service to which transferred, may then In the exercise of interchangeable seniority rights, transfer back to yard service if his seniority is sumcient to permit him to work as a regular yardman In the yard to which he desires to transfer.

For the purpose of application of paragraph (b) of Section 4 (a), a temporary vacancy in place of a regular man laying off will be treated as a vacancy for a regular man at the end of thirty (30) days.

(e) Employes in yard service, or employes who transfer from road to yard service under the provisions of paragraph (a) of this section, may exercise their seniority from one yard to another on the seniority district without restriction, provided that their seniority is sufficient to permit them to mark up as regular yardmen. Application for transfer must be made in writing.

No employe who has transferred to yard service will be permitted to return

to road service until expiration of the six (6) months’ period if his

seniority entitles him to a regular position in yard service on his

seniority distriel

An employe reduced to the status of an extra man In the yard to which he has assigned himself, may elect to remain on the extra list at such yard in preference to exercising his seniority as a regular yardman at another yard on his seniority district.

An employe in yard service reduced to the status of an extra man, and whose seniority will not permit him to hold regular yard service on his seniority district, who elects to work extra in yard service the first day following the loss of regular status, must except as otherwise provided, remain on such extra list for at least seven (7) consecutive calendar days.

(d) Except as may be mutually agreed upon, employes covered by this

agreement affected by

100

force reduction will not be furloughed until such employes have exhausted their seniority in both road or yard service. Such employes must assert their seniority and remain In service as long as their seniority permits them to hold service, either regular or extra, on the district where they hold rights.

EXTRA BOARDS - EXTRA L]ISTS

Section 5. (a) Separate extra boards covering road service and extra lists covering yard service, respectively, will be maintained and regulated in accordance with applicable schedule rules. Extra lists covering yard service will be regulated consistent with service requirements.

Note: In Instances where because of the limited amount of work Involved separation of such boards and extra lists is not practicable, the matter shall be negotiated and reasonable arrangements entered Into for the operation of a common extra board.

(b) Employes selecting yard extra lists will remain on same for at least seven (7) consecutive calendar days, except when cut off by reduction in force, when required to protect their seniority as yardmasters, or as conductors, or when exercising seniority to a regular assignment In yard service.

DEADHEADIING

Section 6.It is understood and agreed that the

terms of this agreement shall not be construed as

changing any of the provisions contained In the existing Train and Yardmen’s Schedule concerning deadheading or payments for deadheading affecting employes In road service, or affecting employes in yard service. It to understood and agreed that deadheading resulting from the exercise of Interchangeable seniority rights by employes transferring from road to yard service, or from yard to road service, or from one yard to another, will not be paid for.

GENERAL

Section 7. Employes in the exercise of Inter. changeable seniority rights

who have transferred from road to yard service will be governed by rates of

pay and rules in yard service, and those who have transferred from yard to

road service will be governed by rates of pay and rules in road service. It

is understood and agreed that the terms of this agreement shall not of

Itself be construed as authorizing abandonment of yard service at any

101

yard or in any manner modifying or amending effective applicable schedule rules with respect to separation of road and yard work.

Section 8. It Is understood and agreed that the provisions of this agreement shall not be construed as modifying, amending or changing provisions of applicable schedule rules with respect to employes eligibility for promotion to conductor and/or protecting seniority as conductor; nor as modifying, amending or changing provisions of applicable schedule rules and agreements governing appointment to yardmaster and/or protecting seniority as yardmaster. However, it is recognized that problems may arise in the administration of this agreement with respect to these matters, wherefore it is understood and agreed that in the event such problems arise, mutually satisfactory arrangements will be agreed upon.

Section 9. Nothing contained herein shall be construed as modifying or changing schedule rules or agreements except as herein specifically provided for.

Note: Provisions of Rule 109 (a) to (h), inclusive, are to be construed as subject to the provisions of paragraph (I) of Rule 109 establishing Interchangeable seniority rights for train and yardmen, and also subject to letter agreements dated October 27, 1953 and November 16, 1953 appearing on pages 184 to 188.

SENIORITY RIGHTS OF SWITCHTENDERS

Rule 110. (a) Seniority rights of switchtenders will date from the day they first performed service in yard or terminal where employed.

(b) The right to preference of work will be governed by seniority in service.

©In filling temporary vacancies of switch-

tenders and no extra switchtenders available, the

senior available extra yardmen will be given

preference.

(d) In filling vacancies in positions of switchtenders, preference shall be given to train and yardmen disabled in the service of the company, when-; ever injuries are not such as to unfit them for such duties. Disabled train and yardmen desiring to be considered In line for such positions may file applications with the proper officer of the company upon the division where the injury was received.

102

POSTING SENIORITY ROST’ER

Rule 111. A correct seniority list of yardmen and switchtenders shall be furnished local chairmen every six months, as of January first and July first of each year, and copies will be furnished to be posted in convenient places in yard offices to which yardmen shall have access at all times.

LEAVE OF ABSENCE

Rule 112. (a) Except in case of sickness or

disability and as provided for in this rule, leave of

absence exceeding eighteen (18) months will not

be granted within any two-year period.

SUSPENDED LIST

(b) Yardmen or switchtenders on suspended list account reduction in force, who have been in service as such six (6) months or more, may hold their seniority rank and be granted leave of absence provided they return to work when requested by proper authority.

A yardman or switchtender placed on the suspended list account reduction in force who has been in service as a yardman or switchtender, respectively, less than six months, but who in the previous 365 consecutive days was in service an aggregate of 180 days as yardman or switchtender, respectively, will, if he returns to service as yardman or switchtender, respectively, within ten days after being notified to do so by proper authority, retain the seniority date which he acquires by his last entrance into service. The term "in service an aggregate of 180 days" means 180 days during a period of 365 consecutive days during which such an employe was not on the suspended list as yardman or switchtender, respectively, on account of reduction in force. (The second paragraph of (b) amending first paragraph, became effective August 1, 1940.)

Note 1: Under Rule 112(b), in returning men to service, they should be returned in the order of their original employment.

Men who are returned to service and who report for service within ten days after being notified to do so, will be considered as having reported for service in the order of their original employment.

Note 2: Provisions of Rule 123 are not in any way changed by the second paragraph of Rule 112(b), nor by the provisions of Note 1.

103

SERVING ON OOMM]ITTEES

© Yardmen or switchtenders serving on griev-

ance committees shall have leave ot absence upon

request to serve on such committee.

ASSIGNED TO OTHER DUTI[ES

(d)In case a yardman or switchtender is

assigned to a position other than in yard service,

or is employed by the Brotherhood of Railroad Trainmen, his seniority rights as yardman or switchtender will not be impaired by reason of such assignment, or employment, and his rank on the seniority list will be such as he would have gained had he been continuously employed in yard service.

TRANSFER TO OTHER DMS]IONS

Rule 113. (a) In case of shortage of train or yardman on another division on the system, yard or trainmen may, if agreeable to all concerned, be transferred temporarily to such division where shortage exists, and shall lose no rights on original division or in original yard provided they return within six (6) months.

(b) Men temporarily transferred will take temporary date on division transferred to on the Interchangeable seniority rights roster from the date they perform service on the division transferred to; if permanently transferred wlil hold seniority from date of temporary transfer.

© Such men wili not be paid while en route from one point to another and will have the privilege of returning to original yard or division when request is made If made prior to expiration of six months as provided for In paragraph (a) of this rule.

SPORTAT]ION OF HOUSEHOLD GOODS

Rule 114. When yardmen are obliged to trans. fer from one point to another on account of change of division or on account of changing from one yard to another, free transportation will be furnished for their household goods.

DEADE[EADING

Rule 115. Yardmen or switchtenders deadheadIng at the request of an officer

of the company to All a vacancy in yards under the jurisdiction of their

superintendent will be allowed a minimum of one day in each direction for

deadheading, except If yardmen or switchtenders are not released from

104

duty between the deadhead trip and the service rendered, or between the service rendered and the return deadhead trip, time will be computed continuously from the time of entering sprvice until released.

Note 1: Yardmen or switchtenders deadheadIng under the application of this

rule, will immediately upon arrival report to the yardmaster to determine

whether they will be released or required

to continue on duty.

Note 2:Deadheading resulting from the

exercise of interchangeable seniority rights by em-

ployes transferring from road to yard service, or

from yard to road service, or from one yard to another, will not be paid for.

YARD31EN USED IN ROAD SERVI[CE

Rule 116. Where regularly assigned to perform service within switching limits, yardmen shall not be used in road service when road crews are available, except in case of emergency. 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.

Examples:

(1) Crew works 5 hours in yard, then used in road service 4 hours, making 20 miles; total spread, 9 hours.

Allowance: 8 hours at straight yard rates, one hour at yard overtime rates (tir4e and one-half), and four hours at pro rata road rates.

(2) Crew works 3 hours in yard, then used In road service 2 hours, making 10 miles, returning to yard for 4 hours; total spread, 9 hours.

Allowance: 8 hours at straight yard rates, I hour at yard overtime rates (time and one-half), and 2 hours at pro rata road rates.

(3) Crew works 7 hours In yard, then used In road service 3 hours, making 18 miles; total spread, 10 hours.

Allowance: 8 hours at straight yard rates, 2 hours at yard overtime rates (time and one-half), and 3 hours at pro mta road rates.

(4) Crew works 2 hours In yard; used In road service 30 minutes, making 5

miles; returns to yard and works 2 hours; again used in road service for

105

I hour, making 10 miles; then returns to yard and

works 2 hours and 30 minutes- total a read 8

I o

works 2 hours and 30 minutes; total spread, 8 hours,

Allowance: 8 hours at straight yard mtes, 1 hour at pro rata road rates for

Arst road service and I hour at ro rata road rates for second road

I hour at pro rata road rates for second road service.

(5) Crew works 1 hour in yard; used tn roa servfce for I hour, making 20 miles; returns t yard and works 5 hours; again used in road servic for 2 hours, making 15 miles; total spread, 9 hours.

Allowance: 8 hours at straight yard rates, 1 hou at yard overtime rates

(time and one-half), 2 miles at pro rata road rates for first road service

and 2 hours at ro rata road rates for second road

and 2 hours at pro rata road rates for second roa service.

(6) Crew assigned from 7:00 A.M. to 3:0 P.M.; works 2 hours in yard#, used in road servic for I bour, making 10 miles; returns to yard an works 4 hours; again used In road service for hours, making 25 miles; relieved at 7:00 P.M.

t

hours, making 25 miles; relieved at 7:00 P.M. total spread, 12 hours.

Allowance: 8 hours at straight yard rates, 4 hou at yard overtime rates (time and one-half), and hours at pro rata road rates.

(7) Crew assigned from 7:00 A.M. to 3:0 P.M.; works I hour in yard; used in

road servi 9 hours, making 30 miles; relieved at 5:00 P.M

. .1

9 hours, making 30 miles; relieved at 5:00 P.

total spread, 10 hours.

Allowance:8 hours at straight yard rates,

hours at yard overtime rates (time and one-bal

and 9 hours at pro rata road rates.

Note: The term "minimum of one hour" mea

minimum of one hour wili be allowed for ea

time used In road service.

‘nME SLIPS

Rule 117. (a) When yardmen’s or swit tenders’ time Is not allowed a8 per time slip th will be notified promptly reasons for disallows and what allowance, if any, ba8 been made. If notice of disallowance Is given time as reported time slip will be allowed.

(b) When time of yardman or switchtenders short, time check to cover

shortage will be isau on request if shortage amounts to one dol

© Time claims that are settled by the Co mittee and the officers of the company will be pai by tirae check promptly.

CABOOSES

Rule 118. Yardmen will be furnished caboose in transfer service, also on other extended run justifying cabooses. A yard crew shall be permitte to switch the cabooses required by this rule to th rear end of the train before commencing a transfe or other extended movement. Cabooses will b equipped with stoves, toois, signal appliances, lamp and such other supplies as are required for th service.

ENGINES NOT PRADPERLY EQUIPPED

NOT TO BE USED

Rule 119. All engines assigned to switc@in service shall be equipped with headlights and foo boards and proper grab irons at both ends, An engine temporarily assigned to switching servic shall be so equipped at the first opportunity if suc engine is to be continued in that service more tha one trick. The use of unequipped engines shall no be prolonged by the substitution of oue engine to another. This provision, however, shall not al)pl to engines exclusively used in transfer service.

to engines exclusively used in transfer service.

CRAIINING CARF99 OOUPL]ING OR

UNCOUPLING ROSE

Rule 120. (a) Yardmen will not be required to chain up or unchain cars,

couple or uncouple hose, in yards or on repair tracks where car men are

employed and on duty,

Note 1: ‘Under this rule yardmer will, If necessary to avoid delay, couple air hose between engiiae and car.

MEMOT-LANDU’,%f OF AGREEMENT

Memorandum of Agreement between the Nortbern Pacific Railway Company and the Brotherhood of Railroad Trainmen concerning application of Rule 120 (a) of the Schedule for Train and Yardmen.

IT IS AGREED that:

1. At yard terminals where carmen are employed and on duty, and except as

hereinafter provided for, yardmen will be paid an arbitrary allowance of

one hour at pro rata hourly rate tu addition to the regular yard pay when

required

lar y

by order of the yardmaster or supervisory officer to couple hose or uncouple hose manually at points within the yard switching limits. This allowance will apply to the ground crew as a unit regardless of which member of the crew does the work and will be paid only once in the course of each tour of duty on days such service is required.

2. Yardmen may be required to couple or uncouple hose:

(a) between engine and first car, between engine and caboose, or between caboose and last car;

(b) between cars when cuts are made at railroad, highway, street or other crossings;

© between cars where cuts are made to set out, or when picking up a car or a cut of cars provided hose on the in-between cars are coupled;

(d) when a doubleover is made in setting out or picking up;

(e) when couplings break after couplings have been properly made;

(f) when attaching or detaching backup pipe, or in case of defective air

hose,

in which event the allowance provided in Section 1 of this agreement shall not apply.

3. This agreement is applicable at points within yard territory commonly referred to as outlying yards or industries where carmen are not regularly employed and on duty at all hours. lt is not the Intention under this agreement to require yardmen to couple or uncouple hose In main train yards within the terminal where carmen are regularly employed and on duty at all times such as, but not limited to, the Mississippi Street Yard at St. Paul and Northtown Yard at Minneapolis.

4. This agreement is effective April 1, 1948 and may be cancelled at any time without further negotiations by either of the parties signatory hereto serving thirty days written notice.

Note 2: In the application of Rule 120(a) and the Memorandum of Agreement dated effective April 1. 1948, the following, taken from the Referees’ Award on the Coupling Function Dispute, dated Washington, D. C., August 1, 1951, and made effective September 1. 1951t shall govern:

Rules, agreements, Interpretations or practices which prohibit or restrict

the use of yardmen to couple or uncouple air, steam and

106

signai hose, shall be modified so that there will be no prohibitions or restrictions on yardmen performing such work and no payment therefor will be made but where rules, agreements, interpretations or practices require payment to yardmen under conditions stated therein for coupling or uncoupling air, steam and signal hose, such rules, agreements, interpretations, or practices shall be changed to provide for the payment of only 95 cents.

HANDLING CABLEST SIDEBOARDS, ETC.

(b) It will not be the duty of yardmen on work trains to handle cables, sideboards, side-doors or other work train appurtenances, or to operate weedburners, rail loaders, lidgerwoods or spreaders.

ATTENDING COURT

Rule 121. (a) Yardmen or switchtenders attending court or inquests under instructions from the company will be allowed the same compensation they would have earned had they remained on their regular assignment plus actual expense. Extra men so used will be allowed 8 hours at yard rates for each day used plus actual expense. Time and expenses to be certified to by company attorney.

ATTENDING I[NVESTI[GATIONS

(b) Yardmen or switchtenders not at fault, required by the company to be present at investigations as witnesses, will be paid for all time lost.

CHARGES TO BE MADE IN V*IRITTNG

Rule 122. (a) When objections or charges are made against any yardman or switchtender by other yardmen or switchtenders, they shall be put in writing, and shall convey a full and clear statement of the objections or charges.

IN’V7ESTIGATIONS

(b)Yardmen or switchtenders charged with offenses involving suspension or discharge will be advised the nature of such offense In writing and will be given a hearing within five days of such offense, except when It is not possible to secure the necessary witnesses or evidence, a reasonable length of time will be allowed to secure same after which proper notice in writing will be served and hearing given within five days of such notice. No yardman or switchtender will be discharged, suspended, or given record suspension, without full investigation, at which investigation all parties interested will be notified to be present, and at which any yardman or switchtender under investigation may be represented by an employe of his choice and both will be permitted to be present and offer evidence and also to hear all evidence submitted at investigation. if he so desires written decision to be rendered promptly.

It is agreed that when a stenographic transcript of the evidence is taken at an investigation, copy will be furnished the representative of the accused If requested.

If yardman or switchtender is not satisfied with decision, he, or his representative, may have right of appeal to Superintendent, continuing such appeal if desired.

If yardman or switchtender is found blameless, he shall be immediately reinstated and paid for time lost at his regular rates for each calendar day.

FILI[NG APPLI[CATIONS

Rule 123. A yardman or switchtender filing application for position will be notified within 90 days of the acceptance or rejection of his application. It not notified within 90 days (except men who enter service under assumed names) he will be considered accepted.

ARTICLE V

GENERAL

RE-EMPLOYMENT AFTER VOLUNTARILY

LEAVING SERVICE

Rule 124. (a) A man who voluntarily leaves the service of the company and is re-employed, will rank as a new man.

PAY WHEN LEAVING SERVICE

(b) Trainmen, yardmen or switchtenders leavIng the service will be paid at the earliest practicable time in full, less the authorized deductions which may be found against their pay.

SERVI[CE LETTERS

(e) When leaving the service, trainmen, yardmen or switchtenders will be given a letter stating time of service and capacity, such letter to be given within a reasonable length of time from the receipt of application, and to be signed and @mped by the Superintendent.

Ito

DISCELOARGED AND RETURNED TID DUTY

(d) Trainmen, yardmen or switchtenders who are discharged and who are returned to duty or reemployed within one year, will hold former rank.

If re-employed after one year, they will rank as new men.

F’RACTIONS

Rule 125. In determining the hourly rate, fractions of a cent will be disposed of by applying next higher quarter of a cent.

TBIE LD]IT ON CLARMS OR GRI[EVANCES

Rule 126. (a) All claims or grievances must be presented in writing by or on behalf of the employe or employes involved, to the officer of the Company authorized to receive same, within sixty (60) days from the date of occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Carrier shall, withiii sixty (60) days from the date same is filed, notify the employe or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.

(b) If a disallowed claim or grievance Is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance, and the representative of the Carrier shall be notified of the rejection of his decision. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes as to other similar claims or grievances.

©The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within sixty days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within one year from the date of said officer’s decision proceedings are instituted by the employe or his duly authorized representative before a tribunal having jur@iction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the one year period herein referred to.

(d) All rights of a claimant involved in continuing alleged violations of agreement, shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the Carrier; except that when a claim or grievance involving a continuing alleged violation of agreement is filed for, or on behalf of an employe or employes named or unnamed for initial date of claim and subsequent dates (or tours of duty) by a representative of the organization, as provided for in Section (e) hereof, all rights of the claimant or claimants involved In such a claim shall, under this rule, be fully protected by the filing of such claim, and it will not be necessary for the representative of the organization to continue to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance Is disallowed by the first officer of the Carrier.

(e) This rule recognizes the right of representatives of the organization, signatory hereto, to file and prosecute claims and grievances for and on behalf of the employes they represent.

The local representative of the organization, signatory hereto, may alter, amend, or modify claims they are appealing under paragraph (b) of this rule, provided such changes are made within the sixty (60) day time limit referred to in paragraph (a) of this rule.

The Geneml Chairman of the organization, signatory hereto, may amend claims so as to conform with his understanding of the rules pertinent to the issue, provided such claims have been initiated and appealed in accordance wtth the foregoing paragraphs of this rule.

(f) This rule shall not apply to requests for

leniency.

RULINGS

Rule 127. (a) The foregoing will be observed according to its terms and in case of disagreement as to the meaning of any rule, a decision will be rendered by the Superintendent, subject to the approval of the General Manager or other designated oflicer of the Railway Company.

(b) It is agreed that the General Chairman of the Trainmen’s Committee will be furnished copies of all rulings on the schedule.

lis

MEETING GENERAL OFVICERS

Rule 128. if a meeting with the general offlcers is desired, a written notice stating subjects to be considered =ust be forwarded to the General Manager or Chief of Personnel fifteen days before date at which conference to desired, and date and time will be fixed as soon as practicable.

RUL]INGS AND SPECI[AL AGREEMENTS

Rule 129. The rules and interpretations herein contained supersede all rules and interpretations or rulings heretofore in effect except that interpretations or rulings, and special agreements, in effect that have not been changed in whole or in part and which are not in conflict with the rules and interpretations of this agreement are to be considered as still in effect.

EF’FECTI[VE DATE AND DURATION OF

AGREEM:ENT

Rule 130. This agreement, as revised, is

effective April 1, 1954, and will remain in effect

until changed in accordance with the provisions of

the Railway Labor Act.

For the Train and Y en:

P. K. BYERS,

General Chairman

Brotherhood of Railroad Trainmen

For the Northern Pacific Railway Company:

C. H. BURGESS,

General Manager

Lines EajBt of Livingston

P. L. STEINBRIGHT,

General Manager

Lines, Uvingston and West

Approved:

W. W. JUDSONO

Vice President

lis

APPENDIX

INTEPOPRETATIONS AND SPECLAIL

AGREEMENTS

The following interpretations and special agreements are reprinted as a matter of convenience. They do not, however, include all existing interpretations and special agreements.

