Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.


Spokane, Portland and Seattle Railway Company

Oregon Trunk Railway

Schedule for Yardmen

PREAMBLE

Agreement between Spokane, Portland and Seattle Railway Company: Oregon Trunk Railway and Yardmen, as represented by the Brotherhood of Railroad Trainmen and governing their rates of pay, rules and working conditions. This Agreement shall become effective as of December 1, 1952, and shall continue thereafter until thirty (30) days after notice is given in writing by either party hereto to the other of its desire for amendment, revision, or cancellation thereof, and shall supersede all previous agreements, rulings, or interpretations which are in conflict herewith.

ARTICLE I.

Basic Rates of Pay.

Per Day

5 day 6 or 7 day

Class-- week week

Foremen ................. $15.59 $15.27

Helpers .................... 14.74 14.42

Switchtenders .............. 14.74 14.42


ARTICLE II.

Basic Day.

Eight hours or less shall constitute a day's work.

ARTICLE III.

Establishment of Five­Day Work Week

Section 1.

(a) Effective February 15, 1952 there is established for all classes or crafts of Yard service employes covered by this Article III, subject to the exceptions contained therein, a work week of forty hours, consisting of five consecutive days of eight hours each, with two days off in each seven, except as hereinafter provided. The foregoing work week rule is subject to all other provisions of this Article III.

(b) Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1(a), bulletins will be issued as required by schedule rules, listing the days off of regular assignments and advertising regular relief assignments.

Section 2.

The term "work week" for regularly assigned employes 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 on days off of regular assignments it may be performed by other regular assignments, by regular relief assignment, 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 shall, except as otherwise provided in this Article III, have five consecutive days of work, designated days of service, and definite starting times on each shift within the time periods specified in Article VI. They may on different days, however, have different starting times within the periods specified in Article VI, and have different points for going on and off duty within the same seniority district which shall be the same as those of the employe or employes they are relieving.

(b) Where regular relief assignments cannot be established for five days on the same shift within the time periods specified in Article VI, 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 Article VI, 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.

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

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

(e) Regular relief assignments for yard crews will be established for the crew as a unit. However, if an operational problem exists or arises which makes it impracticable to relieve regular or regular relief crews as a unit, or if either of the parties 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 the days off of individual members of a crew.

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

(f) Except as otherwise provided for in this Section 3, regular relief assignments shall be established in conformity with rules or practices in effect 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 to provide for the accumulation of days off over a period not to exceed five consecutive weeks.

If 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 non­consecutive 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 non­consecutive days off. If such representatives fail to agree, the carrier may nevertheless establish non­consecutive 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.

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

Section 6.

(a) In the 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 for such day or days.

(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 Article XXIV.

(c) In event a regular or regular relief job or assignment is annulled for one day or more and any or all of the displaced yard service employes 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 6, (2) that such yard service employes are used from the extra board in accordance with Article XXlV, 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 Article IV.

(d) 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 eight­hour shifts, as referred to in paragraph (e) of this Section 6, in the work week starting with the Monday in which the change is made.

(e) Except as provided in paragraph (d) of this Section 6, employes, regular or extra, will not be permitted to work more than five straight time eight­hour shifts in yard service (excluding the exceptions from the computations provided for in Article IV, 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.

Section 7.

(a) Where reference is made in this Article III 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) of Article III shall not apply to :

Car Retarder Operators

Hump Motor Car Operators (chauffeurs)

Levermen

Switchtenders (sometimes classified as switchmen)

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

Section 8.

Existing rules and practices, including those relating to the establishment of regular assignments, or the establishment and regulation of extra boards, in conflict herewith are hereby changed or eliminated to conform to the provisions of this Article III in order to implement the operation of the work week on a straight time basis.

ARTICLE IV.

Overtime --

Regular Men and Regular Relief Men

(1) Except when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off; or where exercising rights from one assignment to another; all time worked in excess of eight hours continuous service in a 24­hour period, shall be paid for as overtime, on the minute basis, at one and one­half times the hourly rate, except that work performed by regular relief men on assignments which conform with the provisions of Section 3 of Article III shall be paid for at the straight time rate. This rule applies only to service paid on an hourly or daily basis, and not to service paid on mileage or road basis.

Overtime--

Extra Men.

(2) 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 one­half times the hourly rate.

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

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

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

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

A twenty­four 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.

(d) 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.

(e) 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 one­half 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.

(3) Employes worked more than five straight time eight­hour shifts in yard service in a work week shall be paid one and one­half times the basic straight time rate for such excess work except:

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

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

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

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

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

In the event an additional day's pay at the straight time rate is paid to a yard service 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 eight­hour 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 Article IV, be utilized in computing the five straight time eight­hour shifts referred to in such paragraph (3) of this Article IV, 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, stand­by time, and compensation therefor, preparatory time, starting time (except as otherwise provided in Section 3, Article III) and similar rules are not affected by the provisions of this Article IV.

(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 IV, nor shall service under two agreements be combined in any manner in the application of Articles III, IV, and V as revised.

ARTICLE V.

Assignments

(a) Except as provided in Article III, Section 3, paragraphs (a), (b), and (d), yardmen shall have 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.

(b) All regular or relief assignments for yard service employes shall be for five consecutive calendar days per week of not less than eight consecutive hours per day except as otherwise provided in this Schedule.