SPECI@L A@LO'%@NCES

PASSENGER CREWS AT EAST AUBURN

Agreement made this first day of September, 1920, between the Northern Pacific Railway Company and the Brotherhood of Railroad Trainmen, covering the operation of passenger trains at East Auburn.

Effective September Ist, 1920:

Brakemen on passenger trains that stop at East Auburn or at Auburn depot to make transfer to or from Tacoma or Seattle connection; also brakemen on passenger trains that make such connections from or to main line passenger trains at East Auburn or at Auburn depot will be allowed twenty (20) minutes pay in addition to all other allowances for the trip at passenger overtime rates. This compensation to cover all work at present required oi passenger brakemen in connection with their trains at the two points enumerated, including the coupling or uncoupling of air and steam hose on account of no carmen being employed at either East Auburn or Auburn depot.

The conditions obtaining at this point are somewhat different from the situation on other parts of our liiie with respect to the character of work iv,quired of our passengier brakemen at East Auburn or at Auburn depot when connection is made with through trains, and the allowance as above set forth is agreed to as a matter of equity to compensate passenger brakemen for the services required of them as outlined herein.

The allowance of forty (40) minutes for nonincident work to crews turning train on wye that is not handled by such crews either iiito or out of East Auburn, will be continued.

Northem Pacific Railway Company

By J. M. RAPELJE,

General Manager.

Brotherhood of

By WILLIAM BISHOP,

Chairman.

ad Trainmen

115

Note 1: Following is quoted from letter September 24, 1921 from General Manager J. M. Rapelje to General Chairman William Bishop:

Referring to the claim of Brakemen Kirchner and McCandles, Seattle Division, for time consumed turning train on wye at East Auburn while assigned to Seattle Division vaudeville service:

This matter was thoroughly discussed in conference in my office yesterday and it has been agreed that while present conditions exist brakemen Kirchner and McCandles will be allowed 40 minutes for all work performed at East Auburn in making connections at that point and turning train on wye during the course of their day’s assignment in vaudeville service between Tacoma and East Auburn and Seattle and East Auburn under the provisions of paragraphs (a) and (b) Rule 12 Article I of the Train and Yardmen’s schedule. The payment of forty minutes will be made to brakemen Kirchner and McCandies, and other brakemen in vaudeville service who render similar service, retroactive to May 16, 1921.

The allowance of forty minutes as described is Intended to cover all work performed at East Auburn by trainmen assigned to vaudeville service during the course of the day’s assignment under the provisions of paragraphs (a) and (b) of the rule referred to, except the payment of twenty minutes allowed at the present time under the agreement of September 1, 1920, which will be continued and paid for in addition to the forty minutes referred to. ep m e I t IC 1 e con ue an paid for in addition to the forty minutes referred to

It is further my understanding that the paymenet on the basis outlined above will dispose of the e tire matter and that there will be no further requeire made for additional compensation by brakemen assigned to passenger service for work performe at East Auburn under paragraphs (a) and (b

Rule 12.

Note 2: In accordance with letter understan Ing of September 3, 1927, when passenger trainm are required to couple or uncouple air or stea hose at East Auburn or Auburn, in connection wi the payment of the arbitrary of 20 minutes und the Agreement of September 1, 1920, such pa ment should be excluded In computing the earnin applied against the daily earnings guarantee und R 1 7 o th Train and Yardmen’s Schedule.

and

INTERPRETAT’ION OF APRM 26* 1921 Ooncerning P&ragrgLph (b), Rule 74, Article M A question has arisen concerning the proper compensation to trainmen for deadheading to Intermediate points between established chain gang terminals to enter work train service.

Paragrapb (b), Rule 74, Article III of the Train and Yardmen’s Schedule reads as follows:

"Trainmen when deadheading on their own division, will be paid full time or mileage at their regular rates in their regular assignments."

It has been agreed the following will govern:

1. A crew is deadheaded to an intermediate point and enters regular assigned work train service without being released after the deadhead trip. This crew is entitled to continuous time until released from duty.

2. A trainman deadheading to an intermediate point between chain gang terminals to relieve a man laying off in work train service, unless specifically notifled that he is released after completing the deadhead trip, is entitled to actual mileage or hours, whichever is the greater, for deadheading, computed separately from the allowance In work train service.

A trainman entering work train service after baving been deadheaded will be allowed a minimum of 100 miles in the service for which deadheaded, computed from the time of arrival until released from duty.

3. If notified and released after completing the deadhead trip a minimum of 100 miles will be allowed for the deadhead service. In the event other service is required the time or mileage in the other service will be computed from the time required to come on duty for such service, with a minimum allowance of 100 miles for the service performed.

4. A trainman, after relieving a man who has been laying off and is deadheaded after completing day in work train service, Is entitled to a minimum of 100 miles for the deadhead trip.

6. It Is understood the above applies only in work train service where the tie-up point Is between chain gang terminals and does not In any manner change the present method of compensating tminmen for deadheading to enter other train service.

117

BASIS OF PAY.MENT ON DETOURED TRAINS

E L@ENSE ALLO%7*’A.NCES

EXI@ENSE ALLO%%’A.NCE.’

St. Paul, Minnesota

August 12, 1921

August 12, 1921

Mr. Frank Shelver

Chairman, Conductors’ Committee

230 Shubert Bldg., St. Paul

.vlr. William Bishop

Chairman, Trainmen’s Committee

210 Shubert Bldg., St. Paul

Gentlemen:

During conference to-day it was agreed that passenger conductors and trainmen who were detoured via the Great Northern in the month of June, owing to washout trouble, will be compensated under Rule 28 Article I of the Conductors’ schedule, and Rule 18 Article I (now Rule 17) of the Train and Yardmen’s schedule, i.e., they will be allowed the actual mileage at the established mileage rate, or the hours at oneeighth of the daily rate, whichever is the greater, the latter computed continuously froiu the time of leaving the initial point until their return.

The same principle will apply in compensating Conductors and Trainmen used on detoured freight trains where double-crewing is necessary, and as agreed in conference to-day they will be allowed the actual mileage at the established mileage rate, or the hours at one-eighth of the daily rate, whichever is the greater, for Dakota Division crenirs the time in service to be computed continuotislv from time they commenced service at I.eeds until their reeurn to Leeds, and for Yellowstone Division crews from the time they left Glendive until their return to Glendive. (It is understood the same principle is to a I enerall on the s stem.

0en ve. s un ers oo e same pr ncip is to apply generally on the system.)

Instructions will be issued to make paymen accordingly.

Yours truly,

/s/ C. L. NICHOLS.

Assistant General -Nianag

. ssista . nt . General -Ni . anag

Note: In the application of Rule 17 and the lett agreement above quoted,

and in accordance wi previous understandings had, trainmen on lo detour

trips are to be reimbursed for expenses i curred for meals and lodging

while off their o

AGREEMENT RELATIVE TO R17LE 20 AS APPLYING TO THE JOINT R17NS ON FARGO

DIVISION, EFFECTIVE APRIL 11

I 9

AND AS AMENDED SEPTEMBER 1, 1

IT IS AGREED:

A. Mileage made between Jamestown and Mandan by First District (Old Fargo Division) brakemen will be credited to the Second District (Old Dakota Division) roster. Mileage made between Fargo and Jamestown by Second District (Old Dakota Division) brakemen will be credited to the First District (Old Fargo Division) roster. Mileage made by First District (Old Fargo Division) brakemen on Second District (Old Dakota Division) branch lines will be credited to Second District roster.

B. The Fargo Division will furnish men to do the extra passenger work on joint runs, except as provided in sections C, D and E.

C. If aid additional brakeman Is required on trains 135 and 136 between Fargo and Jamestown, same will be furnished by the Fargo Division. It an additional brakeman Is required on trains 157 and 158 between Jamestown and Leeds, same will be furnished by the Dakota Division. Such mileage will not be counted as joint inileage.

D. In event a brakeman from either division lays off for a -period of eight (8) days or more, and there are 2500 miles or more due eithe division, a brakeman from the division the mile are due will be used on such vacancy until there ar 2500 miles or more due the other division, or unti the regular brakeman returns.

E.If an additional joint run Is put on brakemen will be assigned according to Rule 20 and Paragraph A of this agreement; except, if there are 250 miles or more due either division brakemen will b furnished from the division having mileage due t rnan such run until the miles are worked out an 2500 miles are due the other division, it bein understood such men will continue to man the ru until the first of the month, even though by doing so the mileage would exceed 2500, F. At the expiration of each 30-day period statement will be furnished the Local Chairman o each division showing total mileage made by joing total due

STRAIGHTAWAY TRIP COUPLED WITH

SHOILT TURNAROUND TRIP

(Interpretation of Itule 27, from Letter of

October 9, 1927)

Assignments providing for a straightaway tr coupled with a short turnaround trip from starti terminal before covering the straightaway porti of the assignment, and or a short turnaround tr after completing the straightaway trip, will be su ject to the following:

ParagraDh (b) of Rule 27 will be applicable either the starting terminal or the objecti terminal on such assignments.

The terminal switching rule will apply at t terminal before starting on the tnitial trip and the final terminal after completing the final tri In the event a second or succeeding trip Is start after the expiration of 8 hours, commencing a n day, terminal switching rule will be applicable.

a e.

SEPTEMBER IL5, 1930

Agreement made and entered into this fifteenth day of September, 1930 by and between the Northern Pacific Railway Company and the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen and Brotherhood of Ra-ilroad Trainmen.

With the understanding that It is intended there willo be no Increased cost to the Northern Pacific Railway Company in the bandltng of pooled ore, or for its yard operations at the Head of the Lakes. I Is agreed that effective September 19, 1930, the Northern Pacific Railway Company (hereafter referred to as Northern Pacific) will arrange to allocate to Minneapolis, St. Paul & Sault Ste. Marie Railway Company (hereafter referred to as Soo Line) engineers, flremen and yardmen (the term yardmen embraces foremen and helpers) work trt the Northern Paciflc terminals at the Head ot the Lakes equivalent to 50 per cent of the actual engine hours chargeable to pooled ore switching necessary for, handling through the Northern Pacific Hill Avenue Yard, the pooled ore covered by contract between the two companies dated April 15, 1929, under the following conditions:

condit

1. Soo Ltue engineers, liremen and yardmen will be definitely assigned during the ore shipping season to work in the yards of the Northern Pacific (priraartly in ore switching service) . but the right of the Northern Pacific to use these men in the same classes of service that It would use its own engineers, firemen and yardmen primarily assigned to ore service within the terminals at the Head of the Lakes, shall in no way be restricted.

2. Northern Pacific operating rules and regulations, and rates of pay and working conditioxis as provided for under Northern Pacific schedules in effect covering engineers, firemen and yardmen, will govern Soo Line employes so assigned, except an provided herein.

3. Soo Line employes making application for these positions must pass the required examinations and meet all of the requirements of the service of the Northern Pacific for its engineers, firemen and yardmen, and while assigned to such service they will be under the jurisdiction of thd offtcers of the Northern Pacific and the Ore Superintendent.

4. Soo Line employes accepting assignments In service under this agreement wiII not be permitted to vacate their positions in exercise of seniority, nor will they be subject to displacement under the application of the seniority rules, except when a reduction in force on the parent line places them in a position where they cannot hold a position of engineer, fireman or yardman. Regular vacancies created from any cause shall be filled in the same -manner as the original assignment. At the d@ cretion of the Ore Superintendent, temporary vacancies in positions assigned to the Soo Line employes may be filled either from the rosters of the Soo Line or from the extra lists of the Northern Pacific, except when the vacancy Is for more than thirty days, when it will be filled by employes from the Soo Line rosters. Extra engines may be manned by either Soo Line or Northern Pacific employes. The hours worked by Northern Pacific employes In positions assigned to Soo Line employes will be taken into account In equalizing the hours.

5. Soo Line employes shall share equally with Northern Pacific employes In exercising preference to Itrat, second or third trick assignments by alternating on such assignments every thirty days; Northern Paciflc crews to have first choice at the beginning of the ore season.

121

In the event only one eight hour shift is necessary in handling the pooled ore, Northern Pacific and Soo Line employes will alternate at 90-day intet-vals; Northern Pacific employes having first choice.

There will be no payment ior loss of time in changing shifts -ir assignments.

6. Consistent with tht, requirements of the service, assignments will be made on an equal basis in an effort to equalize the engine hours during each ore shipping season. Engine hours worked in excess of the proportion allotted under this agreement will be carried over for adjustment in the following ore shipping season. The Ore Superintendent will decide the periods of assignments between the Northern Pacific and Soo Line crews. Hours accruing during the season of 1930 subsequent to September 15th, will be carried ovei for equalization during the season of 1931.

7. Soo Line employes shall not acquire seniority on the rosters of the Northern Pacific or participate in pensions, insurance, hospital or other privileges granted to Northern Paciflc employes.

8. There will be no additional deadhead expense to the Northern Pacific in carrying out the terms of

this agreement.

9.This agreement will not be retroactive, will have no bearing on other existing operating arrangements and shall not be used by either party as a precedent.

10. During the life of the said Agreement of April 15, 1929 between the Northern Pacific Railway Company and the Minneapolis, St. Paul & Sault Ste. Marie Railway Company referred to herein, this Agreement will continue in effect unless it is cancelled, changed or modified by the mutual consent of all parties signatory to this Agreement.

Northern Pacific Railway Company:

By H. E. STEVENS,

Vice President.

Brotherhood of Locomotive Engineers:

By R. E. KENNEDY,

Assistant Grand Chief Engineer.

Brotherhood of Loco. liremen & Enginemen:

By FRED BARR,

Vice President.

@therhood of ad Trainmen:

By R. E. KENNEDY,

By FRED BARR,

Authorized Agents.

122

DECEMBER 4wg 1932

AGREEMENT between the Nortbern Pacific Railway Company and the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, and Brotherhood of Railroad Trainmen.

In lieu of abolishing the seniority rosters of the present Pasco Division, in accordance %,ith Superintendent’s notice dated November 18, 1932, no change will be made in the seniority rosters of the employes in train and engine service on present Pasco Division on account of the abolishment of that division and abandonment of Ellensburg as a terminal.

Trains operated on Naches, Moxee and Cowiche Branches, or the assignment of

which covers work on these branches as well as the main line, will be

manned by train and enginemen from the Pasco rosters.

Yakima instead of Ellensburg wili be the terminal for crews in all branches of the service, and freight and passenger runs rearranged accordingly, except that passenger conductors and passenger brakemen on tbrough passenger trains now changing at Ellensburg will continue to change at Ellensburg. All service west of Yakima, with the exception of combination brancli and main line runs previously mentioned, will be manned by crews from the Tacoma Division rosters.

Mileage made by crews from. Tacoma Division rosters between Yakima and Ellensburg will be credited to the Pasco rosters, and a mutually satisfactory arrangement for the working out of this mileage by Pasco crews on the Tacoma Division be made.

An agreed to number of shifts of savit,:h engines and hostlers in Yakima yard shall be assigned to the enginemen of the Tacoma Division aiid a mutually satisfactory a7rrangement for the Ir’4lTjning of these crews by men from the’Tacoma 1)@ivi3ion rosters will be made. All other switch -ri@itie shifts and hostlers will be manned by engjuemen from the Pasco roster.

Yardmen at Ellensburg, who because of the discontinuance of yard operations

have no work as such, will be privileged to transfer to yardmen’s

iss

seniority list at Yakima in accordance with their present relative standing and will rank behind yardmen now employed at Yakima.

For the Northern P@c Raflway ODmpany:

H. E. STEVENS,

Vice President.

For the Organizations:

FRANK SHELVER,

General Chairman,

Order of Railway Conductors.

H. H. DEERING,

General Chairman,

Brotherhood of Locomotive Engineers.

T. P. GORMAN,

General Chairman,

Brotherhood of Loco. Firemen & Enginemen.

V. R. FURSTO

General Chairman,

Brotherhood of Railroad Trainmen.

APPROVED:

G. H. ORAM,

Vice President,

Order of Railway Conductors.

R. E. EDRINGTON,

Asat. Grand Chief Engineer,

Brotherhood of Locomotive Engineers.

S. A. BOONE,

Vice President,

Brotherhood of Loco. Firemen & Enginemen.

S. A. BOONE,

Vice President,

Brotherh3od of Locomotive Firemen & Enginemen for the Brotherhood of Railroad Trainmen.

DECE.MBER 8v 1932

AGREEMENT between Northern Pacific Railway Company and Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, and Brotherhood of Railroad Trainmen, effective December 18, 1932.

Seniority rosters for employes In train and engine

service on the Tacoma Division will be re-

124

established as they existed on December 31, 1931.

Intordistrict or lap runs on a straightaway or turnaround mileage basis may be established in assigned service either freight or passenger over this territory. A mutually satisfactory agreement will be made to cover accounting for and working out of lap mileage.

If a point now designated as a terminal for men in irregular (that is, pool freight or unassigned) service is relocated, irregular runs may be operated through the terminal eliminated on a straightaway or turnaround mileage basis with mileage apportioned to the employes on the seniority districts affected, on the principles established in agreement between the organizations and the management dated December 7. 1932, covering the service between Ellenf3burg and Yakima.

No allowances will be made for deadheading in either or both directions for the purpose of equalization of mileage. Deadheading in excess of the amounts which would be paid under a single roster will not be paid because of the maintenance of separate rosters.

Conductors and trainmen on passenger runs tabulated in Rule 1. Conductors’ and Trainmen’s Schedules, under rearrangement of assignment operating between Seattle and points south of Tacoma, will be paid mileage rates on the following basis: Actual miles, but not less than one hundred fifty (150) miles for the trip south of Tacoma plus the actual miles between Tacoma and Seattle.

Rule 83(b), Firemen’s Schedule, will not be enforced on through runs between Seattle and Portland, except that firemen running through on handfired coal burning locomotives between Seattle and Portland will be allowed a minimum of two hundred (200) miles for each trip. This provision may be cancelled on thirty days notice by either party.

It is understood that this agreement does not in any way restrict operation

or practices in effect prior to January 1. 1932, on the territory embraced

in one or the other of the two seniority districts which are to be

re-established under this agreement.

All claims arising out of the consolidation of seniority rosters and

rearrangement of runs or assignments during the period of operation of the

Tacoma Division under one seniority roster between

January 1. 1932, and the effective date of this

agreement are Ifereby withdrawn.

For the Northern Pacific R"way Co.:

H. E. STEVENS,

Vice President.

For the Organizations:

H. H. DEERING,

General Chairman,

Brotherhood of Locomotive Engineers.

T. P. GORMAN,

General Chairman,

Brotherhood of Locomotive Firemen & Enginemen.

FRANK SHELVER,

General Chairman,

Order of Railway Conductors.

V. R. FURST,

General Chairman,

Brotherhood of Railroad Trainmen.

APPROVED:

R. E. EDRINGTON,

Assistant Grand Chief Engineer,

Brotherhood of Locomotive Engineers.

S. A. BOONE,

Vice President,

Brotherhood of Loco. Firemen & Enginemen.

G. H. ORAMT

Vice President,

Order of Railway Conductors.

S. A. BOONEV

Vice President,

Brotherhood of Locomotive Firemen & Enginemen for the Brotherhood of Railroad Trainmen.

MARCH 15s 1939

MEMORANDUM OF AGREEMENT con-

cerning assignment of train and engine

crews to combination road-switch

service and engine crews assigned to

mountain helper service on the Fifteenth, Sixteenth and Seventeenth SubDivisions, Rocky Mountain Division.

It is agreed that eff ective March 1 5 th, 1 9 3 9, train

and engine crews assigned to combination road-

switch service and engine crews assigned to helpe service out of Wallace on

the Fifteenth, Sixteent and Seventeenth Sub-Divisions Rocky Mountain Di

vision, may be used as bereinbelow set forth an

whenso used will be paid as herein provided for

1. When it Is necessary to operate the rota

snow plow, the train crew assigned to combinatio

road-switch service may be used to handle th train; the engine crew assigned to combinatio road-switch service may be used to operate th rotary and the engine crew assigned to helpe service may be used as rotary pusher.

2. On days that work train or snow plo service is performed and no other service is pe formed, train and engine crews berein referred t used in such service will be paid for the class o service performed but not less than the guarante of the regular assignment.

3. When the crew assigned to combination roa switch service Is used to perform work train o snow plow service and is also used to perform co bination road-switch service on the same trip an in excess of 35 road miles are run, not less tha a minimum day will be allowed In combination roa switch service and not less than a minimum da will be allowed for other than road-switch servic the time in each class of service to be compute separately In determining the amount of overtim it any, in either service.

4. On days the train and engine crew assigne to combination road-switch service is used tn co mercial service and is required to make in exces of 35 road miles, not less than a minimum day’s pa will be allowed for combination road-switch assig meat and not less than a minimum day’s pay wi be allowed for service In excess of 35 road miles time on duty in making in excess of 35 road mil to be deducted from total time on duty in computin overtime allowance for regular assignment.

5. If and %,hen another train and engine cre is needed and the assignment of such crew includ combination road-switch service, such addition crew will be assigned to combination road-swit service and the foregoing will apply to such crew i the same manner as it applies when one train an engine crew only is assigned to combination roa switch service.

6. When two combination road-switch crews ar

0 com

st cre

as Crew No. 1 and the second crew assigned will be designated as Crew No. 2. When it Is necessary to operate the rotary it will, Insofar as possible, be operated by Crew No. 2. When the provisions of this section cannot be complied with because of the application of the Hours of Service Law or for other reasons, failure to use Crew No. 2 on the rotary will not establish a basis for a claim for additional compensation.

7. When It Is necessary to perform combination road-switch service in connection with a trip in other service, the engine crew assigned to combination road-switch service will, as far as possible, perform such service.

This agreement is for the purpose of taking care of conditions existing In the Wallace District on the Fifteenth, Sixteenth and Seventeenth Sub-divisions. This agreement may be cancelled by either the Railway Company or by all of the Organizations signatory hereto serving thirty (30) days’ notice in writing of cancellation.

For the Northern Pacific R&Uway Company:

W. W. JUDSON, W. C. SLOAN,

Superintendent General Manager

For the Organizations:

1’.. J. PARRELLO

Local Chairman, O.R.C.

C. J. SIMONSEN, Local Chairman

B. of L. E.

M. H. BARNEY,

General Chairman, O.R.C.

H. H. DEERING,

General Chairman,

B. of L. E.

C. M. CLAYPOOL,

Local Chairman, B.R.T.

W. A. BOYLE,

Local Chairman

B. of L. P. & E.

V. R. FURST,

General Chairmau J3.R.T.

T. P. GORMANV General Chairman, B. of L. F. & E.

AUGUST So 1940

PRETATION OONCERNING RULE 82(b)

May a brakeman who elects to give up his regular turn in pool freight

service and who exercises his seniority to another class of service be

permitted to return to pool freight service without first mak-

Ing a trip In the class of service to which he becomes assigned?

No, unless he has been displaced before being called for service to which he becomes assigned, In whien event If he elects to return to the freight pool in which last employed, he must return to his former car in the freight pool; if his former car in pool freight service has been called for service he may exercise his seniority to any other car in t!ie same freight pool.

AGREEMENT

BETWEEN

NORTHERN PACIFI[C RAI[LWAY OOMIPANY

AND

ORDER OF RA AD TIELEGRA.PHERS BROTHERHOOD OF LOOOMOTIEVE ENGWEERS

BROTHERHOOD OF LOOONOT’IVE

AND ENGINEMEN

ORDER OF RA]ILWAY OONDUCTORS

BROTHERHOOD OF

AD N

(1) It Is hereby agreed that train and engine service employes will not be required to call the dispatcher for the purpose of receiving orders governing the movement of trains and that train and engine service employes will neither be required nor permitted to copy train orders governing the movement of trains, other than in emergencies as herein defined.

(2) Emergencies as herein defined shall include conditions resulting from causes such as casualties or accidents, engine or equipment failures, wrecks, broken rails, obstruction of tracks, washouts, tornadoes, storms, high water, and slides; or unusual delays due to hot boxes or break-in-twos that could not have been anticipated by the dispatcher before train departed from last previous train order office which would result in serious delay to traffte.

(3) (a) When no emergency exists, as above defined, an inquiry by train or enginemen as to the

time or location of another train or in connection with their work, will not be considered a violation of this agreement when it does not involve the transmission of train orders, messages of record, reports or 0 S of trains.

(b) When a train has been delayed by nonarrival of another train at meeting or passing point for thirty (30) minutes or more, train dispatcher will be contacted and if an emergency exists as defined in paragraph (2) hereof train orders may be copied for the movement of the delayed train.

(4) Under this agreement it is permissible for train and enginemen to obtain necessary authority to pass automatic block or interlocking signal in stop position; it is also permissible at a junction point where a telegrapher Is not now employed for train and enginemen on branch line trains to obtain a check of trains direct from the train dispatcher for such trains as are due to arrive at such junction point after branch line train has departed from the last train order office before arrival at junction and under such conditions train orders may be copied covering movement from such junction.

This agreement shall become eff ective August 1, 1941.

Northern PaeMc Railway Company

By H. E. STEVENS,

Vice President.

Order of Raflroad Telegraphers

By SAM JOHNSON,

General Chairman.

Brotherhood of Locomotive Engineers

By H. H. DEERING,

General Chairman.

Brotherhood of Locomotive Firemen & Enginemen

By T. P. GORMAN,

General Chairman.

Order of Raflway Conductors

By M. H. BARNEY,

General Chairman.

Brotherhood of Bal@d Trainmen

By V. R. FURST,

General Chairman.

AGREEMENT between the Order of Railway Conductors, the Brotherhood of

Railroad Trainmen and the Northern

ISO

Pacific Railway Company, covertug the application of the Northern Pacific Schedule for Conductors and the Northern Pacific Schedule for Train ilud Yardmen to the former Minnesota & InternationaI and Big Fork & Internatiorlal Falls Railway.

Effective April 1, 1943, the Minnesota & Inte national and Big Fork & International Falls Rai way Companies Schedule for Trainmen and Yar men which became effective Augufjt 1, 1924 as rules, and May 1, 1928 as to rates of pay$ an agreements and understandings thereunder, a hereby cancelled. Effective April 1. 1943 the cu rent Northern Pacific Railway Company Schedu for Conductors and interpretations and agreemen thereunder, and the current Northern Pacific Rai way Corapany Schedule for Train and Yardmen an interpretations and agreements thereunder, aa her by modified or amended, will be applied on International Falls and Bullhead @ke Branch of the Lake Superior Divlsion:

1. In passenger service the minimum mouth) guarantee for regularly assigned conductors sha be $250.20, the minimum daily rate for conducto shall be $8.34 and the overtime rate per hour f conductors shall be $1.0425. Except as to rates pay for conductors in passenger service, here specifi@ly provided for, the rates of pay for co ductors, brakemen and yardmen shall be the cu rent rates of pay in eff ect under the Norther Pacific Schedule for Couductors and the Norther Pacific Schedule for Train and Yardmen. (See Rul 1 and 2 for current rates for Passenger brakemen.

2. Rule 4 3 (a), Train and Yardmen’s Schedul is hereby amended to read as follows: "Trainme assigned to regular runs paid the through freig rate will not be assigned tor lean than six daya p week." Any similar arrangement or understandin that may be in effect under the Conductors’ Sche ule is also hereby accordingly amended. This pr vision may be cancelled between April 1 and Ap 30t 1944p by thirty (30) days’ notice in writin and if not so cancelled, it shall remain In effect fro year to year, thereafter, subject to cancellation b thirty (30) days’ notice in writing, which iloti shall be served between April I and April 30 any succeeding year.

3. The International Falls and Bullhead La

ona

onsid

In the application of Rule 65 of the Northern

Pacific Train and Yardmen’s Schedule. (Now Rule

53.)

4. In the application of Rule 58. Conductorst Schedule, and Rule 49, Train and Yardmen’s Schedule, helpers or pushers may be used between North

Bemidji and Hackensack and between International Falls and Big Falls.

S. (a) Rule 98(a), Conductorsj Schedule, and Rule 66(b), Train and Yardmen’s Schedule, are hereby amended to include North Bemidji as an established point where extra lists may be maintained.

(b) Rule 112(i) of the Conductors’ Schedule is amended by the inclusion of North Bemidji.

6. Rule 130 of the Conductors’ Schedule and corresponding Rule 82(k) of the Train and Yardmen’s Schedule shall apply in the following manner on the Lake Superior Division:

(a) Men for the Eighth, Ninth and Tenth SubDivisions (International Falls and Bullhead Lake Branches) will be furnished from the board at North Bemidji. Men for all other sub-divisions of the Lake Superior Division will be furnished from the board at Duluth.

Service operated jointly over sub-divided seniority districts as herein deiftned, may be manned by men furnished from the board on the sub-divided district where the service originates.

(b) Rules 130 and 82(k), hereinabove referred to, will apply on the Lake Superior Division in accordance with the arrangement prescribed In Section 6(a) hereof, it being mutually agreed that conductors will not be required by the terms hereof to go outside their respective sub-divided senlority districts to take runs as conductors as long as there are suflicient promoted men available on the sub-divided district where an additional conductor is required; and provided further that subject to the provisions of Section 7 (a) hereof, additional promotions are not caused by the application of this principle.

(c) Conductors shall not hold a position other

than conductor as long as there is a position for

them as such In their seniority district as sub-

divided.

(d) Conductors or brakemen transferring to or from the board at Duluth or at North Bemidji will not be paid for deadheading. Brakemen on the

132

suspended list called for service may be required to report for duty either at Duluth or North Bemidji and will not be entitled to payment for deadheading in going to, or returning from, either point.

7. Interchangeable rights shall be established for conductors and brakemen on the Lake Superior Division as follows:

(For convenience the Lake Superior Division excluding the International Falls and Bullhead Lake Branches is herein designated as "District A", and the International Falls and BuIlhead Lake Branches are herein designated as "District B".)

(a) Conductors and brakemen in service on District B on March 31, 1943, shall have prior rights to service on District B over other Lake Superior Division conductors and brakemen. BrakemeR In service on March 31, 1943, on District B will have prior rights to promotion to conductors on District B over other Lake Superior Division brakemen.

Conductors and brakemen in service on District A on March 31, 1943, shall have prior rights to service on District A over conductors and brakemen holding prior rights on District B. Brakemen in service on March 31, 1943 on District A shall have prior rights to promotion to conductors on District A over brakemen who hold prior rights on District B.

(b) Conductors and brakemen who hold prior rights to service on District B will be given a senlority rank as brakemen on the Lake Superior Division roster with a date of April 1. 1943p in accordance with their relative rank as brakemen, following brakemen who were in service on District A on March 31, 1943.

(c) Conductors and brakemen in service on District A prior to April 1, 1943, shall have their seniority and right to promotion extended to include District B, subject to provisions of the first paragraph of Section 7 (a) hereof.

(d) Brakemen employed on and after April 1, 1943 on the Lake Superior Division shall acquire and accumulate seniority on the entire division.

(e) A separate seniority roster will be main-

tained for conductors and brakemen holding prior

rights on District B, as herein provided for. The

Leake Superior Division brakemen’s roster will be revised by the addition

thereto of names of con-

ductors and brakemen bolding prior rights on D18trict B, as provided for in Section 7 (b) hereof.

8. The Railway Company may, at its optfon, olperate regular or unassigned runs or service jointly over the sub-divided seniority districts herein provided for. Wben such runs or service are operated a mutually satisfactory arrangement will be agreed upon for the purpose of accounting for and equalizing mileage of conductors and brakemen with prior rights in the respective sub-divided seniority districts. Deadheading incident to equalization of mileage will not be paid for.

9. Where the rates of pay under Northern Pacific schedules for conductors, trainmen and yardmen will be in excess of the rates of pay for the same service on the International Falls and Bullhead Lake Branches, except as to the rates in passenger service bereinabove provided for, Northern Paclilc Schedule rates will be paid as of April 1, 1943, provided such rates are approved by the National Railway Labor Panel pursuant to the Stabilization Act of October 2, 1942. Pending such approval the rates of pay in effect on the International Falls and Bullhead Lake Branches prior to April 1, 1943, will continue to be paid; upon receipt of such approval, necessary adjustments in rates retroactive to April 1, 1943, will be made.

I

etraactive to April 1, 1943, will be made.

The Northern Pacific Railway Compan

By H. E. STEVENS,

. . I

Vice President

For employes represented by:

The Order of Railway Conductors

By A. M. JOHNSON,

Local Chairman.

(representing Conductors of the former Minn sota & International and Big Fork & Inte national Falls Railways)

By J. R. McCLOUCH,

Local Chairman.

(representing Conductors of the Lake Superi Division)

By E. M. HELGESON,

General Chairman.

APPROVED:

R. 0. HUGHES,

I

ent.

The Brotherhood of Railroad Trainmen

By W. J. McCARTHY,

Local Chairman.

(representing Trainmen and Yardmen of the former Minnesota & International and Big Fork &- International Falls Railways)

By W. H. WARNER,

Local Chairman.

(representing Trainmen and Yardmen of the Lake Superior Division)

By V. R. FURST,

General Chairman.

APPRO’%’ED:

F. W. COYLE,

Vice President.

AUGUST 15, 1946

AGREEMENT between the Northern Pacific Railway Company and the Order of Railway Conductors, ]3rotherhood of Railroad Trainmen, Brotherhood of Locomotive Engineers, and Brotherhood of Locomotive Firemen and Enginemen, covering use by Northern Pacific Tacoma Division train and engine men of Simpson Logging Company tracks, and use by Simpson Company employes of Northern Pacific tracks at Shelton, Washington.

The following Is agreed to:

Northern Pacific Tacoma Division train and engine men may be used to perform service on tracks owned by the Simpson Logging Company at Shelton, Washington, as shown dotted black over green on print attached, and when such service Is performed it will be considered part of the crew’i3 assignment.

Simpson Logging Company employes may perform service on tracks owned by the Nortbern Pacific Railway Company at Shelton, Washington, as shown dotted black over red on print attached, including serving their warehouse, and when such service is performed it will be considered as iservice properly to be performed by employes of the Simpson Logging Company. Employes of the Simpson Logging Company will not perform commercial switching for industries other than those located on their own tracks.

is$

This agreement will apply to success Interest of the Simpson Logging Company.

This trackage right agreement ts subject cellation or revision upon thirty (30) days’ In writing by any of the organizations or all organizations parties to this agreement, or Northern Pacific Railway Company. (Print produced.)

Northern Pacific RaUway Compan By F. R. BARTLES,

Gene@ Oraer of ftilway Con 13Y E. E. DEVERE

Local Chairm

APPROVED:

By E. M. HELG

. . I

General Chatrman.

Brotherh@ of Raft@ Trai

By V. H. LEONARD,

Local Chairman.

A.PPROVED:

By V. R. FTJRST,

y I

General Chairman.

Brotherhood of Locomotive Engi

By R. P. DORAN.

Local Chairman.

APPROVED:

By. 0. A. BICHSEL,

By. 0. A. BICHSEL,

General Chairman.

Brotherhood of Locomotive Ftremen & Engin

By R. V. ELMENDORF,

.

Local Chairman.

APPROVED:

By T. P. GORMANT

General Chairman.

0

APRRL 229 1948

AGREEMENT between the Northern

citic Railway Companyand the Broth

Om

allroa

the manning of Patisenger trains detoured via the CMSTP&P RR at Terry or Miles City and via the G.N. Ry., at Sidney when Northern Pacific trainmen are used to handle such trains on those Railways.

(1) When it becomes necessary to detour an eastbound regular Passenger train via the CMSTP&P RR at Miles City or Terry, the trainmen handling train out of Billings will, if available under the Hours of Service Law and except as provided in Section (2) of this agreement, handle the train upon departure from Miles City or Terry as the case may be. ln the event it is necessary to double crew such a train, the first out trainmen available at Glendive who are regularly assigned to passenger service between Mandan and Glendive will, except as provided in Section (2) of this agreement, be used on such double crew. When and If the supply of trainmen available at Glendive who are regularly assigned to passenger service between Mandan and Glendive is exhausted and it is necessary to double crew sucb a train, Third Subdivision extra trainmen at Glendive equipped for pasi;enger service, will, except as provided In Section (2) of this agreement, be used on such double crew.

In the event It becomes necessary to detour an eastbound regular passenger

train via the CMSTP&P RR at Miles City or Terry, and such train has arrived

Glendive before It Is known that the detour movement will be necessary, the

first out trainmen alvailable at Glendive who are regularly assigned to

passenger service between Glendive and Billings will be used to handle

train from Glendive to Miles City or Terry and, except as provided in

Section (2) of this agreement, will also handle the detoured train on

departure from Miles City or Terry. In the event It becomes necessary to

double crew such a train, the first out trainmen available at Glendive

will, except as provided in Section (2) of this agreement, be used on such

double crew. When and if the supply of trainmen available at Glendive who

are regularly assigned to passenger service between Mandan and Glendive Is

exhausted, and it is necessary to double crew such a train, Third

Subdivision extra trainmen at Glendive equipped for passenger service will,

except as provided in Sec-

tion (2) of this agreement, be used on such double

crew.

137

(2) It is understood and agreed if there are trainmen from divisions east of the Yellowstone Division available at Terry or Miles City who have handled westbound Northern Pacific trains detoured over the CMSTP&P RR into these points, such trainmen may be used at the option of the Railway Company to man or double crew any or all eastbound passenger trains detoured via the CMSTP&P RR at Miles City or Terry. lt is also understood and agreed if there are Yellowstone Division trainmen available at Terry or Miles City who have handled westbound Northern Pacific trains detoured over the CMSTP&P RR into these points, such trainmen may be used at the option of the Railway Compary to man or double crew any or all eastbound pasqenger trains detoured via the CMSTP&P RR at Miles City or Terry.

(3) When it becomes necessary to detour an extra or special eastbound passenger train via the CMSTP&P RR at Miles City or Terry. the trainmen handling train out of Billings, will, if available under the Hours of Service Law and except as provided in Section (2) of this agreement, be used to handle the detoured train upon departure from Miles City or Terry. In the event it is necessary to double crew such a train and there are available at Glendive extra trainmen called at Mandan for extra or special passenger service out of Glendive such trainmen will, except as provided in Section (2) of this agreement, be used on such crew. Should there not be trainmen called at Mandan for extra or special passenger service out of Glendive, available at Glendive, Third Subdivision extra trainmen at Glendive equipped for passenger service will, except as provided in Section (2) of this agreement, be used on such crew.

In the event it becomes necessary to detour an eastbound extra or special

passenger train via the CMSTP&P RR at Miles City or Terry, and such train

has arrived Glendive before it is known that the detour movement will be

necessary, Third Subdivision extra trainmen at Glendive equipped for

passenger service will be used to handle train from Glendive to Miles City

or Terry and, except as provided in Section (2) of this agreement. upon

departure from Miles City or Terry. In the event it becomes necessary to

double crew such a train, and there are available at Glendive extra

trainmen called at Mandan for extra or special passenger service out of

Glendive, such trainmen will, except

138

as provided in Section (2) of this agreement, be used on such double crew. In the event extra trainmen called at Mandan for extra or special passenger service out of Glendive are not available qt Glendive for such service. Third Subdivision extra trainmen at Glendive equipped for passenger service will, except as provided i-Ai Section (2) of this agreement, be used on such double crew.

(4) When it becomes necessary to detour a westbound rezular passenger train via the CMSTP &P RR at Terrv or Miles City, the first out available trainmen at Glendive regularly assigned to passenger service between Glendive and Billings will be used to handle train out of Glendive and, except as provided in Section (5) of this agreement, will also be used to handle the detoured train on departure from Terry or Miles City. In the event it becomes necessary to double crew such a train. the second out available trainmen at Glendive regularly assigned to pagc;enger service between Glendive and Billings will. except as provided In Section (5) of this agreement, be used on such double crew. In the event the supply of available trainmen at Glendive who are regularly assigned to passenger service between Glendive and Billings becomes exhausted, Third Subdivision extra trainmen at Glendive equipped for pasi3enger service, will, except as provlded in Section (5) of this agreement, be used to man and, If necessary, double crew westbound regular passenger trains detoured via the Cmstpk-p RR at Terry or Miles City.

(5) It is understood and agreed If there are trainmen from divisions west of the Old Yellowstone Division available at Miles City or Terry who have handled eastbound Northern Pacific trains detoured over the CMSTP&P RR into these points, such trainmen may be used at the option of the Railway Company to man any or all we@tbound passenger trains detoured via the CMSTP&P RR at Miles City or Terry.

(6) ‘When it becomes necessary to detour an extra or special westbound

passenger train via the CMSTP&P RR at Terry or Miles City, Third

Subdivision extra trainmen at Glendive equipped for passenger service will

be used to handle the detoured train out of Glendive and, except as

provided in Section (5) of this agreement, will also be used to handle the

detoured train on departure from Terry or Miles City. In the event it

becomes necessary to double crew i3uch a train, Third Subdivision

139

extra trainmen at Glendive equipped for passenger service will, except as provided in Section (5) of this agreement, be used on such double crew.

v

(7) When it becomes necessary to detour an eastbound regular passenger train via the G.N. Ry. at Sidney, the first out trainmen at Glendive regularly assigned to passenger service between Mandan and Glendive will, If available under the Hours of Service Law and except as hereinbelow provided and as provided in Section (8) of this agreement, be used to handle train out of Glendive and upon departure from Sidney. If the Railway Company elects to exercise the option provided for in Section (8) of this agreement, such train will be manned between Glendive and Sidney by the first out available trainmen at Glendive regularly assigned to passenger service between Glendive and Billings. In the event it becomes necessary to double crew such a train, trainmen regularly assigned to passenger service between Glendive and Billings will, except as provided in Section (8) of this agreement, be used on such double crew.

When and If the supply of available trainmen at

Glendive who are regularly assigned to passenger service between Mandan and

Glendive becomes exhausted, the first out available trainmen at Glendive

regularly assigned to passenger service between Glendive and Billings will

be used to handle train

out of Glendive and, except as provided in Section

(8) of this agreement, will also be used to handle

the detoured train on departure from Sidney. In

such a case the second out available trainmen at Glendive regularly assigned to passenger service between Glendive and Billings will, if the train is double crewed and except as provided in Section (8) of this agreement, be used on such double crew. When and If the supply of available trainmen at Glendive who are regularly assigned to passenger service between Glendive and Billings becomes exhausted, Third Subdivision extra trainmen at Glendive equipped for passenger service will, except as provided for In Section (8) of this agreement, be used to perform the service that otherwise would be performed by trainmen regularly assigned to passenger service between Glendive and Billings under this Section (7).

(8) It Is understood and agreed if there are trainmen from divisions east

of the Yellowstone Division available at Sidney who have handled westbound

Northern Pacific trains detoured over the

140

G.N. Ry., into this point, such trainmen may be used at the option of the Railway Company to man any or all eastbound passenger trains detoured via the G.N. Ry., at Sidney.

(9) When it becomes necessary to detour an extra or special eastbound passenger train via the G. N. Ry. at Sidney and there is available at Glen. dive trainmen called at Mandan for extra or special passenger service out of Glendive such trainmen will, except as provided in Section (8) of this agreement, be used to handle train out of Glendive and upon departure from Sidney. In the event the Railway Company elects to exercise the option provided for in Section (8) of this agreement, such trains will be manned by Third Subdivision extra trainmen at Glendive equipped for passenger service from Glendive to Sidney. Should there not be tminmen available at Glendive called at Mandan for extra or special passenger service out of Glendive, Third Subdivision extra trainmen at Glendive equipped for passenger service, will be used to handle train out of Glendive and, except as provided in Section (8) of this agreement, will also be used to handle the detoured train on departure from Sidney. In the event it is necessary to double crew such a train, extra trainmen at Glendive equipped for passenger service will, except as provided In Section (8) of this agreement, be used on such double crew.