ARTICLE VI.

Starting Time.

(a) Regularly assigned yard crews shall each have a fixed starting time, and the starting time of a crew will not be changed without at least forty­eight hours' advance notice. Practices on individual railroads as to handling of transfer crews are not affected by this paragraph.

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

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

(d) Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 a.m. and 10:00 a.m., and the second not later than 10:30 p.m.

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

(f) The provisions of this rule shall not apply at points where two engines are worked.

(g) At points where only one yard crew is regularly employed, they can be started at any time, subject to paragraph (a).

ARTICLE VII

Calculating Assignments and Meal Periods.

The time for fixing the beginning of assignments of 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.

ARTICLE VIII.

Point for Beginning and Ending Day.

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

ARTICLE IX.

Lunch Time.

(a) Yard crews will be allowed twenty minutes for lunch, between four and one­half (4 ½) and six (6) hours after starting work, without deduction in pay.

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

ARTICLE X.

Arbitraries and Special Allowances.

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.

ARTICLE XI.

Regular Crews Discontinued.

When regular assigned engines are discontinued, yardmen will be notified in sufficient time to enable them to exercise their seniority without loss of time.

ARTICLE XII.

Seniority.

(a) The seniority rights of yardmen will date from the time they enter the service (continuous) in the yards where employed.

The right to preference of work, and promotion will be governed by seniority in service. The yardmen longest in service will be given the preference, if competent.

In the appointment of yardmasters and assistant yardmasters, the oldest qualified yardman shall be given full consideration.

(b) Temporary vacancies for position of helpers will be filled from the extra board.

Temporary vacancies for positions of foreman will be filled in the following order:

lst - By using the senior promoted helper working on engine on which vacancy occurs.

2nd From extra board.

3rd By using senior available promoted helper working nearest to starting time of shift on which vacancy occurs.

4th By using the senior available foreman.

Permanent vacancies will be advertised by bulletin for period of seventy­two (72) hours. Yardmen entitled to regular jobs will be required to bid upon them when advertised, or forfeit their rights to claim them until another permanent vacancy occurs.

Yardmen bidding on jobs as helpers in preference to job as engine foreman, forfeit their rights as engine foreman until the next permanent vacancy occurs, except as provided by paragraph (b), Article XVIII.

When no bids are received on a bulletined vacancy, the junior extra yardman who is not then assigned will be assigned to the vacancy.

(c) Change of thirty minutes or more in time of starting work or tieing up, or change in designated point for starting or tieing up or permanent change in class of work to be performed by an engine, will be considered sufficient cause for it to be bulletined.

Yardmen will be assigned to their engines within seventy­two (72) hours after expiration of bulletin.

(d) Any engine working five consecutive days or more will be considered regularly assigned and be open for bids, unless at the time the engine is put on it is known to be regularly assigned, in which case it will be advertised the same as any other permanent vacancy.

(e) If, in the case of sickness or leave of absence, or for any other reasons, a yardman is unable to bid on positions open for bid, he will, on returning to duty, be entitled to exercise his seniority by displacing any yardman his junior holding such positions which have been bulletined during his absence.

(f) When it is known that an assigned man will be off duty for thirty days or more for any cause, the vacancy will be considered as a permanent vacancy and will be bulletined and assigned under Paragraph (b) of this Article XII.

(g) In case of illness, or where for any other cause, length of absence is indefinite, vacancy will be bulletined after expiration of twenty days, except when otherwise agreed by the Yardmaster and Committee.

ARTICLE XIII.

Yardmen Assigned to Other than Regular Duties.

(a) Pilots will receive foreman's pay; engine herders will receive helper s pay.

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

ARTICLE XIV.

Work Service.

Yard crews will be used to perform work train service inside yard limits, or in switching district.

ARTICLE XV.

Disallowed Time

(a) When for any reason, time claimed by slip is not allowed, or if time slip is incorrect, it will be promptly returned and reasons given therefor.

(b) When time of yardman is short, time check to cover shortage will be issued on request, if shortage amounts to three dollars or more.

(c) All claims must be made in writing by or on behalf of each individual employe within sixty (60) days from date of the occurrence on which the claim is based, and if not so presented, are barred.

(d) Decision by the highest officer designated by the carrier to handle claims shall be final and binding unless within one year from the date of said officer's decision such claim is disposed of on the property or proceedings for the final disposition of the claim are instituted by the employe or his duly authorized representative and such officer is so notified. It is understood, however, that the parties may by agreement in any particular case extend the one year period herein referred to.

ARTICLE XVI.

Minimum Crew.

Yard crews shall consist of a foreman, and not less than two helpers.

ARTICLE XVII.

Experienced Men Preference.

(a) In the employment of yardmen, experienced men shall be given preferred consideration, inexperienced men shall not hold rights over experienced men, until they have been thirty days in the service, at which time, they shall receive date.

(b) A yardman filing application for position will be notified within ninety days of the acceptance or rejection of his application.

If not notified within ninety days, they will be considered accepted.

ARTICLE XVIII.

Reduction in Force.

(a) A yardman losing his position by reason of its having been discontinued or taken by a yardman his senior, shall be entitled to take any position in the yard held by a yardman his junior in seniority.