(I 0) when it becomes necessary to detour a westbound regular passenger train from Glendive via the G.N. Ry., at Sidney, the first out available trainmen at Glendive regularly assigned to passenger service between Glendive and Billings will be used to handle the train out of Glendive and, except as provided in Section (11) of this agreement, will also be used to handle the train on departure from Sidney. In the event it becomes necessary to double crew such a train, the second out available trainmen at Glendive regularly assigned to passenger service between Glendive and Billings will, except as provided In Section (11) of this agreement, be used on such double crew. In the event the supply of available trainmen at Glendive who are regularly assigned t6 passenger service between Glendive and Billings becomes exhausted, Third Subdivision extra trainmen at Glendive equipped for passenger service will, except as provided In Section (11) of this agreement, be used to man and, if necessary, double crew such a train.

iii

(11) It is understood and agreed if there are trainmen from divisions west of the Old Yellowstone Division available at Sidney who have handled eastbound Northern Pacific trains detoured over the G.N. Ry. into that point, such trainmen may be used at the option of the Railway Company to man any or all westbound passenger trains detoured via the G.N. Ry. at Sidney.

(12)When it becomes necessary to detour an

extra or special westbound passenger train via the

G.N. Ry. at Sidney, Third Subdivision trainmen at

Glendive equipped for passenger service, will be

used to handle the detoured train out of Gleadive and, except as provided in Section (11) of this agreement, will also be used to handle the detoured train on departure from Sidney. In the event it becomes necessary to double crew a westbound extra or special passenger train detoured via the G.N. Ry. at Sidney, Third Subdivision extra trainmen at Glendive equipped for passenger service, will, except as provided in Section (11) of this agreement, be used on such double crew.

This agreement becomes effective May 1, 1948 and may be terminated by either party signatory hereto upon 30 days notice to the other party.

For the Brotherhood of Railroad Trainmen:

By P. K. BYERS,

General Chairman.

For the Northern Pacific Railway Company:

By C. V. BERGLUND,

General Manager.

0

DECEMBER 299 1948

MEMORANDUM OF AGREEMENT between the Northern Pacific Railway Company and its employes represented by the Order of Railway Conductors and the Brotherhood of Railroad Trainmen with respect to the Railway Company participating in the cost of uniforms worn by conductors and brakemen in passenger train service.

Pursuant to Section l(d) of Agreement signed at Chicago, Illinois, December

12, 1947 by and between the participating carriers represented by the

Eastern, Western and Southeastern Carriers’

142

Conference Committees and employee represented bY the Order of Railway Conductori3 and the Brotherhood of Railroad Trainmen through their Conference Committees, the following is agreed to:

1. Uniforms to be worn while on duty by conductors and brakemen In passenger train service, hereinafter referred to as employee, shall be as prescribed for passenger conductors and brakemen in the "Regulationi3 and Speciflcations Governing Dress of Train Service Employes, Dining Car Employes and Station Agents While on Duty". effective August 1, 1947, and shall be subject to change at the option of the Railway Company.

2. The Railway Company wiII participate in the cost of the prescribed uniform required to be worn by conductors and brakemen in pasi3enger train service in the manner and to the extent set forth in this Section 2.

(a) The designated officer of the Railway Company together with the General Chairman, General Committee of AdJustment of the Order of Railway Conductors and the Chairman, @neral Grievance Committee of the Brotherhood of Railroad Trainmen will consult the clothier designated by the Railway Company in January of each year to determine the cost of a uniform suit of sixteen ounce serge material as currently specified in the "Regulations and Specifications Governing Drei3s for Train Service Employes" (or such material as may hereafter be specified in lieu of same) consisting of a coat, vest and two pairs of trousers.

(b) One-half of the cost of such uniform suit as determined in the manner set forth In paragraph (a) of this section will be divided by 54,000 (4500 miles per month for 12 months) to establish the rate per mile at which the Railway Company will participate in the cost of uniforms for that ralendar year.

(c) Each employe required to wear the prescribed uniform in passenger train service will be paid by voucher at the end of each calendar year at the rate per mile established in the manner set forth in paragraph (b) of this section for actual miles run, computed on timetable distances, in passenger train service during such calendar year, except as otherwise provided in subparagraphs (c-

1) to (c-5) inclusive hereof.

(c-1.) On runs of less than 150 miles in unassigned passenger service, or

on regular passenger assignments scheduled daily, for which a

143

minimum passenger day is allowed under schedule rules, employes will in lieu of actual miles run be credited with 150 miles for each such run as applying to the entire trip or day’s service.

(c-2.) On a regular passenger assignment not scheduled daily where the mileage of such assignment, computed on timetable distances, is less than 4500 miles per month, employes will in lieu of actual miles run be credited with 4500 miles divided by the number of trips called for in the assignment during the calendar month for each trip made on such assignment.

Example:

Time card miles per day 122.2

Number of days assigned to work

in a month 26

Mileage (26 x 122.2) 3177.2

Employe will be credited with 4500 miles

divided by 26 or 173.0 miles per trip.

(c-3.) When employes required to wear the prescribed uniform are deadheaded under pay to go into passenger service or to make a trip in passenger service, or are deadheaded under pay returning from such service, they will be credited with raileage deadheaded as provided in this sub-paragraph (c-3). On such deadhead trips of 150 miles or more, employes will be credited with actual miles deadheaded. On such deadhead trips of less than 150 miles for which 150 miles are paid, employes will be credited with 150 miles. On such deadhead trips of less than 150 miles for which less than 150 miles are paid, employes will be credited with miles equal to the miles paid for deadheading. Employes will not be credited with mileage for deadheading in cases where deadheading is not payable under schedule rules.

(c-4.) Employes on a passenger run paid other than passenger rates because of the type of service performed will be credited with the mileage of such run for the purpose of this agreement. When the prescribed uniform is required to be worn in mixed train service, actual miles run in such service will be credited as miles run under this agreement, subject to the mileage minima provided for in subparagraphs (c-1) and (c-2).

(c-5.) An employe having mileage credited to him and whose service is

terminated before the end of the calendar year will be paid the amount due

144

him under the terms of this agreement at the earliest practicable time after the termination of his service.

(d) The Railway Company will supply without cost to employes who have provided themselves with the prescribed uniform, the prescribed uniform cap and badge, uniform buttons or shells, and service insignia prescribed to be worn upon such uniform. When employes on mixed train runs are required to wear uniform caps only and are not required to wear uniforms the Railway Company will supply the required caps and badges without cost to such employes. The cost of such accessories will not be computed in determining the cost of a uniform under the provisions of Section 2 (a).

(e) The Railway Company will not participate

in the cost of substitute or optional articles of uni-

form.

(f) The payment provided for in paragraph ©

of this Section 2 shall constitute full payment for

the Railway Company’s participation in the cost of uniforms during each calendar year regardless of the number of uniforms an employe may elect to purchase or may be required to purchase during any calendar year.

3. Employes will assume and pay the entire cost of shirts, collars, neckties and shoes prescribed by the Railway Company to be worn with such unif orm.

4. (a) To the end that uniforms will present a neat appearance, the employes agree to keep them properly cleaned and neatly pressed at all times at their own expense.

(b) Employes shall be required to procure a new uniform when the condition of the old uniform becomes such the management determines that it should be replaced.

(c) When it becomes necessary to replace an article of uniform such as a coat, vest or trousers, a complete new uniform will be purchased.

(d) Employes agree to provide themselves with an adequate supply of shirts, collars, ties and shoes as required to be worn as part of the prescribed uniform and to keep such articles in neat and presentable condition at all times while on duty.

5. Nothing contained in this agreement shall restrict the right of the Railway Company to designate the passenger or mixed train runs on which employes will be required to wear the pre-

146

scribed uniform, or the right to change suebl desig. nation from time to time. The allowances provided for in this agreement will apply only on ruus on which employes are required to wear the prescribed uniform.

6. Nothing herein contained shall be construed as modifying or changing schedule rules or agreements, or the Railway Company’s rules or regulations except as herein specifically provided for.

7.This agreement shall be effective on and

after January 1, 1949 and shall continue in full

force and effect until amended or canceled in the

manner provided for in the Railway Labor Act as amended.

For Order of Railway Conductors:

E. M. HELGESON,

General Chairman,

General Committee of Adjustment.

For Brotherhood of Railroad Trainmen:

P. K. BYERS,

Chairman,

General Grievance Committee.

For Northern Pacific Railway Company:

H. W. McCAULEY,

Chief of Personnel.

APRIL 79 1949

MR. L. C. MALONE

Vice President, B. of R. T.

C/o Mr. P. K. Byers, Chairman

GeneraI Grievance Committee

Brotherhood of Railroad Trainmen

317 Empire Bank Building

St. Paul, Minnesota

MR. P. K. BYERS, Chairman

General Grievance Committee

Brotherhood of Railroad Trainmen

317 Empire Bank Building

St. Paul, Minnesota

Gentlemen:

Referring to Mr. MaIone’s letter of December 28,

1948 and previous correspondence concerning ap-

plication of Rule 109 (f) of the Train and Yardmen’s

Schedule:

The subject matter of this correspondence has

been discussed In conference with you on various

146

occasions and was again discussed with you on

April 4.

Rule 109 (f) of the Train and Yardmen’s Schedule

provides as follows:

"Rule 109. (f) In the RPPointment of yardmasters and assistant yardmasters, the oldest qualified yardman shall be considered."

In letter dated February 15, 1945 and ;a a supplemental letter dated March 14, 1945 addressed to General Managers W. W. Judson and F. R. Bartles, instructions were issued by foi-iji(!r Chief of Personnel M. J. Byrnes, which lnstruct:uiis were approved by former General Chairman V. 11. Furst, concerning application of Rule 109(f).

You have submitted a request that the lnsi riictions issued by Mr. Byrnes

on February 15’.@nd March 14, 1945 be canceled and that a rei@ised

understanding concerning application of R-Lile 109(f) be agreed upon. In

order to dispose of this request, the following is agreed to with respect

to yardmen who have not acquired seniority as yardmasters and who are

qualified and desire consideration In appointment of yardmasters or

assistant yardmasters under Rule 109(f) of the Train and Yardmen’s

Schedule, when employes who have

established seniority as yardmasters are not avail.-%ble for such work.

(1) Instructions issued by Mr. Byrnes in his letters of February 15 and March 14, 1945 hereinabove referred to concerning application of Rule 109

(f) of the Train and Yardmen’s Schedule with respect to the manner in which yardmen will be given consideration in appointment of yardmasters and assistant yardmasters, are hereby canceled and the present lists showing names of yardmen desiring yardmasters’ work will become null and void effective as of May 1, 1949.

I

(2) Notice addressed to yardmen reading as

follows will be posted as of April 15, 1949 on

bulletin boards at each yard where yardmen are

employed.

"The present list showing names of yard. men who desire yardmasters’ work

will become null and void effective as of May 1, 1949

147

and In lieu thereof a new list is to be prepared which will govern effective as of May 1. 1949.

Yardmen who have not acquired yardmasters’ seniority and who desire to perform yardmasters’ WGrk will advise the General Yardmaster (or the yardmaster in charge where there is no General Yardmaster) in writing of their desire to perform such work before 12:00 midnight April 30, 1949. Yardmen will submit their applications in duplicate and one copy stamped with the yard office stamp to show the date received will be returned to the applicant as acknowledgment of receipt of his application.

The names of yardmen who on or before April 30, 1949 signify their desire to perform yardmasters’ work will be placed on a list of yardman desiring yardmasters’ work in the order of their seniority as yardmen and to the extent that they are available will be required to accept yardmasters’ work when men with yardmasters’ seniority are not available. Yardmen who signify their desire to perform yardmasters’ work, will, If they are not disqualified for cause, be required to accept such work in line with their standing on such list where and when their services are required provided that the performance of such work does not entail loss of eight hours compensation on the day of transfer to a yardmaster’s position except when other qualified men are not available to perform such work.

Yardmen whose names appear on the list of those who have signified their desire to per. form yardmasters’ work pursuant to the notice posted April 15, 1949 will not be required to submlt new applications when notice is posted In the following year or In subsequent years but will retain their names on the list unless disqualified for cause until such time as they give notice In writing that they no longer desire to perform yardmaster work. Such notice shall be made In duplicate and one copy will be stamped with the yard ofece stamp showing date received and will be returned to the sender for his record.

248

Yardmen who do not, within the time herein Prescribed, advise the General Yardmaster (or the yardmaster In charge where there to no General Yardmaster) in writing of their desire to perform yardmasters’ work will not be en. titled to consideration In the appointment of yardmasters or assistant yardmasters."

(3) Yardmen who do not signify in writing their desire to perform yardmasters’ work in re. sponse to the notice posted April 15, 1949 may between April 15 and April 30, 1950, and within the same periods in the following years in response to a notice which will be posted each subsequent year during the period April 15 to 30, advise the General Yardmaster (or the yardmaster in charge where there is no General Yardmaster) in writing that they desire to perform yardmasters’ work, and the names of such yardmen will be placed on the list of yardmen who desire to perform yardmasters’ work In the order of their seniority as yardmen.

(4) Any yardman whose name appears on the list of those who have signified their desire to perform yardmasters’ work and who when available declines to accept such work will have his name removed from such list and will not be entitled to consideration in the appointment of yardmasters or assistant yardmasters. This will not restrict such yardmen from making application for yardmasters’ work when notice is posted in the following or any subsequent years.

(5) A yardman unavoidably prevented from advising the General Yardmaster (or the yardmaster In charge where there is no General Yardmaster) in writing of his desire to perform yardmasters’ work within the period bereinabove provided for, or a yardman on leave of absence or assigned to other duties, or in military service, may within thirty calendar days after his return to service as yardman, make written request that his name be placed on the list of yardmen desiring yardmasters’ work. Should such yardman request that his name be placed on the list of yardmen desiring yardmasters’ work, his name will be placed on such list In the order of his seniority as a yardman.

(6) The contents of this letter including the notice which is to be posted on April 15, 1949, shall constitute an agreement as to the manner in which Rule 109(f) of the current Train and Yardmen’s Schedule shall be applied and shall continue in

149

affect untik changed in accordance with the procedure prescribed in the

Railway Labor Act, as

amended.

Yours truly,

H. W. McCAULEY,

Chi,ef of Personnel

AGREED TO:

P. K. BYERS,

Chairman,

General Grievance Committee,

Brotherhood of Railroad Trainmen.

R. G. BAKER,

Vice Chairman,

General Grievance Committee,

Brotherhood of Railroad Trainmen.

APPROVED:

L. C. MALONE,

Vice President,

Brotherhood of Railroad Trainmen.

0

MAY 10, 1950

MEMORANDUM OF AGREEMENT between the Northern Pacific Railway Company and Brotherhood of Railroad Trainmen covering the manning of selfpropelled machines as hereinafter provided for.

It is agreed that effective. May 10, 1950, the following provisions will govern the use of road brakemen In the use and operation of self-propelled macfiines hereinafter described; that the provisions of this agreement will apply only in territories in which this class of employes has the right to perform work train service under existing agreements; that such employes when used to man self-propelled machines under the terms of this agreement will be governed by the rules and rates of pay applicable to work train service and that extra men will be used for such service when such service is unassigned.

SECUON I

1. This section will apply to any self-propelled roadway machine such as a locomotive crane, pile driver, rail (Burro) crane, etc., which Is equipped with flanged wheels for operation on the rails of

iso

standard railroad tracks and with standar brakes and standard railroad couplers and has sufficient tractive power to draw or propel and one or more standard railroad cars, herel referred to in this section as such machine.

2. Such machine when used or operated its own power with or without cars on trac this Company will be manned by one brakema Ject to the exceptions in paragraph 3 of this S

I.

3. The Railway Company at its option ma or operate such machine without using a brak under the following conditions:

(a) ‘"’hen such machine is used or op with or without cars on a track or tracks have not been placed in service.

(b) When such machine is used or op with or without cars on a track or tracks which been permanently taken out of service.

(e) ‘"hen such machine is used or op with or without cars on a track or tracks service provided that cars are not switched one track to another. The phrase "track or t not in service" which applies to either main or than main tracks, is not intended to apply to track taken out of service for the sole purp performing maintenance of way work, but sh ply to main track over which trains or engines not been operated for a period of fifteen (15) or more.

Note: The operation of trains to perform train service on tracks that have not been pla service or on tracks that have been taken o service or are not in service as specified in an tions (a). (b) and (c) above will not be cons as having placed such tracks in service.

(d) When such machine Is a part of a

manned by train service employes.

(e) When such machine is detached tr

work train to be used or operated under It power with or without cars in connection with that is being performed by the work train.

(f) When such machine Is placed on a other than a main track by a crew as provid in paragraph 2 of this section or by a tra

(g) When such machine is placed on a main track by a crew as provided for in paragraph 2 of this section or by a train or engine manned by train service employes at a location where such machine Is to be used or operated, such machine may be used or operated on such main track under its owil power provided that cars are not moved or switches are not operated by other than train service employes for the movement of such machine and provided that trains are not normally operated on more than two days per week over the portion of the main track on which such machine is used or operated under the provisions of this paragraph (g).

. (h) When such machine Is used or operated with or without cars for the purpose of loading and/or unloading cinders, coal, sand or Company matertal, or for the purpose of handling heavy material in connection with car repair or material yards, (not including the Tie Treating Plant at Paradise) roundhouse or shop operation or maintenance, when the use or operation of such machine is confined exclusively to car repair, material yard, roundhouse or shop yard tracks. When so used or operated, such machine may pick up cars first out to be loaded or unloaded, and may dispose of the cars on any of such tracks provided that such cars are placed on and removed from such tracks by an engine or train manned by train service employes.

emp oyes.

(1) When used or operated at the Tie Treating Plant at Paradise or similar installations, such machine may be used or operated on any track, with or without cars, provided that cars are not switched from one track to another by such machine in connectidn with such use or operation.

(J) When such machine Is used or operated In connection with the operation or maintenance of rock quarries, sand or gravel pits or gravel or ballast processing plants, concrete mixing plants or other similar installations, such machine may be used or operated on any track provided that cars are not switched from one track to another. Such machine with cars attached may move from one track to another provided that such movements are necessary in processing the product of the plant.

e p an .

Note: The phrase 4’used or operated" as used in this agreement means the actual use or operation of such machine to perforrn work and shall not be construed as applicable when such machine is tied up.

152

For the purpose of this agreement tenders and/ or boom or Idler cars, or cars on which equipment or supplies are carried and used in lieu of boom or Idler cars, are a part of such machine and may be moved by such machine to the extent that such machine Itself may be moved under the terms of this agreement and may be cut off and/or coupled to and r moved b such machine.

to and/or moved by such machine.

SEMON H

1. This section will apply to any self-propelle roadway machine such as a rail detector car (in cluding tow car), weed burner, scarifier, etc. equipped with flanged wheels for operation on th rails of standard railroad tracks, and which is no equipped with standard air brakes and/or standar railroad couplers, and not equipped with a perma nently affixed raising or lifting device, and is o such size and weight that it cannot be remove from the track, hereinafter referred to In thi section as such machine.

2. When such machine Is used or operated o track under Its own power to perform the type o work for which it is designed and built, such a testing rails in the case of a rail detector car burning weeds In the case of a weed burner, etc., on main line or when so used or operated on brane lines when four (4) or more trains are normall operated in twenty-four hours over the portion o such branch line on which such machine is so use or operated, one brakeman will be used with suc machine subject to the exceptions in paragraph 6 o this Section II.

3. When such machine is so used or operate on a branch line when less than four (4) train are normally operated in twenty-four hours ove the portion of the branch line on which such ma chine is so used or operated, use of a brakeman wit such machine will not be required.

Note: Work trains engaged in construction, re pair or maintenance work or In wrecking servic will not be counted in determining the number o trains normally operated in twenty-four hours.

4. When such machine Is operated under it own power on main line or on branch line and I not used to perform the work for which It is de signed and built on main track, use of a brakema with such machine will not be required.

Note: When such machine is operated under th provisions of paragraph 4 of

this Section 11, suc

machine may perform the work for which it is designed and built on tracks other than main track.

5. "Main line" as used and referred to in this agreement is the main track (or main tracks in multiple track territory) of the Second and Third Sub-Divisions of the Lake Superior Division; the First and Second Sub-Divisions of the St. Paul Division; the First and Second Sub-Divisions of the Fargo Division; the First, Second, Third, Fourth and Fifth Sub-Divisions of the Yellowstone Division; the INrst, Second, Third, Fourth, Fifth and Sixth Sub-Divisions of the Rocky Mountain Division; the First, Second and Third Sub-Divisions of the Idaho Division; and the First, Second and Third Sub-Divisions of the Tacoma Division, as presently constituted. "Branch line" as used and referred to in this agreement is the main track of all Sub-Divisions as presently constituted that are not specified in the preceding sentence.

6. The Railway Company at its option may use or operate such machine without using a brakeman under the following conditions:

(a) When such machine is used or operated on a track or tracks which have not been placed in service.

(b) When such machine Is used nr operated on a track or tracks which have been permanently taken out of service.

(c) When such machine Is used or operated on a track or tracks not in service. The phrase "track or tracks not in service" which applies to eitheimain or other than main tracks, is not intended to apply to main track taken out of service for the sole purpose of performing maintenance of way work, but shall apply to main track over which trains or engines have not been operated for a period of fifteen (15) days or more.

Note: The operation of trains to perform work train service on tracks that have not been placed in service or on tracks that have been taken out of service or are not in service as specified in SubSections (a), (b) and (c) above will not be construed as having placed such tracks in service.