(b) When forces are reduced, yardmen will be cut off the board in the reverse of their seniority. Yardmen with 91 days or more seniority who have been cut off the board account reduction of force will be given preference to re­employment when force is again increased, provided they keep the Division Superintendent advised of their address and report for work within ten days of being advised to do so, and will hold their former seniority if returned to service within six months.

Transportation on system to division headquarters will be furnished.

(c) Yardmen returning to service after leave of absence or reduction of force, will notify the yardmaster not less than sixteen hours prior to the starting time of the service he desires.

(d) In case of lack of force on one division and surplus on another, yardmen may be transferred temporarily, and shall not lose rights on original division, provided they return within six months. Such men will have the privilege of returning before the force on the original division is otherwise increased; if permanently transferred, will rank as new men from date of temporary transfer.

ARTICLE XIX.

Leave of Absence.

Yardmen will be granted leave of absence and transportation without unnecessary delay, to serve on committees representing the B. of R. T. of these railroads. Other leaves of absence will not be granted for a longer period than six months, except in case of sickness or injury.

ARTICLE XX.

Retention of Seniority Rights.

In case a yardman is promoted to an position with the railroads, or the organization, he will be considered in the service of the railroad as to his rank and rights of promotion and will retain the same rank that he would have gained if in actual service.

ARTICLE XXI.

Reinstatements.

Any yardman having been dismissed from the service of these railroads, retains his seniority rights during investigation and appeal of his case, and if reinstated he will be returned to service in accordance with the former seniority.

ARTICLE XXII.

Investigations.

Yardmen charged with offenses involving suspension or discharge, will be advised of the nature of such offense in writing and will be given a hearing within five days, and no yardman will be discharged, suspended or given record of suspension, without full investigation, at which investigation all parties interested will be notified to be present and at which any yardman 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.

If yardman is not satisfied with decision, he or his representative may have right of appeal to the next higher officer, continuing such appeal if desired.

If yardman is found blameless, he shall be immediately reinstated, and paid for time lost at his regular rates for each calendar day.

If transcript of investigation is made, yardman investigated or his representative, will be furnished copy.

ARTICLE XXIII.

Complaints in Writing.

All complaints made against yardmen will be made in writing, and the papers shall be open to inspection. This rule refers where one employe registers a complaint against another.

ARTICLE XXIV.

Status of Extra Men.

Extra yardmen will work first in, first out and will be called as nearly as possible one and one­half hours before they are required to go on duty.

Extra yardmen missing a call will be placed at the foot of the extra board.

ARTICLE XXV.

Equipment of Engines.

Engines regularly assigned to yard switching of Engine­service will be equipped with headlights, footboards and proper grab irons on both ends.

An engine temporarily assigned to yard switching service shall be so equipped at the first opportunity, if such engine is to be continued in yard service more than twenty­four hours.

The use of unequipped engines shall not be prolonged by the substitution of one engine for another.

Engines that blow steam so as to obstruct the observation of signals shall not be used in yard service.

ARTICLE XXVI.

Chaining Cars, Coupling or Uncoupling Hose.

Yardmen will not be required to chain up or unchain cars or couple or uncouple air or steam hose in yards or on repair tracks, where there are car repairers or inspectors employed and on duty.

ARTICLE XXVII.

Yardmen Transferred.

When yardmen are transferred from one point to another, their families and household effects will be transported free.

ARTICLE XXVIII.

Passes.

Yardmen in service one year or more, will be furnished with annual passes, good over above lines and after five years, annual passes will be furnished dependent members yardmens' families, good over above lines.

ARTICLE XXIX.

Attending Court.

Yardmen attending court or other business on behalf of the railroad, will be allowed full time, court and necessary expenses, when away from home.

ARTICLE XXX.

Service Letters.

Service letters will be promptly furnished all yardmen, who have been in the service sixty days or more and leaving the employ of the railroad. Copies of letters or recommendations will be filed with personal records of yardmen, and originals will be returned after the yardmen enter service.

ARTICLE XXXI.

Transfer Crews.

Transfers operated between Vancouver and Portland will be manned by yard crews.

ARTICLE XXXII.

Caboose on Transfer Runs.

Yardmen will be furnished cabooses properly equipped in all transfer service.

ARTICLE XXXIII.

Switch Tenders.

In filling vacancies for position of switch tenders, full consideration shall be given to yardmen disabled in the service of the railroad, whenever such injuries are not such as to unfit them for such duties. Disabled yardmen desiring to be considered in line for such positions may file application with the proper officer of the railroad.

ARTICLE XXXIV.

Seniority List Posted.

Employes in yard service shall have access to a seniority list, which shall contain a correct statement of all yardmen and their age in service, and which shall be posted in a convenient place in office of General Yardmaster. The Local Chairman of the organization represented herein shall be furnished with a copy of such list.

ARTICLE XXXV.

Switching with Cabooses.

Yardmen will not be permitted to make switching movements with cabooses other than those incident to putting them on outgoing or taking them off incoming trains.

ARTICLE XXXVI.

Road Rights.

Yardmen will hold no rights in road service and vice versa.

ARTICLE XXXVII.

Enlistment.

Yardmen entering the service of the Army or Navy of the United States or its allies, during the time of war, will be granted leave of absence and will be reinstated into the service with all their former seniority standing when mustered out of the service of the Army or Navy.

ARTICLE XXVIII.

Distribution of Schedule.