SECTION 11[l

1. This section will apply to any self-propelled roadway machine, equipped with flanged wheels for operation on the rails of standard railroad track, but not equipped with standard air brakes and/or

154

standard railroad cou’plers, and which is of such size and weight that it cannot be removed from the track without the aid of a device specially designed for that purpose hereinafter referred to as such machine. Such a device shall not be construed to mean extension handles or lifting bars or other similar equipment commonly applied to track motor cars, and otber types of roadway equipment or machines.

2.When such machine is used or operated on

track under its own power to perform the work for

which it is designed and built, and the use of such

machine on main track is confined to a section of track protected in accordance with requirements of Rule 99 (M), Operating Rules-General Instructions, Special Rules for Track and Bridge and Building Foremen and Employes and Operators of Track Cars, by the maintenance of way gang that is using such machine, or when such machine is being moved on main track from or to the nearest station or point at which it is practicable to unload It from or load it onto a standard railroad car and the location where such work is performed, and movement of such machine is protected in accordance with the requirements of said Rule 99 (M) by such maintenance of way gang, the Railway Company may at its option use or operate such machine without using a brakeman.

3. Except when used or operated as provided for in paragraph 2 of this section and subject to the exceptions enumerated in paragraph 3 of Section II of this agreement, such machine if moved under Its own power over the road on main track may be so moved without usin a brakeman.

SECMON IV

1. This section will apply to self-propel] official inspection cars equipped with flanged whe for operation on the rails of standard railro tracks as distinguished from light weight inspecti cars commonly referred to as track motor cars.

2. When officers@ inspection cars which cann readily be r-emoved from the track such as Bu inspection car presently designated as No. B-61 a Fairmont Inspection cars presently designated Nos. B-62, B-63 and B-65, or cars of the same ty or of the same general characteristics, are operat on main track of main or branch line, sucb m

main

chines may be so operated without using a brak man.

S. The Railway Company at its option may u or operate offtcers’ Inspection cars which a equipped with flanged wheels and pneumatic tir and with a hydraulic Jack or turntable, or oth similar lifting device, of the automobile type such Ford inspection cars presently designated as N B-64, Nos. B-67 to B-72 and Nos. B-77 to B-78, a Pontiac inspection car presently designated as B-76, which are now in service, or cars of the sa type or of the same general characteristics, on ma track of main or branch lines or on any trac auxiliary or appurtenant thereto, without using brakeman.

au ary or appurtenant t ereto, wit out using

bra eman.

SECTION V

When more than one self-propelled machine a defined in Sections 1, 11 and III of this agreement i used on one and the same job, alternately or simu tan,eously, when the use of a crew is required unde the terms of this agreement, only one crew will b required provided that such two or more machin are used or ODerated in a manner that will permi one crew to perform necessary switching and/or t clear trains at the same station or location.

SECTION VI

It is understood and agreed that except a specifically provided for in this agreement, the Rai way Company may at its option operate self-pr pelled or non-self-propelled roadway machines with out using brakeman in connection with suc operation.

out ui;ing brakeman in connection with such operation.

SECTION VII

Nothing contained herein shall be construed as requiring the use of a brakeman on such machine as defined in this agreement when such machine is operated on tracks of this Company by employes of another company under a lease or trackage right agreement, provided that such machine is not used to perform work train service in territories in which the proviisions of this agreement are applicable.

SEMON VIU

Nothing contained herein shall be construed as changing, modifying, or amending the agreement effective February 5, 1926 covering use of locomotive cranes and other self-propelled machines In yards where yardmen are employed.

SECTION TX

This agreement, entered into at St. Paul, Minne-

tered

sota this lot day of May, 19 5 0 shall become effect as of May 10, 1960 and shall remain thereafter effect subject to change in accordance with the p cedure prescribed by the Railway Labor Act, amended.

For the Northern Pacific Raflway Oom

By H. W. McCAULEY,

Chief of Personnel.

o

Chief of Personnel.

For the Brotherhood of ad Trainm

By P. K. BYERS,

General Chairman.

DECEMBER 16, 1951

AGREEMENT between the Northern Pacific Railway Company and the Order of Railway Conductors and Brotherhood of Railroad Trainmen covering the manning of freight trains detoured via the Great Northern Railway at Sidney when Northern Pacific conductors and trainmen are used to handle such trains on that Railway.

(1) Should it become necessary to detour an. eastbound freight train via the Great Northern Railway at Sidney, the first out chain gang train crew at Glendive regularly assigned to pool freight service between Dickinson and Glendive will, it available under the HourB of Service Law, and except as provided in Section (2) of this agreement, be used to handle train out of Glendive and upon departure from Sidney. If the Railway Company elects to exercise the option provided for in Section (2) of this agreement, such train will be manned between Glendive and Sidney by the first out available chain gang train crew at Glendive regularly assigned to pool freight service between Gleadive and Forsyth. In the event it becomes necessary to double crew such a train, a chain gang train crew regularly assigned to pool freight service between Glendive and Forsyth will, except as provided in Section (2) of this agreement be used as such double crew.

When and if the supply of available chain gang train crewii at Glendive

regularly assigned to pool freight service between Dickirison and Gleniive

becomes exhausted, the iftrst out available chain gang crew at Glendive

regularly assigned to pool

ve rei

freight service between Glendive and Forsyth wi be used to handle train out of Glendive and exce as provided in Section (2) of this agreement wi also be used to handle the train upon del)artu from Sidney. In such a case, the second out avail ble chain gang train crew at Glendive regularl assigned to chain gang service between Glendi and Forsyth will, if the train is double crewed an except as provided in Section (2) of this agreeme be used as such double crew.

(2) It is understood and agreed if there a chain gang train crews from divisions east of Yellowstone Division available at Sidney who ha handled westbound Northern Pacific trains detoure over the Great Northern Railway into this poin such train crews may be used at the option of th Railway Company to man any or all eastboun freight trains detoured via the Great Northern Rai way at Sidney.

This agreement becomes effective January 1952, and may be terminated by either part signatory hereto serving 15 days’ notice to th other party.

For the Northern Pacific RaUway Compan

By C. H. BURGESS,

General Manager.

]For the Order of Railway Conductors:

By E. M. HELGESON,

General Chairman.

]For the Brotherhood of Railroad Trainxnen:

By P. K. BYERS,

General Chairman.

FEBRUARY 16, 1953

AGREEMENT covering the assignment of brakemen to Trains Nos. 25 and 26 between Butte and Paradise:

(1) Effective March 1, 1953 four (4) brakemen will be regularly assigned to handle Trains Nos. 25 and 26 between Butte and Paradise and will operate as follows: Two brakemen designated as crew "A" will handle Train No. 25 Missoula to Paradise the first day; Train No. 26 Paradise to Butte and Train No. 25 Butte to Paradise the second day; Train No. 26 Paradise to Butte and Train No. 25 Butte to Missoula the third day, laying over at Missoula until the departure of Train No. 25 the fifth day when they will again begin the cycle by

158

handling this train from Missoula to Paradise. Two brakemen designated as crew "B" will handle Train No. 26 Paradise to Butte and Train No. 25 Butte to Missoula the first day laying over at Missoula until the departure of Train No. 25 the third day when they will handle that train Missoula to Paiadise, handle Train No. 26 Paradise to Butte add Train No. 25 Butte to Paradise the fourth day, a..id again begin the cycle by handling Train No.

26 Paradise to Butte and Train No. 25 Butte to

ara ise o u e an ra n 0. u e

Missoula the fifth day.

Brakemen handling Train No. 25 from Missoul

to Paradise will be allowed 70.8 actual miles plu six (6) mountain

constructive miles, a total allow auce of ‘i 6.8 miles at the brakemen’s

passenge mileage rate. Brakemen bandling Train No. 2 Paradise to Butte or

Train No. 25 Butte to Paradis will be allowed 190.8 actual miles plus six

(6 mountain constructive miles, a total allowance o 196.8 miles at the

brakemen’s passenger mileag rate. Brakemen handling Train No. 25 Butte t

Missoula will be allowed 120.0 actual miles at th

I

ssou a w e a owe

brakemen’s passenger mileage rate.

(2) In the event Train No. 25 Is so late in Paradise that the brakemen handling such train not arrive in time to handle Train No. 26 out Paradise, the Idaho Division brakemen handli Train No. 26 into Paradise will handle sucb tra east out of that point to the meeting point wi Train No. 25, change off with the brakemen on th train and then handle that train from such meeti point to Paradise. In no event will the Idaho vision brakemen handle Train No. 26 beyo Missoula. Idaho Division brakemen will be allow 150 miles plus any mountain constructive milea due at passenger brakemen’s mileage rate for ser ice performed on Train No. 26 from Paradise to point west of Missoula and on Train No. 25 fro the point west of Missoula to Paradise. In the eve Idaho Dii-ision brakemen handle Train No. 26 fro Paradise to Missoula they will handle delayed Tra No. 25 from Missoula to Paradise and wiI] allowed 150 miles plus six (6) mountain constru tive miles at brakemen’s passenger mileage rate each direction. A Rocky Mountain Division brak man wbo is relieved enroute between Missoula a Paradise account Train No. 25 being late, or w does not handle train No. 25 west of Missoula, w be allowed his assignment mileage for that date

(3) Under the terms of this agreement Missou

. actua m es at t

ter

will be the relief point for brakemen assigned to Trains Nos. 25 and 26.

A brakeman who lays off at Missoula on the arrival of either Train No. 25 or Train No. 26 will be allowed actual mileage run plus any mountain constructive mileage due for service performed on trip and the extra brakeman relieving the regular brakeman will also be allowed actual mileage run plus any mountain constructive mileage due for the trip. The same allowances will apply when the regular brakeman resumes service by relieving the extra brakeman at Missoula.

(4) Under the terms of this agreement Butte will be the home terminal for brakemen assigned to Trains Nos. 25 and 26 between Butte and Paradise and such assignments will be bulletined in conformity with the provisions of Rule 89, Train and Yardmen’s Schedule. However, a brakeman exercising displacement rights and a brakeman receiving one of these assignments by bulletin will take service at Missoula on Train No. 25. A brakeman giving up an assignment on Trains Nos. 25 and 26 between Butte and Paradise will do so at Missoula upon arrival of Train No. 25. Regular and extra brakemen covered by this section will be allowed actual mileage run plus any mountain constructive mileage due for the trip involved.

(5) It is understood and agreed there will be no allowance made to brakemen as result of any deadheading that may be necessary to place this agreemexlt into effect.

(6) It is ali3o understood and agreed this agreement may be canceled at any time without further negotiation by either of the parties signatory hereto serving ten (10) days’ notice on the other party. It is further understood and agreed that in the event there is a change in schedule of any of the trains involved in this agreement as a result of which this agreement would become inoperative, the agreement will be automatically canceled at the time such change in schedule becomes effective. Upon termination of this agreement schedule rules applicable to brakemen handling Trains Nos. 25 and 26 between Butte and Paradise with Butte as the homd terminal will again be In full force and effect. For the Brotherhood of R&UrosLd Tr@men:

P. K. BYERS,

General Chairman.

For the Northern Paciftc R&ilway Company:

H. W. McCAULEY,

Chief of Personnel.

160

No ER 11, 1952

AGREEMENT covering the assignment Of brakemen to Traini3 Nos. 1 and 2 between Billings and Helena in order to establish Livingston as the home terminal and relief point for brakemen so assigned.

1. Effective November 16, 1952 six brakemen will be regularly ai3signed to handle Trains Nos. 1 and 2 between Billings and Helena and will operate as follows: Two brakemen designated as Crew "A’$ will handle Train No. 1 Livingston to Helena and Train No. 2 Helena to Livingston the first day;

Train No. 2 Livingston to Billings the i3econd day; Train No. 1 Billings to Livingston the third day, and again begin the cycle by handling TraiuB Nos. 1 and 2 between Livingston and Helena the fourth day. Two brakemen designated as Crew "B" will handle Train No. 1 Billingi3 to Livingston the first day; Train No. I Livingston to Helena and Train No. 2 Helena to Livingston the second day; Train No. 2 Livingston to Billings the third day, and again begin the cycle by handling Train No. 1 Billings to Livingston the fourth day. Two brakemen designated as Crew "C" will handle Train No. 2 Livingston to Billings the first day; Train No. 1 Billings to Livingston the second day; Train No. 1 Livingston to Helena and Train No. 2 Helena to Livingston the third day, and again begin the cycle by handling Train No. 2 Livingston to Billings on the fourth day.

Except as provided In Section 2 of this agreement brakemen handling Trains Nos. 1 and 2 between Billings and Helena under the provisioni3 of this Section 1 will be compeni3ated as follows: Train No. I Livingston to Helena, 122.8 actual miles plus six (6) mountain constructive miles, total allowance 128.8 miles at the brakemen’s passenger mileage rate. Train No. 2 Helena to Livingston, 122.8 actual miles plus six (6) mountain constructive mileb, total allowance 129.8 miles at the brakemen’s passenger mileage rate. Train No. 2 Living5ton to Billings 115.7 actual miles at the brakemen’s passenger rate. Train No. 1 Billings to Livingston, 115.7 actual miles at the brakemen’s pai3senger mileage rate.

2. In the event Train No. 1 is so late into Helena that the brakemen handling such train do not arrive in time to bandle Train No. 2 out of Helena, the Old Rocky Mountain Division brakemen ban-

161

dlizig Train No. 2 into Helena will handle such train east out of that point to the meeting point with Train No. 1. change off with the brakemen on that train and then handle that train from such meeting point to Helena. In no event will the Old Rocky Mountain Division brakemen handle Train No. 2 beyond Livingston, In the event Old Rocky Mountain Division brakemen handle Train No. 2 Helena to Livingston, they will also handle delayed Tmin No. I Livingston to Helena. Old Rocky Mountain Division brakemen will be allowed actual mileage run with a minimum of 150 miles plus any mountain constructive mileage due at the brakemen’s passenger mileage rate for service performed on Nos. 2 and I between Helena and a point west of Livingston. If required to handle Train No. 2 from Helena to Livingston and Train No. 1 from Livingston to Helena they will be allowed 150 miles plus six (6) mountain constructive miles at the brakemen’s passenger mileage rate in each direction. Old Montana Division brakemen handling delayed No.

1 out of Livingston to the meeting point with Train No. 2 between

Livingston and Helena and Train No. 2 from such meeting point to Livingston

will be allowed the mileage of their assignment Liviugston to Helena and

return, viz., 245.6 actual miles and twelve (12) mountain constructive

miles at the brakemen’s passenger mileage rate. Old Montana Division

brakemen who do not perform any service on Trains Nos. I and 2 between

Livingston and Helena account Train No. I being so late they cannot depart

Livingston on that delayed train before arrival of TraJn No. 2 will be

allowed the mileage of their assignment Livingston to Helena and return,

viz., 245.6 actual miles and twelve (12) mountain constructive miles at the

brakemen’s

mountain constructive miles at the brakeme passenger mileage rate.

Note: It Is understood that if necessary to co ply with the Hours of Service Law the Old Roc Mountain Division brakemen laying over at Hele rather than the Old Rocky Mountain Division bra men arriving Helena on No.

2 may be used

men arriving Helena on No. 2 may be used handle such train out of Helena.

In the event Train No. 2 is so late Into Billi that the brakemen handling

such train do not ar in time to handle Train No. I out of Billings Old

Yellowstone Division brakemen handling Tr No. I into Billings will handle

such train west of that point to the meeting point with Train No

he br

and then handle that train from such meeting point to Billings. In no event will the Old YellowEtone Division brakemen handle Train No. 1 beyond Livingston. Old Yellowstone Division brakemen will be allowed actual mileage run with a minimum of 150 miles at the brakemen’s passenger mileage rate for service performed on No. 1 and return to Billings from a point east of Livingston. If required to handle Train No. I from Billings to Livingston they will be allowed 150 miles at the brakemen’s pas@enger mileage rate and 150 miles at brakemen’s passenger mileage rate for returning Livingstor, to Billings. Old Montana Division brakemen handling delayed No. 2 out of Livingston to the mee+in; in,)@iit with Train No. 1 between Livingston and Pi];, and Train No. I from such meeting point to Li@ i@gston will be allowed the mileage of their assignw3at Livingston to Billings and return, viz., 231.4 actual miles at the brakemen’s passenger mileage rate. (--)Id Montana Division brakemen who do not perf(iui any service on Trains Nos. 2 and I between Liviiigston and Billings account Train No. 2 being so late they cannot depart Livingston on that delayed train before arrival of Train No. 1 will be allowed the mileage of their assignment Livingston to Bil@iigs and return, viz., 231.4 actual miles at the brakemen’s passenger mileage rate.

Note: It is understood that if necessary to comply with the Hours of Service Law Old YellowstoTie Division brakemen laying over at Billings rather than the Old Yellowstone Division brakemen arri,ring Billings on No. 1 may be used to handle such train west out of Billings.

3. It is understood and agreed there will be no allowances made to brakemen as a reisult of any deadheading that may be necessary to place this agreement in effect.

4 (a) - It is understood and agreed that that part of Rule 6 6 (b) of the current Train and Yardmen’s Schedule reading-. "Billings for Montana Division passenger trainmen" is canceled for the duration of this agreement.

4(b). It is understood and agreed that that part

of Rule 66(b) reading: "Livingston for Montana

Division freight trainmen" will be for the duration

of this agreement changed to read "Livingston for Old Montana Division (territory between Billings and Helena and Butte)."

5. This agreement may be canceled at any time without further negotiation by either of the parties

163

hereto serving ten days written notice on the other @y. It is further understood and agreed that in the event there is a change in the schedule of any of the trains involved ixL this agreement as a result of which this agreement would become inoperative, the agreement will be automatically canceled at the Ume such change in schedule becomes effective. Upon termination of thia agreement schedule rules applicable to brakemen handling trains Nos. 1 and 2 between Billings and Helena with Billings as home terminal and relief point and Rule 66(b) as it appears ixi the current schedule for Train and Yardmen will again be in full f6rce and effect.

For the Brotherhood of Railroad Trainmen:

P. K. BYERS,

General Chairman.

For the Northern Pacific Railway Company:

H. W. McCAULEY,

Chief of Personnel.

0 0 0

DECEMBER 319 1951

MEMORANDUM OF AGREEMENT between the Northern Pacific Railway Company and the Brotherhood of Railroad Trainmen.

Pursuant to the provisions of Sections 13 and 14 of Article 3 of Agreement "A" dated May 25, 1951, by and between the Participating Carriers listed in Exhibits A, B and C, attached thereto, and represented by Eastern, Western and Southeastern Carriers’ Conference Committees, and the employes shown thereon and represented by the Brotherhood of Railroad Trainmen through their Conference Committee, the following is agreed to effective January 1, 1952:

1. When a regular yardman performs service as a relief yardmaster on the ai3signed day off of a regular yardmaster, on one or both of his assigned "days off’t in yard service, each "day off" so worked shall be deducted from the number of dayi3 such a yardman in entitled to work in yard service in the week following the "days off" period during which such service was performed and such a yardmau shall be required to lay off as yardman in ibuch work week for the number of "days off" so worked provided that such a yardman may be relieved by an extra yardman at straight time rate.

164

A yardman who has occupied a position as yardmaster with an assigned day off for six or more consecutive days, will not be permitted to exercise seniority as a yardman on the assigned day off of the position of yardmaster so occupied.

Note: The term yardmaster as used herein, shall Include positions of General Yardmaster, Assistant General Yardmaster, Yardmaster and Assistant Yardmaster.

2. A yardman in the status of an extra yardman will not be permitted to exercise seniority to work more than one straight time shift on any calendar day.

S. This Agreement supersedes and terminates the Memorandum of Agreement dated October 12, 1951 effective November 1, 1951, and shall continue In effect concurrently with the said Article 3 of the said Agreement "A", subject to change or termination on thirty (30) days notice in writing by either of the parties hereto.

For the Northern Pacific Railway Company:

H. W. McCAULEY,

Chief of Personnel.

For the Brotherhood of RaJlroad Tratnmen:

P. K. BYERS,

General Chairman.

0 0 0

MEMORANDUM OF UNDERSTANDING covering the application of the five day work week in yard service. Revised September 10, 1952.

Puri3uant to the provisions of Sections 13 and 14 of Article 3 of the

Agreement "A" dated May 25p 1951 by and between the participating Carriers

listed in Exhibits A, B and C attached thereto and represented by Eastern,

Western and Southeastern Carriers’ Conference Committees and the employee

shown thereon and represented by the Brotherhood of Railroad Trainmen

through their Conference Committee, the following understandings to

implement the purposes of the sald Article 3 with respect to the

application of the said Article 3 on the Northern Pacific Railway, are

agreed to, and any existing practices to the contrary are hereby

145

modified to,conform with the following: (Article 3 of Agreement appears in Rule 98.)

Section 1 (a). Application is self explanatory.

Section 1 (b) (1). The provisions of this section are not applicable to a strict seniority or mark-up board system such as is in effect on the Northern Pacific.

Section l(b)(2) (a). List all regular engine, pilot, herder and other assignments filled by yardmen, including regular single day yardmaster relief, and show the number of men required to fill such assignments on each of the days on which each engine or shift is assigned to work. Add the total number of man days required during a calendar week for each such engine or shift and show the total in a separate column on the right hand side of the page. After all known assignments for yard service employes have been so listed, show the total number of men required to work on each of the seven (7) days of the week and the total number of man days in the right hand column. Divide the total number of man days by five (5) to determine the number of men working flve (5) days per week that will be required to fill all jobs on the seven (7) days of the week and provide "days off" periods for the regular men. Indicate the number of regular men that will be required on each day of the week. (In the event that some of the assignments listed are 5 day assignments consult the following example before proceeding.) In the event that it will be necessary to use extra men on some days to afford the required number of "days off" periods, show one extra man day for each day on whicfi an extra man will be required beginning as closely as possible with Monday. Add the extra man days to the regular man days for each day of the week and the total will indicate the number of men needed on each day of the week to provide the required number of "days off". Subtract the number of jobs to be filled on each day of the week from the total number of men required on each day and the result will indicate the "days off" periods which may be assigned to employes in accordance with the provisions of Section 1(2) (b).

The following example shows the manner in which regular assignments, according to service requirements, will be listed in accordance with instructionb outlined above. Further examples are attached.

166

Example 1.

Assignment

6:30 AM I,Pa(i

7: 00 AM Gen. Sw

8:00 AM Industr

8:00 AM Ilerder

2:30 PM liead

3:00 PM Gen. S

4: 00 PM Indiistr

4: 00 PM Ilerder

6: 0 0 PM I’llot

10: 30 PM Lead

11:00 PM Gen. Sw 12:00 MN Industr Yardmaster Relief

Number of Yardmen Required - Per Day

Sun. Mon. Tues. Wed. Thurs. Fri.

3 3 3 3 3 3

3 3 3 3 3 3

3 3 3 3

3

3 3 3 3

1 1 1 1 1

3 4 4 4 4

3 3 3 3 3

3 3 3 3

1 1 1 1

1 1 1 1

3 4 4 4 4

3 3 a 3

3 3 3 3

1 1

ay.

Sat 3 3 3 1 4

Per Wee

Man Days

21

21

18

7

27

2 1 15 6 6 26 15 15 3 2 01

12:00 MN Industry 3 3 3 3 3 15

Yardmaster Relief 1 1 1 3

TOTAI, 17 33 32 32 32 32 23 201

201 man days divided by 5 Indicates that 40 regular men working 5 days per we and I extra man working 1 day per week will be required to fill all jobs on the 7 da of the week and provide 80 "days off" for the regular men.

However, there are now regular assignments (including the fourth man on the

10:30 PM Lead Engine) no

working 6 days per week with Saturday and Sunday as "days off". Deduct the 10 regular assignments on each ot the 6 days on which they work and the 60 man days represented thereby from the total.

Total Man Days 17 Ss 32 32 32 32 23

Man Days 6-day

assignments 10 10 10 10 10

Man Days 6 and 7

day assignments 17 23 22 22 22 22 23

201

6 0

15 I

As 10 of the 40 regular men required are now In 6-day service and have potential "days off". 30 regular men and 1 extra man working 1 day per week will be required to fill the assignments In 6 and 7 day service.

Regular men required 30 30

Extra men required

Total 6 and 7 day

0 3

Total an ay

service 30 30

Jobs to be filled 17 23

"Days off" 13 7

"See note below.

To determine the consecutive ‘

of potential "days off" on Sunday I

3 0 3 0 3 0

1 0

30 3 0

3 10 30 30 30 30

22 22 22 22 23

9 s 8 8 8 7

"days off" In 6 and 7 day service where the number

to greater than on the other days of the week, Satur-

day-Sunday and Sunday-Monday combinations should first be determined. In

the abo eiample- 2 7 men can be off on Saturday and Sunday, 6 on Sunday and

Mondays 8 o Tuesday and Wednesday and 8 on Thursday and Friday. This

combination leaves o potential day off on Monday. By using the extra man

required for one day on Tuesda one Monday-Tuesday "day off" period Is

established. The procedure outlined above

one Monday-Tuesday "day off" period Is establ shed. The procedur

Illustrated In the following example:

Sun. Mon. Tues. Wed. Thurs. Fri. 8

Days off In 6 and 7

day service is 7 go 8 8 8

Saturday and Sunday 7

Sunday and Monday 6 6

Monday and Tuesday I 10

Tuesday and Wednesday 8 8

Tuesday and Wednesday 8 8

Thursday and Friday 8 8

*Note: The assignment to be worked by an extra man for one day per week to p vide sufficient "days off" Is set up for Tuesday to combine with the one "day off" Monday left over after all possible consecutive "days off" periods were established.

The "days off" periods established as outlined above combined with the 10 Saturday-Sunday "days off" periods already existing for the 10 5-day per week assignments produce the required number of "days off" which may be assigned to employes in accordance with the provisions of Section 1(2)(b) as follows:

Saturday and Sunday 17 men 34 days

Sunday and Monday 6 " 12 ‘d

Monday and Tuesday 1 man 2

Tuesday and Wednesday 8 men 16

Thursday and Friday 8 41 16

17 men 34 days

11 cd

1 men

6 "

1 man

8 men

81

TOTAL 40 men 80 days

Where switchtenders are employed, a separate list for switchtenders should be compiled and "days off" periods established. See Example 5.

Note: When at an individual yard, the yardmaster relief work regularly performed by yardmen, included in the list of assignments filled by yardmen, is performed by regular yardmen on their days off, or by yardmen who work as a regular yardman and as a relief yardmaster on the same calendar day, the yardmaster relief days will be removed from the list of regular assignments and the regular assignments that will be in Pffect after such change has been made shall be relisted and the number of men required to fill such assignments shall be recalculated in accordance with the provisions of the foregoing section.

Section l(b)(2)(b). After "days off" periods have been assigned in accordance with the provisions of this section, a list of "days off" periods of regular employes will be compiled and posted.

Section l(b)(2)(c). For the purpose of carrying out the provisions of this section:

1. A vacancy in a "days off" period shall occur:

(1)when vacated as the result of an employe exercising seniority to another "days off" period, (2) when vacated as the result of termination of employment for any reason, including retirement under the provisions of the Railroad Retirement Act at an age earlier than age sixty-flve (65), or (3) when a regular yardman has been temporarily out of service as such for more than thirty (30) consecutive days.

2. A new assignment Is created when an additional engine or shift is assigned for more than

seven (7) consecutive days.

3.The "days off" periods shall be affected by

force reduction when an assigned engine or shift

170

is canceled or annulled for one day or more except that, when an assigned engine or shift is canceled or annulled by notice or bulletin for a period not exceeding three (3) consecutive days and the notice or bulletin canceling or annulling the assignment states that the assignment will be reestablished at the end of such period, such cancellation or annulment and reestablishment of an assignment shall not constitute a force reduction with respect to "days off" periods and the "days off" periods of yardmen affected thereby will remain unchanged.

4. When a new assignment is created or a force reduction occurs, the regular assignments that will be in effect after such change has been made shall be relisted and the number of men required to fill such assignments shall be recalculated in accordance with Section l(b)(2)(a) hereof and the examples attached hereto to determine the number of regular men that will be required and the "days off" periods that will exist after the change has been made. Assigned "days off" periods that are not affected by such change will remain unchanged except that yardmen may exercise seniority to another "days off" period as hereinafter provided for.

5. When vacancies occur In "days off" periods, such vacancies shall be bulletined for seniority preference by posting a notice on the 1:00 P.M. mark up, which will be held open until 1:00 P.M. of the third day following date of posting, during which time yardmen may make application in writing, signifying their choices of "days off" periods that are listed as vacant, and assignments of the senior applicants will be made upon expiration of the notice. Pending expiration of the notice, such vacancies shall be temporarily assigned to yardmen advanced to the status of regular yardmen as the result of such vacancies and in the event no applications are received, vacancies in "days off" periods upon expiration of the notice shall be assigned to the yardmen advanced to the status of regular yardmen in the order of their seniority choice.

6. If as the result of force reduction the number of "days off" periods available for assignment is reduced, yardmen affected thereby may exercise their seniority to another "days off" period and yardmen displaced from their "days off" period thereby may exercise their seniority to another "days off" period In the same manner. Seniority must be so exercised within twenty-four (24) hours of such reduction or displacement provided that

171

when the 24 hour period occurs on the "days off" of a yardman or while a yardman Is temporarily absent from duty, ouch a yardman may exercise his seniority to a "days off" period not later than on the day of his first service following his "days off" period or on the day of his return to duty as the case may be.

7. When a regular yardman who has been temporarily out of service as such for more than thirty (30) consecutive days and whose "days off" period has been declared vacant and reassigned in accordance with the foregoing provisions of this section returns to service, he shall exercise his seniority to a "days off" period at the time he marks up for service and junior employes displaced from their "days off" periods will exercise their seniority to another "days off" period as hereinabove pro-

vided for. -

Section l(b)(2)(d). Application is self-ex-

planatory.

Section 1 (3). Application Is self-explanatory.

Section 1(4). Applicationisself-explanatory.

Section 2. The term "work week" for regular

yardmen (switchtenders) shall mean a week beginning on the first calendar day following the assigned "days off" period.

The term "regular employe" means a yardman (switchtender) who has sufficient seniority to hold a regular engine or shift for five (5) days In a work week and a "days off " period on the basis of the number of engines or shifts regularly assigned.

When a regular yardman has been temporartiy out of service as such for more than thirty (30) consecutive days, the senior extra yardman will be advanced to the status of a regular yardman until the regular man out of service returns. In all other circumstances extra yardman filling vacancies or performing other extra service will retain their status as such.

The daily crew board mark-up will show the name of the junior regular yardman.

Section 3. The provision& of this section are not applicable under a strict seniority or mark-up board system, such as is In effect on the Northern Pacific, except the note under Section S(e) which may be applied to the establishment of "days off" periods if necessary to meet operational requirements.

Section 4. Provisions with respect to the establishment of nonconsecutive

days off are selfexplanatory and the accumulation of "days off" Is

172

covered by Memorandum of Agreement dated February 1, 1952.

Section 6. The provisions of thin section will zlot apply on the Northern Pacific so long as men do not hold common seniority in both road and yard service.

Section 6. Application Is self-explanatory.

Section 7. The provisions of this section will apply on the Nortbern Pacific as if written as follows:

(a) In the event a regular engine or shift is annulled for one day or more, yardmen affected thereby may exercise their seniority in accordance with applicable schedule rules.

(b)ln the event a regular engine or shift is

annulled for one day or more and such annulment

does not constitute a force reduction with respect

to the "days off" periods as provided in Section 1 (b) (2) (c) 3, a regular yardman who, because of his seniority standing, is unable to place himself on a regular engine or shift on the day or days on which the regular engine or shift is annulled, will revert to the status of an extra yardman on such day or days.

(c) In the event that a regular yardman who reverts to the status of an extra yardman under the provisions of paragraph (b) hereof, because of his seniority standing is unable to work as an extra yardman on one or more of the work days of his assigned "days off" period, he may if he so desires, revert to the status of aii extra yardman on the sixth and/or seventh day of his work. week to provide him an opportunity to work five (5) straight time shifts during his work week, provided: (1) that such yardman was available for work as an extra yardman and did not fall to mark up, or to respond when called for such work, on any or all of the days on which he was in the status of an extra yardman, and (2) that such service for the first eight (8) hours on such sixth and/or seventh days will be paid for at straight time rates until such yardman has worked five (5) straight time shifts in the work week of his "days off" period, wben he will resume the status of regular yardman, any service in excess of eight (8) hours on such days to be paid for under the overtime rules.

Section 8(l). The words, $’***and shall be understood to apply to regular

relief men, except that work performed by regular relief men on assignments

which conform with the provisions of Section 3 shall be paid for at the

straight time

e pal

rate." are not applicable under a strict seniority or mark-up board system such as is in effect on the Northern Pacific.

The application of the further provisions of

Section 8 areself-explanatory.

Section 9. In applying the provisions of this

section the phrase "*** employee having inter-

changeable yard and road rights ***" means an employe who transfers from road service to yard service, or vice versa, under the provisions of Rules 85 and 113 of the Schedule for Train and Yardmen.

Where extra work in yard service is performed by trainmen from the trainmen’s extra list by agreement, the last service rendered on which minimum vacation pay is based means the last road service rendered.

Section 10. Application is self-explanatory.

Section 11(a). The provisions of this section are not applicable under a strict seniority or markup board system such as is in effect on the Northern Pacific.

Section 11(b). The provisions of this section will apply on the Northern Pacific as if written as follows:

A regular yardman who selects another "days off" period will be permitted

to go on the "days off" period of his choice, and will take the conditions

of that "days off" period, but will not be permitted to work more than five

(5) straight time eight (8) hour shifts, as referred to in paragraph (d) of this section, in the work week of the "days off" period which he had at the time he made his choice; provided, however, that if the foregoing would not permit such regular yardman to work one or more days of the work week of the "days off " period of his choice, and if there is no extra man available who could be used to perform the work on those days, he may be used to work those days at the straight time rate.

It the foregoing would not permit a regular yardman who is forced to select

a new "days off" period to work ten (10) straight time eight (8) hour

shifts in the fourteen (14) calendar day period starting with the first day

off of the "days off" period which he had at the time he was forced to

select a new "days off" period, he will be permitted to work the remaining

work days of the "days off" perind which he had at the time he was forced

to select the new "days off" period, and on completion thereof will take

the conditioias of the work week of his choice, provided that service for

the first

174

eight (8) hours on the number of days in excess of five (5) that are worked during such fourteen (14) calendar day period will be paid for at straight time rates until such regular yardman has worked ten (10) rtraight time shifts in that fourteen (14) calendar day period, service in excess of eight (8) hours on any of such days to be paid for under the overtime rules.

In the event a regular yardman who, because of his seniority standing, is unable to place himself on a regular engine, or shift, on one or more of the work days of his "days off" period, as the result of a senior regular yardman being permitted to work the remaining days of the "days off" period which he had at the time he was forced to select a new "days off" period, will retain his assigned "days off" period and will be governed by the provisions of Section 7 (b) and (c).

Note: A regular yardman who is forced to exercise his seniority to a new "days off" period, means a regular yardman whose assigned "days off " period is abolished, or who, as the result of reduction of the number of "days off" periods available for assignment, does not have sufficient seniority to hold the "days off" period to which he is assigned, or who is displaced from his assigned "days off" period by the exercise of seniority.

Section 11©. The provisions of the first paragraph of this section are not applicable under a strict seniority or mark-up board system such as is in effect on the Northern Pacific.

The provisions of the second paragraph of this section shall apply on the Northern Pacific as follows:

An extra yardman changing to the status of a regular yardman will be permitted to go on the "days off" period he acquires as a regular yardman and will take the conditions of that "days off" period, but will not be permitted to work more than five (5) straight time eight (8) hour shifts as referred to in paragraph (d) of this section in the work week starting with the Monday of the week in which the change is made; provided, however, that if the foregoing would not permit such yardman to work on one or more of the work days in the work week of the "days off " period he so acquired, and if there is no extra man available who could be used to perform the work on those days at straight time rates, he may be used to work those days at the straight time rate.

175

A regular yardman changing to the status of an extra yardman will not be permitted to work more than five (5) straight time eight (8) hour shifts as referred to in paragraph (d) of this section in the work week starting with the Monday of the week in which the change is made.

Section 11(d). As applicable on the Northern Paciftc, this section provides that:

Except when a regular yardman who takes another "days off" period is permitted to work more tblan five (6) straight time eight (8) hour shifts in the w6rk week he had at the time he made his choice as provided in Section 11(b); or when a regular yardman who reverts to the status of an extra yardman is permitted to work five (5) straight time eight (8) hour shifts as an extra yardman in the work week starting with the Monday of the week in which the change is made, regardless of the number of days he worked in the "days off" period that he had before the change was made, as provided in Section 11©; yardmen, regular or extra, will not be permitted to work more than five (5) straight time eight (8) hour shifts In yard service when there are extra yardmen available for work at the pro rata rate; that in the computation to determine when a yardman, regular or extra, has worked five (5) straight ti@e eight (9) hoxir shifts in a work week, the exceptions from the computations provided for In paragraphs 3 and 4 of Section 8 will be excluded; that when the exigencies of the service require the use of additional men and there are no extra yardmen available to work at the pro rata rate, extra yardmen available for work at overtime rate will be used; and that when there are no extra yardmen available, senior available yardmen will be used in accordance with applicable rules or practices as In effect on the property prior to inauguration of the live day work week.

Section 12. Application is self-explanatory.

This Memorandum of Understanding supersedes the Memorandum of Understanding dated December 21t 1951 and the amendments thereto dated February 8, 1952 and April 22, 1952, respectively. For the Brotherhood of Railroad TrairLinen:

P. K. BYERS,

General Chairman.

For the Northern Pacific R&Uway Co.:

H. W. McCAULEY,

Chief of Personnel.

ITS

Number of Yardmen Required - Per Day - Per Week

Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Man Days

3 3 3 3 3 3 3 21

3 3 3 3 3 3 3 21

3 3 3 3 3 3 3 21

3 3 3 3 3 3 3 21

3 3 3 3 3 3 3 21

3 3 3 3 3 3 3 21

18 18 18 18 18 18 18 126

a er w ek

Example 2. Number of Yardmen Required - Per Day - Per Week

Asstgnment Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Man Days

7:30 AM 3 3 3 3 3 3 3 21

8:00 AM 3 3 3 3 3 3 3 21

3: 30 PM 3 3 3 3 3 3 3 21

4: 00 PM 3 3 3 3 3 3 3 21

11:30 PM 3 3 3 3 3 3 3 21

1 2: 00 MN 3 3 3 3 3 3 3 21

TOTAti 18 18 18 18 18 18 18 126

126 man days divided by 5 Indicates that 25 regular men working 5 days per week and I extra tnan working I day per week will be required to fill all Jobs on the seven days of the week and provide 60 "days off" for the regular men.

25 25 25 25 25 25 25

the week and provide

Regular men required 2

Extra men required

TOTAL 2

Jobs to be filled I

DAYS OFF

Saturday and SundaY

Sunday and Monday

Monday and Tuesday

Tuesday and Wednesday

Wednesday and Thursday

Thursday and Friday

Friday and Saturday

"days off" for the regular men.

25 25 25 25 25 25 25

1*

25 26 25 25 25 25 25

18 18 18 18 18 18 18

7 8 7 7 7 7 7 Men Days

3 3 3 6

4 4 4 8

4 4 4 8

y 8 3 6

y 4 4 4 8

3 6

4 4 4 8

TOTAL 25 50

*Notes Thf,, Ftqqlgtiiiient to be worked by an extra inan for one da@- T)er

NN-(-el,. to provide

RiiMete.tit "da3,.@ (irr" iq spt ul) foi, NI(itiday to cc@iiil)ine with the

onc off@" ot! Suriday that

would otherwise be left over after til possible consecutive "day off" pet,iods were established.

Example S. Number of Yardmen Required - Per Day - Per Week

Assignment Sun. Mon. Tues.. Wed. Thurs. Fri. Sat. Man Days

6:30 AM 3 3 3 3 3 3 3 21

8:00 AM 3 3 3 3 3 3 18

2:30 PM 3 3 3 3 3 3 3 21

4:00 PM 3 3 3 3 3 3 18

10:30 PM 3 3 3 3 3 3 3 21

TOTAL 9 15 15 15 15 15 16 99

99 man days divided by 6 indicates that 19 regular men working 6 days per week plus I extra man working 4 days per week will be required to fill all jobs on the 7 days of the week and provide 38 "days off" for the regular men. By using an extra man on Monday, Tuesday, We(Inesdty and Saturday the required number of consecutive "days off" may be established as follows:

Number of Yardmen Required - Per Day - Per Week

MEMORAND@F OIF UNDERSTANDING

(Amendment)

Section 11(d) of the Memorandum of Understanding of September 10, 1952 covering the aPplication of the five day work week in yard service, provides in part as follows:

"* * 0 when the exigencies of the service require the use of additional men and there are no extra yardmen available to work at the pro rata rate, extra yardmen available for work at overtime rate will be used; and that when there are no extra yardmen available. senior available yardmen will be used in accordance with applicable rules or practices as in effect on the property prior to inauguration of the five day work week."

Effective April 15, 1954, the above quoted provision Is amended to provide for the following application at the yards herein named:

St. Paul - Stillwater

Minneapol,s

Duluth Superior

Brainerd

Staples

Dilworth - Fargo

Jamestown

Glendive

T,aurel

Butte

1 (a). When the exigencies of the service require6the use of additional men., after all extra yardmen have completed five straight time shifts in the work week commencing with Monday, and there are no extra yardmen available on the sixth and/or seventh days of the work week at pro rata rate, the senior yardmen, regular or extra, available for work at overtime rate will be used, giving preference to regular yardmen signifying in writing their desire to be used for such extra work.

(b) A list of yardmen who have expressed In writing their desire to be used for extra work, as provided for in paragraph (a) above, will be set up, maintained, and posted in the yard office. Regular yardmen expressing desire to perform such extra work will be required to indicate in their written applications the shift period or periods they

182

will be available for, wbicb will be shown on the list posted in the yard office.

(c) I)esire to perform service under Section I (a), or to change previously expressed desire, must be made in writing to the designated local ofecer and the local chairman of the Brotherhood of Railroad Trainmen. Yardmen will be permitted to change designation of desire to perform service under this arrangement not more than once during each thirty day period. It is understood that yardmen who have indicated their desire to perform extra service under these provisions will be required to protect such extra work, unless they seek and secure permission to lay off in the usual manner.

Note: The term "available" as used in paragraph

(a) means available to commence work at the time and place designated for the engine or shift to start work. and available for eight (8) hours’ service under the Hours of Service Law.

(d) It is understood that when a regular yardman is not ai,allable for his regular assignment account performing extra work for which he has indicated bis desire to be used under paragraph (ai hereof, and application of the Hours of Service Law, vacancies created thereby will be filled in the usual manner.

2. Arrangements herein above provided for may be made effective in yards otber than those above listed upon request of the Local Chairman subject to approval of the General Chairman and the General Manager.

3.Nothing contained in the foregoing paragraphs of Section I is intended to disturb the present method of filling vacancies as foremen that occur after board mark-up time.

4. Nothing contained in this amendment shall be construed as modifying or changing provisions of the Atemorandum of Understanding of September 10, 1952 except as herein specifically provided for. This amendment is subject to change or termination on 30 days’ notice In writing by either of the parties signatory hereto.