Yardmen will be furnished a copy of this schedule by the General Yardmaster, same to be surrendered to him when leaving the service.

ARTICLE XXXIX.

Suitable Quarters.

The railroad will provide suitable quarters for yardmen to eat, and keep their clothing. Where such facilities do not now exist, or as changed conditions may require, they will be provided.

Signed at Portland, Oregon this 1st day of October, 1952.

FOR: SPOKANE, PORTLAND AND SEATTLE RAILWAY

COMPANY: OREGON TRUNK RAILWAY:

E. B. STANTON,

Vice President and General Manager.

FOR: THE BROTHERHOOD OF RAILROAD TRAINMEN:

B.E. KENNELLY,

General Chairman.

APPENDIX "A"­1

VACATION AGREEMENT

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 LOCOMOTIVE FIREMEN AND ENGINEMEN, ORDER OF RAILWAY CONDUCTORS, BROTHERHOOD OF RAILROAD TRAINMEN, and the SWITCHMEN'S UNION OF NORTH AMERICA.

IT IS HEREBY AGREED:

Section 1.

(a) Effective July 1, 1949, each employe, subject to the scope of schedule agreements held by the organizations signatory hereto, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if, during the preceding calendar year, the employe renders service under schedule agreements held by the organizations signatory hereto amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules.

(b) Effective July 1, 1949, each employe, subject to the scope of schedule agreements held by the organizations signatory hereto, having five or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employe renders service under schedule agreements held by the organizations signatory hereto amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said five or more years of continuous service renders service of not less than eight hundred (800) basic days in miles or hours paid for as provided in individual schedules.

(c) In dining car service, for service performed on and after July 1, 1949 each seven and one­half (7½) hours paid for shall be considered the equivalent of one basic day in the application of Sections 1(a) and (b).

(d) 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, will be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on which an employe is absent from and unable to perform service because of injury received on duty will be included.

(e) Where an employe is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing eight hundred (800) basic days under Section 1(b).

(f) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, except that service of an employe on his home road may be combined with service performed on other roads when the latter service is performed at the direction of the management of his home road or by virtue of the employe's seniority on his home road. Such service will not operate to relieve the home road of its responsibility under this agreement.

Section 2.

Employes qualified under Section 1 hereof shall be paid for their vacation as follows:

(a) An employe receiving one week's vacation, or pay in lieu thereof, under Section 1 (a) shall be paid 1/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory hereto, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1 (f)) during the calendar year preceding the year in which the vacation is taken, but in no event shall 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 1/26 of the compensation earned by such employe, under schedule agreements held by the organizations signatory hereto, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1 (f)) during the calendar year preceding the year in which the vacation is taken but in no event shall such pay be less than twelve (12) minimum basic days' pay at the rate of the last service rendered.

Section 3.

Vacations, or allowances therefor, under two or more schedules held by different organizations on the same carrier shall not be combined to create a vacation of more than the maximum number of days provided for in any of such schedules.

Section 4.

Time off on account of vacation will not be considered as time off account employe's own accord under any guarantee rules and will not be considered as breaking such guarantees.

Section 5.

The absence of an employe on vacation with pay, as provided in this agreement, will not be considered as a vacancy, temporary, or otherwise, in applying the bulletin rules of schedule agreements.

Section 6.

Vacations shall be taken between January 1st and December 31st; however, it is recognized that the exigencies of the service create practical difficulties in providing vacations in all instances. Due regard, consistent with requirements of the service, shall be given to the preference of the 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 employees when requirements of the service will permit. It is understood and agreed that vacationing employes will be paid their vacation allowances by the carriers as soon as possible after the vacation period but the parties recognize that there may be some delay in such payments. It is understood that in any event such 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 during the vacation period shall be counted as a part of the vacation.

Section 8.

No vacation with pay, or payment in lieu thereof, will be due an 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 herein provided will meet between January 1 and June 30 and July 1 and December 31 of each year if any disputes or controversies have been filed for consideration. In event of failure to reach agreement the dispute or controversy shall be arbitrated in accordance with the Railway Labor Act, as amended, the arbitration being handled by such Committee. Interpretation or application agreed upon by such committee, or fixed by such arbitration, shall be final and binding as an interpretation or application of this agreement.

Section 11.

This vacation agreement shall be construed as a separate agreement by and on behalf of each carrier party hereto, and its railroad employes represented by the respective organizations signatory hereto, and effective July 1, 1949 supersedes the Consolidated Uniform Vacation Agreement dated June 6, 1945, insofar as said agreement applies to and defines the rights and obligations of the carriers parties to this agreement and the employees of such carriers represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen and Switchmen's Union of North America.

An employe who has taken or is scheduled to commence his vacation during the year 1949 prior to July 1, 1949 shall not be entitled to the increased vacation nor to the vacation allowance provided for herein during the period July 1, 1949­December 31, 1949.

Section 12.

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

Section 13.

This agreement is subject to approval of courts with respect to carriers in hands of receivers or trustees.

Section 14.

The parties hereto having in mind conditions which exist or may arise on individual carriers in making provisions for vacations with pay, agree that the duly authorized representative (General Chairman) of the employes, party to this agreement, and the officer designated by the carrier, may enter into additional written understandings to implement the purposes of this agreement, provided that such understandings shall not be inconsistent with this agreement.

SIGNED AT CHICAGO, ILLINOIS, THIS 29th DAY OF APRIL, 1949.

For the participating carriers listed in Exhibit A:

For the employes represented by the participating labor organizations:

APPENDIX "A"­2

Letter of Understanding

In connection with establishing a Five­Day Work Week in Vancouver and Portland Yards, and in compliance with Section 9 of Article 3 of Agreement "A" signed at Washington, D. C., May 25, 1951, it is mutually understood that:

Effective February 15, 1952, the Vacation Agreement dated April 29, 1949, effective July 1, 1949, is amended to provide the following insofar as yard service employes at Vancouver and Portland are concerned:

Section 1(a)­1(b). Add:

In the application of Section 1(a) and 1(b) each basic day in yard service performed by a yard service employe shall be computed as 1.2 days for purposes of determining qualifications for vacation.

Qualifying years accumulated, also qualifying requirements for years accumulated for extended vacations, prior to the calendar year 1952 shall not be changed.

Section 1(d). Add:

Note: The 60 and 30 calendar days referred to herein shall not be subject to the 1.2 computation provided for in Sections 1(a) and 1(b).

Section 2(a). Add:

Yard Service

An employe receiving one week's vacation, or pay in lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the Vacation Agreement effective July 1, 1949, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(f)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than five (5) minimum basic day's pay at the rate of the last service rendered.

Section 2(b). Add:

Yard Service

An employe receiving two weeks' vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the Vacation Agreement effective July 1, 1949, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(f)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than ten (10) minimum basic days' pay at the rate of the last yard service rendered.

Section 9. Add:

With respect to yard service employes, and with respect to any yard service employe having interchangeable yard and road rights who receives a vacation in yard service, such additional vacation days shall be reduced by 1/6th.

General

Except to the extent that the Vacation Agreement effective July 1, 1949, is changed by this letter of understanding, the said Vacation Agreement, as well as the Memorandum of Understanding of April 29, 1949, shall remain in full force and effect.

The second paragraphs of Section 9, 2(a) and 2(b) were omitted as they covered employes in Combination of Yard and Road Service, whereas yardmen at Vancouver and Portland do not hold road rights.

FOR: SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY

/S/ E. B. STANTON,

Vice President and General Manager.

FOR: BROTHERHOOD OF RAILROAD TRAINMEN

/S/ B. E. KENNELLY,

General Chairman.

Signed at Portland, Oregon

January 21, 1952.

APPENDIX "B"

MEMORANDUM OF AGREEMENT

(Revised eff. 9­1­51 as to allowance)

For the purpose of applying Article XXV of Schedule for Yardmen effective March 1, 1929, this Memorandum of Agreement shall govern where Yardmen are required to couple or uncouple air hose within yard limits, where there are car repairers or car inspectors employed and on duty.

It is understood and agreed, that:

(1) Except as provided in Paragraph (2) of this Memorandum of­Agreement when a member or members of a yard crew are ordered by proper authority, (above Foreman) to couple or uncouple air hose between cars handled during the day's work, an allowance of ninety­five cents ($.95) per shift will be paid to each member of the yard crew, regardless of which member of the yard crew does the work. This allowance will be paid only once in the course of each tour of duty, even though such work may be performed more than once during such tour of duty.

(2) Yardmen shall couple and/or uncouple air hose under the following conditions, and the allowance provided in Paragraph (1) shall not apply:

(a) Between engine and first car.

(b) Between engine and caboose.

(c) Between caboose and last car.

(d) Between cars where cuts are made at railroad, highway, street, or other crossing to permit traffic to move.

(e) When couplings break after couplings have been properly made and movement by yard engine begun.

(f) When attaching and detaching back up pipe.

(g) In case of defective air hose.

(h) When making doubles, and/or picking up or setting out cars (except when picking up or setting off cars at industries), and/or setting out bad order cars.

(i) In an emergency such as at the request of Police or Fire Departments, Civil authorities, or to make way for ambulances, doctors, etc.

(3) Yardmen will not perform this work on cars other than those they handle in their own train.

(4) Paragraph (1) shall not apply to crews in Work, Wreck or Construction Service.

(5) This Memorandum of Agreement will be effective as of May 1, 1948 and will remain in effect until thirty (30) days after receipt of written notice served by either party upon the other to cancel same, whereupon it will be automatically cancelled.


Signed at Portland, Oregon, this 5th day of April, 1948.

For the Employes:

/S/ B. E. KENNELLY,

General Chairman, Brotherhood of Railroad Trainmen.

For the Company:

/S/ E. B. STANTON,

Vice President and General Manager.

AGREEMENT

Between

Spokane, Portland and Seattle

Railway Company

Oregon Electric Railway Company

Oregon Trunk Railway

and

BROTHERHOOD OF RAILROAD TRAINMEN



Agreement governing rates of pay, rules and working conditions of yardmen represented by the Brotherhood of Railroad Trainmen and employed by these railway companies in their so­called "open yards."

Albany, Oregon Salem, Oregon

Bend, Oregon Sweet Home, Oregon

Eugene, Oregon Wishram, Washington

O. E. Ry. Co., Industrial switching district,

Portland, Oregon

This agreement shall become effective as of June 1, 1956; shall continue in effect thereafter until amended, revised or cancelled in accordance with procedure established in the Railway Labor Act; and supersedes all previous agreements, rulings or interpretations which are in conflict herewith.