Fuz- the Northern Pacific Railway Company:

F. J. HORNER,

Assistant Chief of Personnel.

For the Brotberhood of Railroad Tr&JTunen:

P. K. BYERS,

General Chairman.

183

LETER AGREEMENTS OF OCTOBER 27, 1953

AND NOVE.MBER 169 19M OONCERNING

INTERCHANGEABLE SENIORITY RIGHTS

St. Paul, Minnesota

October 27, 1953

Mr. P. K. Byers, Chairman

General Grievance Committee

Brotherhood of Railroad Trainmen

317 Empire Bank Building

St. Paul 1, Minnesota

Dear Sir:

Referring to the Memorandum of Agreement entered into October 27, 1953, covering establishment of interchangeable seniority rights for employes in train and yard service, effective December 1, 1958.

In accordance with Section 8 of the agreement, there Is to be no change with respect to employes protecting seniority as conductors, or protecting seniority as yardmaster. Until such time as other arrangements may be agreed upon, the following will govern:

It is understood and agreed that the provisions of the agreement covering interchangeable seniority rights shall not be construed to mean that employes with conductors’ seniority will In any manner be exempted from fllling or occupying positions as conductor in accordance with existing practices and as provided for in Rules 98© and 130 of the Conductors’ Schedule, and Rule 82(k) of the Train and Yardmen’s Schedule. Accordingly, regularly assigned conductors, or employes entitled to regular positions as such, will not be permitted to exercise seniority rights to yard service. Demoted conductors In yard service advanced to the status of regularly assigned conductors will be required to leave yard service to fill such positions.

Demoted conductors working In yard service available at the source of supply for extra conductors In road service, will be subject to call for extra conductors’ work iri accordance with existing practices and

applicable schedule rules. Demoted conductors in yard service at other than the source of supply for extra conductors, will not be considered available for extra conductors’ work if there are other demoted conductors available for such work. Demoted conductors in yard service advanced to status of conductor, regular or extra. will upon completion of such service, return to yard service to complete six months in yard service, or as otherwise provided for In Section 4 of the agreement. In such cases, time spent In service as conductor will be included In calculation of the six months in yard service.

It is understood and agreed that the provisions of the agreement covering interchangeable seniority rights shall not be construed to mean that employes who have acquired yardmasters’ seniority will In any manner be exempted from filling or occupying positions as yardmaster in accordance with existing practices and applicable rules of the Yardmasters’ Schedule.

Regularly assigned yardmasters or employes entitled to regular positions as such, will not be permitted to exercise seniority rights in road or yard service.

An employe leaving road service to fill iL position as yardmaster, regular or extra, by virtue of his seniority as yardmaster, will upon completion of such service, return to road service to complete six months road service or as otherwise provided for In Section 4 of the agreement. In such cases, time spent In service as yardmaster will be included in calculation of the six months in road service.

An employe, who has-not acquired yardmasters’ seniority, but who has signified his desire to perform extra yardmasters’ work at a particular yard will be governed by terms of the letter agreement of April 7, 1949

while In yard service at such yard. However, In the event such employe transfers to road service or to another yard, his name will be removed from the list of those who have signified their desire to perform extra

yardmasters’ work. Such employe, if he transfers to another yard, will not be prevented from signifying his desire to perform extra yardmasters’ work at such other yard under the terms and conditions of the letter agreement of April 7, 1949, while in yard service at such other yard. Shifts worked as a yardmaster at two different yards will not be combined in computing the 60 shifts required to establish a seniority date as yardmaster. The foregoing constitutes a letter agreement to govern the particular matters herein referred to, and the provisions of this letter agreement shall continue in effect subject to change by mutual agreement.

agreement .

AGREED TO:

P. K.

BYERS, Yours

truly,

General

Chairman, H. W.

McCAULEY,

Brotherhood

of Railroad Chief of

Trainmen. Personnel.

185

St. Paul, Minnesota

November 16, 1953

November 16, 1953

Mr. P. K. Byers, Chairman

General Grievance Committee

Brotherhood of Railroad Trainmen

317 Empire Bank Building

St. Paul 1, Minnesota

Dear Sir:

Referring to the Memorandum of Agrepment entered into October 27, 1953, covering establishment of interchangeable seniority rights for employes in train and yard service, effective December 1, 1953.

It is understood and agreed that nothing contained in the agreement covering establishment of interchangeable seniority rights shall be construed as modifying, amending or changing existing practices with respect to maintaining brakemen’s extra boards at the points named in Rule 66(b) of the Train and Yardmen’s Schedule, or maintaining yardmen’s extra lists at points where yard crews are employed. Any change leading to establishment of a common extra board will be considered in the manner prescribed in the Note appearing under Section 5(a) of the agreement.

In regulating yardmen’s extra lists consistent with service requirements, as provided i-,i Section 5(a) of the agreement, it is recognized that the Railway Company shall have the right at all times to maintain a sufficient number of men on the respective yardmen’s extra lists to have six and seven day service performed at straight time rates with reasonable regularity.

It is agreed that in the event of a shortage of extra men on the road extra list, extra men in yard service may be called and used in road service under the following conditions:

In the event it becomes necessary to use a yardman to work in road service (isolated runs excepted), the senior available extra yardman at the home terminal or source of supply for road service employes, who has had 8 hours rest, and provided ne has not already been marked up on a yard assignment under the 1:00 P.M. mark up rule in yard service, will be called and must respond. If no such extra yardmen are available, the senior available extra man, who has had 8 hours rest, and although he has already been marked up on a yard assignment under the 1:00 P.M. mark up rule, will be called and must respond. Extra yardmen so called and used, will be marked up on the yardmen’s extra list upon their return to home terminal.

Extra yardmen used in road train service under the provisions of the preceding paragraph, will be compensated under road service rates and rules while in road service, provided that compensation on the mileage basis under the application of road service rates and rules will not be less than payment for the actual hours worked in road service on the basis of eight hours straight’time and overtime for time actually worked in excef-,s of eight hours for each trip or day in road train service, at the yard helper rate.

In the event of a shortage of available extra men on the road extra list, and should it become necessary to use a yardman to fill or protect a vacancy in road train service on a run witb home terminal at other than the source of supply for road service employes, the senior available extra yardman at the source of supply for road service employes, who has had eight hours rest, and provided he has not already been marked up on a yard assignment under the 1: 00 P.M. mark up rule in yard service, will be called and used for such service. If no such extra yardmen are available, the senior available extra man desiring the service, and who will have had eight hours rest at the time needed for service, will be called and used for such service; otherwise, the junior available extra man will be called and must respond. An extra yardman used under the provisions of this paragraph, will be considered as having been temporarily placed on the road extra list, and will be compensated for such service under road service rates of pay and rules, and upon completion of such temporary service, will be marked up on the yardmen’s extra list upon his return to the source of supply.

Any tour of duty in road service iinder the preceding paragraphs shall not be considered in any way in connection with the application of Article 3, Agreement "A", governing the five-day work week in yard service.

It is further agreed that in the event the list of available yardman, regular or extra, at a particular yard, becomes exhausted, extra men on the road extra list may be called and used in yard service, observing the

first-in, first-out rule, with compensation for service rendered in yard service under rates

IF7

of pay and rules governing yard service, such extra men to be returned to the road extra list upon COmipleting a tour of duty in yard service.

Yours truly,

pleting a tour o n ya

AGREED TO: Yours truly,

P. K. BYERS, H. W. McCAULEY,

Gen,eral Chairman, Chief of Personnel.

rhood of Railroad Trainmen.

Gen,eral Chairman, e 0

Brotherhood of Railroad Trainmen.

0 0

E"ECTIVE SEPTEMBER lt 1951

MEMORANDTM OF AGREEMENT between the Northern Pacific Railway and the Brotherhood of Railroad Trainmen Relative to Union Membership.

This agreement, made this sixteenth (16th) day of August, 1951, by and between the Northern Pacille Railway Company (hereinafter referred to as the "Carrier") and Its employes in train and yard service represented by the Brotherhood of Railroad Trainmen (hereinafter referred to as the "Brotherhood").

1. SubJect to the terms and conditions hereinafter set forth, all employes of the Carrier In the general classes of trainmen and yardmen who are represented by the Brotherhood and embraced by the agreement betweeu the parties hereto identified as "Schedule for Train and Yardmen", effective June 1, 1924, shall, as a condition of their continued employment, be members of the Brotherhood.

2. Such employes shall acquire membership in the Brotherhood within sixty (60) calendar days of the date on which they first perform compensated service In the classes described in Section 1 hereof under the provisions of the said Schedule for Train and Yardmen, or within sixty (60) calendar days after the effective date of this agreement, whichever is later, and shall retain such membership during the time they are employed In the classeib described In Section 1 hereof under the provisions of the said Schedule for Train and Yardmen, or durIng the time this agreement remains in eff ect, except as otherwise provided herein.

3. The requirements for membership in the Brotherhood specified in this agreement shall be fully satisfied by present or future employes in the classes described in Section 1 hereof who maintain membership, or who shall acquire and maintain membership, in any one of the labor organizations.

national In scope, organized in accordance with the Railway Labor Act and admitting to membership employes in the classes described In Section 1 hereof, other than the Brotherhood; provided, however, that nothing contained In this agreement shall prevent any employe from changing membership from one organization to another organization admitting to membership employes in the classes described in Section 1 hereof.

4. Nothing contained in this agreement shall require an employe to become or remain a member of the Brotherhood if such membership Is not available to such employe upon the same terms and conditions as are generally applicable to any other member of the Brotherhood, or if membership of such employe in the Brotherhood is denied or terminated for any reason other than failure of the employe to tender periodic dues, initiation fees and assessments (not including lines and penalties) uniformly required as a condition of acquiring o retaining such membership. The dues, initiation fees and assessments referred to herein mean in debtedness accruing for these Items following the effective date of this agreement.

5. Employes who have acquired and who retain or who hereafter acquire and retain, seniority right In the classes described in Section I hereof unde the provisions of the said Schedule for Train and Yardmen who are assigned to official or subordinat official positions; or who are transferred to classe other than those described in Section 1 hereof; o who are on a properly approved leave of absenc of thirty (30) days or more duration; or who ar absent from duty for thirty (30) days or more a result of sickness, or injury; or who are ouspende from service for thirty (30) days or more; or wh are retired under the provisions of the Railroa Retirement Act at an age earlier than age sixty-jftv (65) on account of disability aiid who retain sen iority until they reach the age of sixty-five (65) shall not be subject to the provisions of this agree ment; provided, however, that when such an em ploye returns to service in the said classes, unde the provisions of the said schedule, the provision of this agreement must be fully complied with o or before the first day of the first month followin thirty (30) calendar days after the date of thei return to service in the said classes under the pro visions of the said schedule. An employe ouspende from service who does not retain seniority unde the provisions of the said Schedule for Train and the a Yardmen will, if he returns to service in the classes described in Section 1 hereof, be considered a new employe In the application of this agreement.

6. The Brotherhood will keep account of employes In the classes described in Section I hereof and will independently ascertain the status of such employes under the membership requirements of this agreement. The employing officer shall furnish to the accredited Local Chairman of the Brotherhood within ten (10) calendar days from date of employment, the names and addresses of employes who are employed in the classes described in Section 1 hereof after the effective date of this agreement, on seniority districts under his jurisdiction.

  1. (a) The Brotherhood, through Its Local Chairman, will notify the Division Superintendent of the Carrier in writing on the applicable form attached hereto, and by this reference made a part hereof, the identity of any employe whose employment in the classes described in Section 1 hereof, under the provisions of the said Schedule for Train and Yardmen, it requests be terminated by reason of failure to comply with the terms of this agreement, and such notice will specifically charge such employe with the particular failure for which such termination is requested. The Local Chairman shall forward copies of such notice and request promptly by United States mail to the Chief of Personnel of the Carrier and to the General Chairman of the Brotherhood. Before serving such a notice and request, it wiII first be determined by the Brotherhood that such employe is not a member of any other organization as provided for In Section 3 hereof. Upon receipt of such notice and request, the Division Superintendent wili, as promptly as possible but within ten (10) calendar days after receipt of such notice, notify the employe concerned in writIng that he Is charged with failure to comply with the terms of this agreement and copy of such notice shall be giv4en to the Local Chairman who served such notice and request. The employe concerned. when so notified, may, within ten (10) calendar days after the date of such notice, request the Division Superintendent in writing to accord him a hearing. The Division Superintendent may, at his discretion, set a date for and conduct a hearing without being requested to do so by the employe.
  2. (b)In the event the employe concerned fails to request a hearing as provided for herein, and a

hearing is not conducted by the Division Superintendent at his discretion, unless the Division Superintendant and the Local Chairman, or his accredited representative, otherwise agree in writing prior to or within the period of ten (10) calendar days provided for herein for request for hearing, his employment in the classes described in Section I hereof shall be terminated within ten (10) calendar days after the date the employe is so notified in writing, x%,hich notice shall be given as promptly as possible after expiration of the period of ten (10) calendar days provided for hereiii for requesting a hearing.

(c) In the event that the eniploye concerned requests a hearing as provided for herein, such request shall be honored by the Division Superintendent and date set for hearing as soon as possible but within ten (10) calendar days ifter the date of receipt of request therefor. In the event the Division Superintendent decides to conduct a hearing without being requested to do so by the employe, notice of such hearing shall be issued within the ten (10) calendar day period provided for herein for the employe to request a hearing, and such hearing will be held within ten (10) calendar days after the date of such notice. Copy of notice of such hearing shall be given to the Local Chairman of the Brotherhood who served the notice and request on the Division Superintendent. At such a hearing the employe concerned may be represented by an accredited representative of the Brotherhood, or by an employe of his choice. The Division Superintendent may delegate an officer of his staff to conduct hearings provided for herein. The Local Chairman of the Brotherhood, or his accredited representative. shall be present at and participate in such hearing and present the case for the Brotherhood. A stpno!,vraphic record of the hearing shall be made and a copy of the transcript of the record at such hearin,@ shall be furnished to the Local Chairman. or his accredited representative. If employment of the employe is terminated as Hereinafter proi-ided for is the result of sucli a hearing, a copy of the transcript of the record ‘will be furnished him if requested in %vriting. Receipt by the Division Superintendent of a request for a hearing, or the setting of a date for a hearing by the Di%-ision Superintendent without such request, shall operate to sta@- action on the request of the Brotherhood for terminettion of employment until the hearing is held and decision is rendered by the Division Superiiiten(lent. The Division Superinten(lent shall determine on the basis of evidence produced at the hearing whether or not the employe has complied with the terms of this agreement and shall render a decision accordingly. If it is decided that the employe has not complied with the terms of this agreement, unless the Division Superintendent and the Local Chairman, or his accredited representative, agree otherwise in writing within ten (10) calendar days after the date of the hearing, his employment in the classes described In Section 1 hereof shall be terminated within ten (10) calendar days after the date the employe Is so notifled In writing, which notice shall be given as promptly as possible after the expiration of ten (10) calendar days after the date of the hearing. The Local Chairman of the Brotherhood, or his duly accredited representative, shall be promptly advised of such decision.

(d) If the decision of the Division Superintendent is not satti3factory to the employe, or to the Brotherhood. It may be appealed tn writing directly to the highest officer of the Carrier designated to handle appeals. Such appeal shall be taken and the Division Superintendent shall be so notified within fifteen (15) calendar days after the date of his decision. Decision on such appeal shall be rendered within twenty (20) calendar days after receipt of appeal by the said officer. If the appeal of an employe from the decision of the Division Superintendent is sustained, the General Chairman of the Brotherhood shall be so notified as of the date such decision is rendered.

(e) The decision of the highest officer of the Carrier designated to handle appeals shall be final and binding unless within thirty (30) calendar days after the date of such decision the said officer is notified in writing by the employe, or by the General Chairman of the Brotherhood, that his decision is unsatisfactory and, in such event, the dispute may, within six

(6) months after the date of such decision, be submitted to a tribunal having jurisdiction, pursuant to law or agreement, of claims or grievances arising between the parties to this agreement. No case will be considered unless presented and appealed In accordance with the time limits herein prescribed; provided, however, that such time limits may be extended In a particular case by agreement between the Carrier and the Brotherhood.

(f) Other provisions of this agreement to the contrary notwithstanding, the Carrier shall not be log

required to so not@ or to terminate the eMP107=Ont of any employe until such time as the services of a qualified replacement are available. Provided. however, that in cases in which termination of employment as provided for herein will not require the Carrier to incur greater expense than would have been incurred had such employment not been so terminated, or in which such termination of employment will not restrict or interefere with the operations of the Carrier, an employe whose a=ployment is subject to termination under the provisions of this agreement will not be retained in service under the provisions of this section for a period of more than s@y (60) days in addition to the time otherwise allowed under the provisions of this agreement.

(g@ Rules of the said Schedule for Train and Yardmen pertaining to unjust treatment, grievances, discipline, investigations, attending investigations, . reinbtatements, discharge and return to duty shall not be applicable to employes whose employment In the classes described in Section I hereof is terminated under the provisions of this agreement, nor to any employe involved in the procedures prescribed In this agreement whether or not such employment to terminated as a result thereof.

(h) When employment In the classes described in Section 1 hereof is terminated in accordance with the provisions of this agreement, any and all sentority acquired under the provisions of the said Schedule for Train and Yardmen shall be thereby terminated.

8. The employment of an employe whom the Carrier is required to retain In Its service by state or federal statute shall not be terminated in the classes described in Section 1 hereof by reason of any of the provisions of this agreement.

9. Neither this agreement, nor any provision contained hereino shall be used directly, or indirectly, as a basis for any grievance or elaim for money predicated upon an alleged violation, misapplication or noncompliance with any part of this agreement, by the Brotherhood, or by or on behalf of any employe represented by the Brotherhood.

10. In the event that employment In the classes described in Section 1 hereof is terminated in accordance with the provisions of this agreement and such termination of employment is subsequently determined to be improper, unlawful or unentor@

193

able, the employe whose employment was so terminated shall be returned to service in the said classes without impairment of seniority rights and the Brotherhood shall be solely responsible and shall indemnify and save harmless the Carrier against any and all liability, including wage loss, arising as the result of such improper, unlawful or unenforceable termination of employment.

11. This agreement is in full and final settlement of the dispute growing out of notice served on behalf of employes represented by the Brotherhood, party hereto, on or about January 25, 1951, and notice served by the Carrier, party hereto, on or about January 30, 1951, in accordance with Section 6 of the Railway Labor Act as amended, of intended changes in existing agreements to the extent set forth therein.

12. This agreement shall become effective on September 1, 1951, and shall remain in effect until changed or terminated under the provisions of the Railway Labor Act as amended; provided, however. that, in the event of failure of the Brotherhood to comply with the provisions of Section 10 hereof, It may be canceled by the Carrier without further n,egottation on thirty (30) days notice in writing. (Exhibits, Forms 1 and 2 not reproduced.)

For the Northern Pacille Railway Conil)any:

C@ H. BURGESS,

General Manager, Lines East of Livingston

J. F. ALSIP

General Manager, Lines ‘%Test of Livingston.

APPROVED:

W. W. JUDSON,

Vice President.

For the Brotherhood of Railroad Trainmen:

P. K. BYERS,

General Chairman.

EFFECTIVE JANUARY 1, 1954

DUES DEDUCTION AGREEMENT between the Northern Pacific Railway Compaii@ and Employes iii Train and Yard S@i-vice represented by the Bro’h(3rh(@od of Railroad Trainmen, effective January 1, 1954.

This agreepient made this 18th day of November. 1953, by and between the

Nt,)rther-.i Pacific Railwiy (‘ompany, hereinafter referred to as th(3

"Carrier",

194

and its employes in train and yard service repre sented by the Brotherhood of Railroad Trainmen hereinafter referred to as the "Brotlierbood".

Section 1. Subject to the terms and condition of this agreement, the Carrier shall periodicall deduct from the wages of the employes subject t this agreement, who acquire aiid maintain member ship iii the Brotberhood, amounts equal to th periodic dues, initiation fees, assessments aii(I in surance premiums (not including fines and penal ties) uniformly required as a condition of acqiiiiiii or retaining membership In the Brotherhoo(i aii shall pay the amount so deducted to the design,,ite Treasurer of the 13rotherhood; provided, ho%&-(:-,(-r that this requirement sliall not be effectin,e v"c,l respect to any individual employe until he si’ial have furnished the Carrier with a written walr assignment authorization to the Brotherhoocl o such membership dues, Initiation fees, assessme:iit and insurance premiums, which wage assignr.i,n authorization shall be revocable in writing aite the expiration of one year from the date of it execution, or upon the termination of this agrerment, or upon the termination of the Rules an Working Conditions Agreement between t’, i parties hereto applicable to employes in Train an Yard Service, whichever occurs sooner.

The wage assignment authorization shall be i the form attached hereto and identified as Attach ment A which by this reference is made a par hereof.

The revocation of the wage assignment autlioriz ation shall be in the form

attached hereto aii identified as Attachment B which by this referene

identified as Attachment B which by this refere is niade a part hereof.

The Brotherhood shall assume full responsibil for the procurement and execution of the v, assignment authorization or the wage assignm authorization revocation and for delivery of s forms to the District Accountants, namely, to District Accountant at St. Paul for the East District, to the District Accountant at Livings for the Central District, and to the District Accou ant at Tacoma for the Western District.

Section 2. (a) The Treasurer of each lodge the Brotherhood shall furnish to

the District countant of the Carrier having jurisdiction on accouniiiig

dastriet of the employes involved, later than the 15th of each mouth, but

earlier posse ‘ble, a certified statement in triplicate show

d sta

the name, the division on which employed, and gross amount to be deducted from the wages of each member who has signed a wage assignment form, and which form has been filed with the Carrier.