ARTICLE I

Rates of Pay.

Per Day

Class (Eff. 12-1-55)

Yard conductors (foreman) $19.42

Yard brakemen (helpers) 18.15

Switchtenders 16.29

ARTICLE II

Basic Day

Eight hours or less shall constitute a day's work.

ARTICLE III

Five Day Work Week.

Section 1 -- (a) Effective December 1, 1955 there is established, for all classes of yard service employees covered by this agreement, subject to the exceptions contained therein, a work week of forty hours, consisting of five consecutive days of eight hours each, with two days off in each seven, except as hereinafter provided. The foregoing work week rule is subject to all other provisions of this Article III.

(b) Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1, the carrier will post bulletins as required by schedule.

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

(2) The changes as enumerated above shall begin on the effective date of this Article III, and employees may exercise seniority rights to select the assignment, or days off of their choice.

(3) After assignments as referred to in Section 1(b)(1) have been made, changes thereafter shall be made in accordance with schedule bulletin rule or practices in effect.

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

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

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

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

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

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

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

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

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

If the carrier contends it is not practicable to grant two consecutive days off to a regularly assigned or regular relief employee and that it is necessary to establish non­consecutive days off, representatives of the carrier and representatives of the employees will confer and endeavor to agree upon accumulation of days off or the establishment of non­consecutive days off. If such representatives fail to agree, the carrier may nevertheless establish non­consecutive days off subject to the right of the employees 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 -- In cases where there is a man or men on the brakemen's extra board available for work at the pro rata rate, the first out man on the extra board, who works in excess of five shifts in one work week, shall be paid at the pro rata rate. This provision will also apply to common extra boards of conductors when such extra boards are maintained.

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

Section 7 -- In event a regular or regular relief job or assignment is annulled for one day or more, the yard service employee or employees holding the job or assignment may exercise their seniority in accordance with rules in effect on the property.

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

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

Except as provided in Section 5 and 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 one­half times the hourly rate.

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

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

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

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

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

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

(e) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one­half 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.

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

(a) Where days off are being accumulated under section 4 of this Article III;

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

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

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

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

In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time eight­hour 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 eight­hour 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, stand­by 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 III, nor shall service under two agreements be combined in any manner in the application of this Article III.

Section 9 -- Vacations covered by Appendix "A.

Section 10 -- All regular or regular relief assignments for yard service employees shall be for five (5) consecutive calendar days per week of not less than eight (8) consecutive hours per day, except as otherwise provided in this Article III.

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

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

Car Retarder Operators

Hump Motor Car Operators (Chauffeurs)

Levermen

Switchtenders (sometimes classified as Switchmen)

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

Section 12 -­ The parties hereto having in mind conditions which exist or may arise on individual carriers in the application of the five­day work week agree that the duly authorized representative (General Chairman) of the employees, party to this agreement, and the officer designated by the carrier, may enter into additional written understandings to implement the purposes of this Article III, provided that such understandings shall not be inconsistent with this Article III.

ARTICLE IV

Starting Time.

(a) Regularly assigned yard crews shall each have a fixed starting time, and the starting time of a crew will not be changed without at least 48 hours advance notice. Practices on individual roads as to handling of transfer crews are not affected by this section.

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

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

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

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

(g) If the starting time of an assignment is changed more than forty­five minutes, the incumbent thereof may vacate the assignment.

NOTE: Exceptions to starting time rules may be agreed upon by the management and general committees to cover local service requirements.

ARTICLE V

Start of Assignment or Meal Period.

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.

ARTICLE VI

Point for Beginning and Ending Day.

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

ARTICLE VII

Lunch Time.

(a) Yard crews will be allowed twenty minutes for lunch between four and one­half (4½) and six (6) hours after starting work without deduction in pay.

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

ARTICLE VIII

Emergency Road Service.

Where regularly assigned to perform service within switching limits, yardmen shall not be used in road service when road crews are available, except in case of emergency. 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.

ARTICLE IX

Assignments Discontinued.

When regularly assigned switch engines are discontinued, yardmen affected will be notified before close of last shift, when practicable.

ARTICLE X

Minimum Crew.

Yard crews shall consist of a foreman and not less than two helpers. An additional helper will be added to crews when necessary to properly handle work. This rule does not apply to manning of self propelled machines within switching limits of open yards. (See Appendix "M".)

ARTICLE XI

Disallowed Time.

(a) When for any reason, time claimed by slip is not allowed, or if time slip is incorrect, it will be promptly returned and reasons given therefor.

(b) When time of yardman is short, time check to cover shortage will be issued on request, if shortage amounts to one day or more.

(c) All claims must be made in writing by or on behalf of each individual employee within sixty (60) days from date of the occurrence on which the claim is based, and if not so presented, are barred.

(d) Decision by the highest officer designated by the carrier to handle claims shall be final and binding unless within one year from the date of said officer's decision such claim is disposed of on the property or proceedings for the final disposition of the claim are instituted by the employee or his duly authorized representative and such officer is so notified. It is understood, however, that the parties may by agreement in any particular case extend the one year period herein referred to.

ARTICLE XII

Reporting for Duty.

A yardman who is laying off must report for work within six hours from the time the yardman to be displaced has been relieved from duty.

ARTICLE XIII

Complaints in Writing.

All complaints made against yardmen will be made in writing, and papers shall be open to inspection. This rule refers where one employee registers a complaint against another.

ARTICLE XIV

Equipment of Engines.

Engines regularly assigned to yard switching service will be equipped with headlights, footboards and proper grab irons on both ends.

An engine temporarily assigned to yard switching service shall be so equipped at the first opportunity, if such engine is to be continued in yard service more than twenty­four hours.

The use of unequipped engines shall not be prolonged by the substitution of one engine for another.

ARTICLE XV

Chaining Cars, Coupling or Uncoupling Hose.

Yardmen will not be required to chain up or unchain cars or couple or uncouple air or steam hose in yards or on repair tracks, where there are car repairers or inspectors employed and on duty, except as provided in Appendix "I."

ARTICLE XVI

Attending Court.

Yardmen attending court or other business on behalf of the railroad, will be allowed full time, and necessary expenses, when away from home.

ARTICLE XVII

Bulletins.

New positions, vacated positions, vacancies caused by a definitely arranged for leave of absence of 45 days or more, or any other vacancy of 30 or more days duration in yard service, will be bulletined for a period of seven days, and the successful applicant will be assigned thereto within five days of expiration date of bulletin. Men, who are on leave of absence due to sickness or otherwise, or absent on vacation, for the entire life of a bulletin, will not be deprived of the privilege of applying for a vacancy or position bulletined during their absence provided they do so immediately after reporting for duty.

ARTICLE XVIII

Switching with Cabooses.

Yardmen will not be permitted to make switching movements with cabooses other than those incident to putting them on outgoing or taking them off incoming trains.

ARTICLE XIX

Distribution of Schedules.

Yardmen will be furnished a copy of this schedule, same to be returned when leaving the service.

ARTICLE XX

Suitable Quarters.

The railroad will provide suitable quarters in which yardmen may eat and keep their clothing. If changed conditions require such quarters where none now exist, they will be provided.

ARTICLE XXI

Work Service.

Yardmen performing work train service will be governed by agreement dated November 4, 1949, appearing as Appendix "E."

ARTICLE XXII

Pilots and Herders.

(a) When pilots are used exclusively within switching limits, they will receive foreman's rate; when engine herders are used exclusively within switching limits, they will receive helper's rate.

Yardmen Assigned to Other Than Regular Duties.

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

ARTICLE XXIII

Military Service.

Yardmen, who have been in service 90 days, entering military service of the United States will be granted leaves of absence, will retain full seniority, and on their discharge from military service will be governed by the provisions of the Universal Military Training and Service Act. (See Appendix "H").

ARTICLE XXIV

Leaves of Absence.

Yardmen, generally known as such, will be granted leave of absence and transportation without unnecessary delay to handle committee work while assigned in the open yards. Foreign line transportation will be limited to those railroads that furnish free exchange transportation to employees of this Carrier in such circumstances.

ARTICLE XXV

Deadheading - Rate of Pay.

Yardmen, generally known as such, deadheaded under deadhead pay provisions incidental to work in open yards shall be paid at the prevailing yard rate of pay for such deadheading after the principle established by the joint agreement of April 1, 1925, revised, and more recently of necessity separated, revised, and currently preserved, and consequently when so deadheaded will be paid at that rate of pay, as prescribed.

ARTICLE XXVI

Investigations.

Yardmen while actively engaged in actual service at open yard points, who have been in service 90 days and who are required to attend investigations where charged with offenses involving discipline while so engaged, will be advised of the nature of such offenses in writing and will not be disciplined or given record suspension without full investigation, at which investigation all parties interested will be notified to be present and at which any yardman under investigation may be represented by an employee 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.

Notice of such investigation, stating the known circumstances involved, shall be given to the employee in writing within five (5) calendar days of the date that knowledge of the offense or irregularity has been received by the Superintendent, Trainmaster or Yardmaster in charge and investigation will be held within five calendar days of such notice.

If postponement is requested by either party, it will be agreed to by the other providing such postponement does not exceed 30 days.

If Yardman is not satisfied with decision, he or his representative may have right of appeal to the next higher officer, continuing such appeal if desired.

Yardmen found to be blameless shall be exonerated of the charges, and paid for time lost at his regular rates for each calendar day.

If transcript of investigation is made, yardman investigated or his representative, will be furnished copy.

Signed at Portland, Oregon this 10th day of May, 1956.

FOR SPOKANE, PORTLAND AND SEATTLE

RAILWAY COMPANY

OREGON TRUNK RAILWAY

OREGON ELECTRIC RAILWAY COMPANY

E. H. SHOWALTER,

General Manager.

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN

B.E. KENNELLY, General Chairman

Approved:

H.E. NEVALA, Deputy President

APPENDIX "A"

VACATION AGREEMENT

(Effective July 1, 1949, as amended January 1, 1954)

This Vacation Agreement made this 29th day of April, 1949, by and between the participating carriers listed in Exhibits A, B and C, attached hereto and made a part hereof and represented by the Eastern, Western and Southeastern Carriers' Conference Committees, and the employees shown thereon and represented respectively by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, ORDER OF RAILWAY CONDUCTORS, BROTHERHOOD OF RAILROAD TRAINMEN, and the SWITCHMENS UNION OF NORTH AMERICA.