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

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

2. Amounts due the Northern Pacific Beneficial Association.

3. Amounts due the Carrier.

4. Insurance and hospitalization premiums.

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

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

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

Section 4. In consideration of the services described In Section 2 and to pay for the expense of administration, the Carrier will retain from the sum of all deductions made In each month six (6) cents per member from whom a deduction Is made in such month and will remit to the Treasurer of each lodge the balance due the Brotherhood of the amount deducted from the wages of the members listed by the respective Treasurers. The Carrier will make such remittance not later than the 5th day of the month following the month In which the deduction is made.

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

Section 6. No part of this agreement or any other agreement between the

Carrier and the

296

Brotherhood shall be used either directly or indirectly as a basis for any grievance or claim by or in bebalf of any employe predicated upon any violation of, or misapplication or non-compliance with, any part of this agreement.

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

Section 8. This agreement shall become effective January 1, 1954, and shall remain In effect until modified or changed in accordance with the provisions of the Railway Labor Act, as amended. (Attachments A and B not reproduced.)

For the ]3rotherhood of Ranroad Tminmen:

P. K. BYERS,

General Chairman.

For the Northern Pacific Rallway Company:

C. H. ‘BURGESS,

General Manager, Lines East of Livingston.

J. F. ALSIP,

General Manager, Lines West of Livingston.

APPROVED:

W. W. JUDSON,

Vice President.

A7ACAnON AGREE.MENT

Dated April 29, 1949, as reviser effective January 1, 1954 in accordance

with Conference Agreement signed at Chicago,

Illinois, December 16, 1953.

This Vacation Agreement made this 29th day of April, 1949, by and between the participating carriers listed in Exhibits A, B and C, attached hereto and made a part hereof and represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, and the employes shown thereon and represented respectively by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCONIOTIVE FIREMEN and ENGINEMEN, ORDER OF RAILWAY CONDUCTORS, BROTHERHOOD OF RAILROAD TRAINMEN, and the SWITCHMEN’S UNION OF NORTH AMERICA.

IT IS HEREBY AGREED:

Effective January 1, 1954, Sections I and 2 of the Vacation Agreement,

dated April 29, 19499 in so

197

far as they hpply to the employes represented b the Brotherhood of Railroad Trainmen, and Sectio 9 of Agreement "A" of May 25, 1951, between th parties signatory hereto, shall be eliminated and tb following substituted therefor:

Section 1 (a)-Effective July 1, 1949, each em ploye, subject to the scope of schedule agreement held by the organizations signatory to the Apri 29.

1949 Vacation Agreement, will be qualified fo an annual vacation of one

week witb pay, or pay i lieu thereof, if, during the preceding calendar

vear the employe renders service under schedule agree raents held by the

organizations signatory to th April 29, 1949 Vacation Agreement amounting t

one hundred sixty (160) basic dayc; in miles o hours paid for, as provided

in individual schedules

(b) Effective July 1, 1949, each employe, siib ject to the scope of schedule agreements lield b the organizations signatory to the April 29. 194 Vacation Agreement, having five or more years o continuous service with employing carrier will b qualified for an annual vacation of two weeks wit pay, or pay In lieu thereof, if, during the precedin calendar year the employe renders service unde schedule agreements held by the organization signatory to the AI)ril 29, 1949 Vacation Agreemen amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said flve or more years of continuous service renders service of not less than eight hundred (800) basic days in miles or hours paid for as provided in individual schedules.

(c) Effective January 1, 1954, each employe, subject to the scope of schedule agreements held by the Brotherhood of Railroad Trainmen, having fifteen or more Years of continuous service witb employing carrier will be qualified for an annual vacation of three weeks with Day, or pay in lieu thereof, if, during the preceding calendar year the employe renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation A:greement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said fifteen or more years of continuous service renders service of not less than twenty-four hundred (2400) basic days In miles or hours paid for as provided irL individual schedules.

(d) In dining car service, for service performed on and after July 1, 1949 each senen and one-

19 4

198

half (7’h) hours paid for shall be considered the equivalent of one basic day In the application of Sections l(a), l(b) and l(c).

(e) Calendar days on which an employe assigned to an extra list is available for service and on which days he performs no service, not exceeding sixty (60) such days, "-ill be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on "-hich an employe is absent from and unable to perform serx-ice I,,ectuse of injury received on duty Nirill be included.

(f) II’liere an employe is discharged from service and thereafter restored to service during the saiiie calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

‘"’here an employe is discharged from service and thereafter restored to service with seniority uninip.iired, service before and after such discharge and restoration shall be included in computin,@ eight hundred (800) basic days under Section l(b) and twenty-four bundred (2400) basic days uiider Section I ©.

(g) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, except that service of an employe on his bome road may be combined with seri,ice performed on other roads when the latter seri-ice is performed at the direction of the inanagenient of his honie road or by virtiie of the employe’s seniority on his home road. Such service will not operate io reliei,e the home road of its responsibility under this agreement.

(li) D(,giiining on the date Agreenient "A" between the parties, dated May

25. 1951, became or beconiec; effective on any carrier, the following shall

apply in so far as yard service employes and employes having

interchangeable yard and road rights con-ered by said agreement, who are

represented by the Brotherhood of Railroad Trainnien, are con-

the Brotherhood of Railroad Trainnien, a cerned:

(1)In the application of Sections I( 1 (b) and I (c) each basic day In yard

se ice performed by a yard service empl or by an employe having

interchanges yard ar)d road rights shall be compu

d rig

as 1.2 days for purposes of determining qualifications for vacation. (2) Qualifying years accumulated, also qualifying requirements for years accumulated for extended vacations, prior to the calendar year in which Agreement "A" becomes effective, shall not be changed. (3) The 60 and 30 calendar days referred to in Section 1 (e) shall not be subject to the 1.2 computation provided for In Sections l (a), l(b) and l(c).

Section 2. Employes qualified under Section 1

hereof shall be paid for their vacation as follows:

(a)An employee receiving one week’s vacation,

or pay in lieu thereof, under Section 1 (a) shall be

paid %2 of the compensation earned by such employe, under schedule

agreements held by the organizations signatory to the April 29, 1949

Vacation Agreement, on the carrier on which he quail:ded under Section 1

(or carriers in case he qualified on more than one carrier under Section 1

(g) ) durIng the calendar year preceding the year In which the vacation to taken, but In no event shall such pay be less than six (6) minimum basic days’ pay

at the rate of the last service rendered.

(b)An employe receiving two weeks’ vacation,

or pay In lieu thereof, under Section 1 (b) shall be

paid %sib of the compensation earned by such employe, under schedule

agreements held by the organizations signatory to the April 29, 1949

Vacation Agreement, on the carrier on which he qualified under Section I

(or carriers in case he qualified on more than one carrier under Section I

(g) ).during the calendar year preceding the year In which the vacation Is taken, but in no event shall such pay be less than twelve (12) minimum basic days’ pay at the rate of the last service rendered.

© An employe receiving three weeks’ vacation, or pay In lieu thereof, under Section 1 (e) shall be paid %2 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers In case he qualified on more than one carrier under Section I (g) ) during the calendar year preceding the year in which the vacation Is taken, but In no event shall such pay be less than eighteen (18) minimum basic days’ pay at the rate of the last service rendered.

(d) Beginning on the date Agreement "A" be-

200

tween the parties, dated May 25, 1951, became or becomes off ective on any

carrier, the following shall apply in so far as yard service employes and

employes having interchangeable yard and road rights covered by said

agreement, who are represented by the Brotherhood of Railroad Trainmen, are

con-

cerned: Yard Service

(1)An employe receiving one week’s vacation, or pay in lieu thereof, under Section I (a) shall be paid %2nd of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section I (or carriers in case he qualified on more than one carrier under Section I (g) ) during the calendar year preceding the year in which the vacation is taken, but In no event shall such pay be less than five (5) minimum basic days’ pay at the rate of the last service rendered.

Combination of Yard and R4Dad Service

(2)An employe having Interchangeable yard and road rights receiving one week’s vacation, or pay In lieu thereof, under Section 1 (a) shall be paid @2nd of the compensation earned by such employe, under schedule agreements held by the organization signatory to the April 29, 1949 Vacation Agreement, on the carrier ou which he qualifled under Section 1 (or carriers In case be qualified on more than one carrier under Section 1 (g) ) during the calendar year preceding the year in which the vacation Is taken; provided that, if the vaceition is taken during the time such employe Is working in road service such pay shall be not less than six (6) minimum basic days’ pay at the rate of the last road service rendered, and if the vacation Is taken during the time such employe Is working in yard service, such pay shall be not less than five (5) minimum basic days’ pay at the rate of the last yard service rendered.

Yard Service

(3)An employe receiving two weeks’ vacation, or pay In lieu thereof, under

Section l(b) sball be paid @th of the compensation earned by such employe,

under schedule agreements held by the organizations signatory to the April

29, 1949 Vacation Agreement, on the carrier on which he qualified under

Section 1

201

(or carriers in case he qualified on more than one carrier under Section 1

(g) ) during the calendar Year Preceding the year in which the vacation Is taken, but in no event shall such pay be less than ten (10) minimum basic dtvs’ pay at the rate of the last yard se,.rvice rendered.

Combination of Yard and Road Service

(4) An employe having interchangeable yard

and road rights receiving two weeks’ vacation,

or pay in lieu thereof, under Section I (b) shall be paid 1,@th of the

compensation earned by such employe, under schedule agreements held by the

organizations signatory to the April 29, 1949 Vacation Agreement, on the

carrier on which he qualified under Section 1 (or carriers in case he

qualified on more than one carrier under Section l(g)) during the calendar

year preceding the year in which the vacation is taken: provided that, if

@he vacation is taken during the time such employe is working in road

service such pay shall be not less than twelve (12) minimum basic days’ pay

at the rate of the last road service rendered, aiid if the vacat@on is

taken during the time such employe is working in yard service such pay

shall be not less than ten (10) minimum basic days’ pay at the rate of the

last yard service ren-

dered. Yard Service

(5)An employe receiving three weeks’ vacation, or pay in lieu thereof. under Section l© shall be paid @%2nd of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreeriient, on the carrier on which he qualifled under Section 1 (or carriers in case he qualified on more than one carrier under Section 1 (g) ) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than fifteen (15) minimum basic days’ pay at the rate of the last yard service rendered.

Combination of Yard and @ad Service

(6) An employee having interchangeable

yard and road rights receiving three weeks’

vacation, or pay in lieu thereof, under Section l© shall be paid 3A,2nd

of the compensation earned by such employe, under schedule

202

agreements beld by the organizations signatory to the April 29, 1949

‘%7acation Agreement, on the carrier on which he qualified under Section I

(or carriers in case he qualified on more than one carrier under Section 1

(g) ) during the calendar year preceding the year in wbich the vacation is taken; provided that, if the vacation is taken during the time such employe is N%,orking in road service such pay shall bo, not less than eighteen (18) minimum basic days’ pay at the rate of the last road service rendered, and if the vacation is taken diiring the titne such employe is working in yard service such pay shill be not less than fifteen (15) minimum basic days’ pa3r at the rate of the last yard service rendered.

(7)’With respect to yard service employes, and with reqpect to any yard service employe having interchangeable yard and road rights %vho receives a vacation in yrrd service. such additional vacation days shall be reduced by ‘,,’,,th.

Section 3. ‘%Yacations, or allowances therefor, under two or more schedules held by different organizations on the same carrier shall not be combined to create a vacation of more than the maximum number of days provided for in any of such schedules.

Section 4. Time off on account of vacation will not be considered at; time off account employe’s own accord under any guarantee rules and will not be conc;idered as breaking such guarantees.

Section 5. The abqence of an employe on vacation with pay, as provided in this agreement, will not bi? considered as a vacancy, temporary, or other@,ise. in applying the bulletin rules of schedule agreements.

Section 6. Vacations shall be taken between January lst and December 31st:

however, It is recognized that the exigencies of the service create

practical difficulties in providing vacations in all instances. Due regard,

consistent with requirements of the service, shall be given to the

preference of the employe in his seniority order in the class of service in

which engaged when granting vacations. Representatives of the carriers and

of the employes will cooperate in arranging vacation periods. administering

vacations and releasing employes when requirements of the service will

permit. It is understood and agreed that vacationing employes will

203

be paid their vacation allowances by the carriers as soon as possible after the vacation period but the parties recognize that there may be some delay in such payments. It is understood that in any event such employe will be paid his vacation allowance no later than the second succeeding payroll period following the date claim for vacation allowance is filed.

Section 7(a). Vacations shall not be accumulated or carried over from one

vacation year to another. However, to avoid loss of time by the employe at

end of his vacation period, the number of vacation days at the request of

the employe may be

reduced In one year and adjusted in the next year.

(b)After the vacation begins layover days dur-

Ing the vacation period shall be counted as a part

of the vacation.

Section 8. No vacation with pay, or payment in lieu thereof, will be due an employe whose employment relation with a carrier has terminated prior to the scheduled vacation period as provided In Section 6, except that employes retiring under the provisions of the Railroad Retirement Act shall. receive payment for vacation due.

Section 9. The terms of this agreement shall not be construed to deprive any employe of such additional vacation days as he may be entitled to receive under any existing rule, understanding or custom, which additional vacation days shall be accorded under and in accordance with the terms of such existing rule, understanding or custom.

Section 10. Any dispute or controversy arising out of the interpretation or

application of any of the provisions of this agreement will be handled on

the property in the same manner as other disputes. If the dispute or

controversy is not settled on the property and either the carrier or the

organization desires that the dispute or controversy be handled further, it

shall be referred by either party for decision to a committee, the carrier

members of which shall be five members of the Carriers’ Conference

Committees signatory hereto, or their successors; and the employe members

of which shall be the chief executives of the five organizations signatory

hereto, or their representatives, or successors. It is agreed that the

Committee hereiin provided will meet between January I and June 30 and July

1 and December 31 of each year If any disputes or controversies have been

filed for con-

204

sideration. In event of failure to reach agreemen the dispute or controversy shall be arbitrated I accordance with the Railway Labor Act, as amend ed, the arbitration being handled by such Com mittee. Interpretation or application agreed upo by such committee, or fixed by such arbitration shall be final and binding as an interpretation 0 application of this agreement.

Sectfon 11. This vacation agreement shall b construed as a separate

agreement by and on be half of each carrier party bereto, and Its railroa

employes represented by the respective organi zations signatory hereto, and

effective July 1, 194 supersedes the Consolidated Unfform Vacatio Agreement

dated June 6, 1945, in so far as sat agreement applies to and dellnes the

rights an obligations of the carriers parties to this agreemen and the

employes of such carriers represented b the Brotherhood of Locomotive

Engineers, Brother hood of Locomotive Firemen and Enginemen, Orde of

Railway Conductors, Brotherhood of Railroa Trainmen and Switchmen’s Union

of North America

An employe who has taken or Is iicheduled t commence hiB vacation during the year 1949 prio to July 1. 1949 shall not be entitled to the in creased vacation nor to the vacation allowance pro vided for herein during the period July 1, 1949 December 31, 1949.

Section 12. This vacation agreement shall con tinue in effect until changed or modiiled In accord ance with provisions of the Railway Labor Act, a amended.

Section 13. This agreement is subject to op proval of courts with respect

to carriers in hand

proval of cou rts with respect to carriers in ha of receivers or trustees,

Section 14. The parties hereto having in conditions which exist or may arise on indivi carriers in making provisions for vacations pay, a.7ree that the duly authorized represents (General Cbairman) of the employes, party to agreement, and the officer designated by the carr may enter into additional written understanding implement the purposes of this agreement, provi that such understandings shall not be Inconsis with this agreement.

SIGNED AT CHICAGO, ILLINOIS, THIS 29th

OF APRIL, 1949.

ignat

MEMORANDUM

Chicago, IlItnois April 29, 1949 Referring to agreement, signed this date, between employes represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen, and the Switchmen’s Union of North America, and the Carriers represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, with respect to vacations with pay:

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

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

2. An employe in freight service on a run of 125 miles, upon which no overtime or other allowances accrue, will be credited with 11/4 basic days.

3. An employe in freight service on a run of 125 miles, with total time on duty of 14 hours on the trip, will be credited with 1 % basic days.

4. An employe in yard service working 12 hours will be credited with 1 % basic days.

5. An employe in freight service, run-around and paid 50 miles for same, will be credited with % basic day.

6. An employe in freight service, called and released and paid 50 miles for same, will be credited with % basic day.

7. An employe in freight service, paid no overtime or other allowances, working as

follows:

Ist tri p, 150 miles

2nd trip, 140 miles

3rd trip, 120 miles

4th trip, 150 miles

5th trip, 140 miles

Total 700 miles

will be credited with seven basic days.

8. An employe in freight service makes trip of 80 miles In 8 hours or less, for which he is paid 100 miles, %rfll be credited with 1 basic day.

9. An engineman in passenger service make a trip of 100 miles or less In 5 hours, wi be credited with I basic day.

10. An engineman in short-turn-around pa senger service, makes a trip of 100 mile or less, on duty eight hours within a sprea of nine hours, will be credited with 1 basi day.

11. A trainman In short-turn-around passenge service, niikec; a trip of 150 miles or )es on duty eight hotirs within a spread of nin hours, N%,Ill be creditpd with I basic da

12. A trainman in short-turn-around passenge service. makes a trip of 150 miles or ]es total spread of time 10 hours, on duty eigh bours within the first nine hours, will b credited with I% basic days.

13. An employe in freigbt service, deadheadin Is paid 50 miles for same, will be credite with 2h basic day.

14. An employe is paid eight hours under th held-away-from-bome terminal rule, wil be credited with 1 basic day.

15. An employe is allowed oue hour a

Vs basic day.

IIE310RAND’Llf

Chicago, Illinois

December 16, 195

Referring to the vacation agreement, as ame by the agreement signed this

date, between ployes represented by the ]3rotherhood of Rail Trainmen and

carriers represented by the Eas ‘Western and Southeastern Carriers’ Coiafe

Committees,

Effective January 1, 1954, it is understood if an employe who performed the necessary qu ing seri-ice in the year prior to the year o death, dies before receiving such vacation or ment in )ieii therpof, payment of t)ie a)lowanc sueb vacation sb,,ill be made to his widow.

For example, if an employe performs 160 da serN,Ice in 1953 and dies in

1954 before recei bis 1954 vacation, payinent in lieu tbereof wi ulao.e to

his ividow. No i,,ication allowance wi

aO.e to his ividow. No i,,ication ue for 1955 even though sucli orked 160 days in 1954.

ays i

,-natu

MEMORANDUM OF AGREEMENT between Northern PacificRailway Company and its er-.ipl represented by the Order of Pailway Conductors Brakemen and Brothorhood of Railroad Train made pursuant to the provisions of Article 7 of ORC Agreement of May 23, 1952 and BRT Ag ment of May 25, 1951 covering

the pooling of booses.

IT IS AGREED-

Except for assigned locals and assigned w trains, the Railway Company may pool cabooses, eluding cabooses in intei-raili-oa(i service between Northern Pacific and Southern Pacific. When i boose is pooled on a particular tssignment or i . s ecific territor the follotvin will rboose is pooled on a particular tssignment or in a specific territory, the following will govern:

1. Before pooled cabooses are operated, locke rooms equipped with table, chairs or benches an ventilated 18"xl8"x72" lockers in a number sufficien to furnish each conductor and trainman on a poole caboose with a locker, and washrooms equipped wi washbasins and toilets will be provided at home an distant terminals for conductors and brakemen re quired to perform service with pooled cabooses Janitorial service for these facilities will be per formed by other than conductors and trainmen.

2. Except for cabooses furnished by the Souther Pacific for use in interrailroad service (which ea booses will be those acceptable to the emplo37es o that carrier in such service), cabooses of the 100 and 1100 series will be used in pooled caboose service. Initially, cabooses of the 1100 series will be used in pooled caboose service until their supply has been exhausted, following which the cabooses of the 1000 series may be used. In the event it become necessary to use cabooses of the 1000 series in thi service, a sufficient number of such cabooses to fil the needs of the pooled caboose service will be up graded within six (6) months from the date a cabooses are used in pooled service by equippin them with cushion-type underfraines, electric lights Incinolet toilets and gas-operated refrigerator a water cooler. The lwlway Company will clean ea booses at the originating terminal of the train o which the cabooses are pooled. The Railway Corn pany will also supply these cabooses and conductor on such cabooses will make record of material use during their tour of duty on the prescribed form. Note:If in the future the Railway Company desires to pool cabooses with railroads other than the SouthernPacific, before such service is inaugurated the Railway Company shall negotiate with the Gen eral Chairmen with respect to the type of cabooses to be used in such service.

3.Transportation between the caboose and point of going on and off duty will be furnished by the Railway Company for conductors and brakemen at points where they are required to

board or leave pooled caboose one-half mile or more from the point of going on or off duty. When train crews on pooled cabooses are tied up or placed on release between terminals because of wreck, snow not available be furnished where food a such as ng are on will able to a point

4. When unassigned crews are called to perform service on trains where cabooses are not pooled and they- are tied up at branch line terminals or other necessary for the Rail facilities outlined here company will clean the the originating termi-

5. Conductors and trainmen who perform service on a caboose that is pooled under the provisions of

this agreement will be paid an arbitrary allowance for each road mile actually run in accordance with the following:(a) Conductors and trainmen who do not qualify for Expenseli Away From Home (Article II of the June 25, 1964 National Agreement) will be paid one cent (10) per road mile actually run with a minimum of 100 road miles per trip; and

p

(b) Cdhductors and trainmen who qualify for Expenses Away From Home (Article II of the June 25p 1964 National Agreement) will be paid one-half cent (%O) per road mile actually run with a minimum of 100 road miles per trip.

Note: 4Conductors and trainmen deadheading before or after performing service on a pooled caboose will be compensated under the provision of either Item (a) or (b) of this paragraph.

210

6. This Memorandum of Agreement takes precedeuce over any schedule rule, agreement, interpreta-