IT IS HEREBY AGREED:

Section 1 -- (a) Effective July 1, 1949, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if, during the preceding calendar year, the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules.

(b) Effective July 1, 1949, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having five or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said five or more years of continuous service renders service of not less than eight hundred (800) basic days in miles or hours paid for as provided in individual schedules.

(c) Effective January 1, 1954, each employee, subject to the scope of schedule agreements held by the Brotherhood of Railroad Trainmen, having fifteen or more years of continuous service with employing carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said fifteen or more years of continuous service renders service of not less than twenty­four hundred (2400) basic days in miles or hours paid for as provided in individual schedules.

(d) In dining car service, for service performed on and after July 1, 1949 each seven and one­half (7½) hours paid for shall be considered the equivalent of one basic day in the application of Sections 1(a), 1(b), and 1(c) .

(e) Calendar days on which an employee assigned to an extra list is available for service and on which days he performs no service, not exceeding sixty (60) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on which an employee is absent from and unable to perform service because of injury received on duty will be included.

(f) Where an employee is discharged from service and there after restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing eight hundred (800) basic days under Section 1(b) and twenty­four hundred (2400) basic days under Section 1(c).

(g) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, except that service of an employee on his home road may be combined with service performed on other roads when the latter service is performed at the direction of the management of his home road or by virtue of the employee's seniority on his home road. Such service will not operate to relieve the home road of its responsibility under this agreement.

(h) Effective December 1, 1955, the following shall apply insofar as yard service employees and employees having interchangeable yard and road rights covered by said agreement, who are represented by the Brotherhood of Railroad Trainmen, are concerned:

(1) In the application of Sections 1(a), 1(b) and 1(c) each basic day in yard service performed by a yard service employee or by an employee having interchangeable yard and road rights shall be computed as 1.2 days for purposes of determining qualifications for vacations.

(2) Qualifying years accumulated, also qualifying requirements for years accumulated for extended vacations, prior to the I calendar year in which Agreement "A" becomes effective, shall not be changed.

(3) The 60 and 30 calendar days referred to in Section 1(e) shall not be subject to the 1.2 computation provided for in Sections 1(a), 1(b) and 1(c) .

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

(a) An employee receiving one week's vacation, or pay in lieu thereof, under Section 1 (a) shall be paid l/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than six (6) minimum basic days' pay at the rate of the last service rendered.

(b) An employee receiving two weeks' vacation, or pay in lieu thereof, under Section 1(b) shall be paid l/26 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is l taken, but in no event shall such pay be less than twelve (12) minimum basic days' pay at the rate of the last service rendered.

(c) An employee receiving three weeks' vacation, or pay in lieu thereof, under Section l(c) shall be paid 3/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section l(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) Effective December 1, 1955, the following shall apply insofar as yard service employees and employees having interchangeable yard and road rights covered by said agreement who are representative by the Brotherhood of Railroad Trainmen, are concerned:

YARD SERVICE

(1) An employee receiving one week's vacation, or pay in lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than five (5) minimum basic days' pay at the rate of the last service rendered.

COMBINATION OF YARD AND ROAD SERVICE

(2) An employee having interchangeable yard and road rights receiving one week's vacation, or pay in lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employee is working in road service such pay shall be not less than six (6) minimum basic days' pay at the rate of the last road service rendered, and if the vacation is taken during the time such employee is working in yard service, such pay shall be not less than five (5) minimum basic days' pay at the rate of the last yard service rendered.

YARD SERVICE

(3) An employee receiving two weeks' vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than ten (10) minimum basic days' pay at the rate of the last yard service rendered.

COMBINATION OF YARD AND ROAD SERVICE

(4) An employee having interchangeable yard and road rights receiving two weeks vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified I on more than one carrier under Section 1(g)) during the calendar I year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employee is working in road service such pay shall be not less than twelve (12) minimum basic days' pay at the rate of the last road service rendered, and if the vacation is taken during the time such employee is working in l yard service such pay shall be not less than ten (10) minimum basic days' pay at the rate of the last yard service rendered.

YARD SERVICE

(5) An employee receiving three weeks' vacation, or pay in lieu thereof, under Section 1(c) shall be paid 3/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than fifteen (15) minimum basic days' pay at the rate of the last yard service rendered.

COMBINATION OF YARD AND ROAD SERVICE

(6) An employee having interchangeable yard and road rights receiving three weeks' vacation, or pay in lieu thereof, under Section 1(c) shall be paid 3/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(g)) during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employee is working in road service such pay shall be not less than eighteen (18) minimum basic days' pay at the rate of the last road service rendered, and if the vacation is taken during the time such employee is working in yard service such pay shall be not less than fifteen (15) minimum basic days' pay at the rate of the last yard service rendered.

(7) With respect to yard service employees, and with respect to any yard service employee having interchangeable yard and road rights who receives a vacation in yard service, such additional vacation days shall be reduced by 1/6th.

Section 3 -- Vacations, or allowances therefor, under two or more schedules held by different organizations on the same carrier shall not be combined to create a vacation of more than the maximum number of days provided for in any of such schedules.

Section 4 -- Time off on account of vacation will not be considered as time off account employee's own accord under any guarantee rules and will not be considered as breaking such guarantees.

Section 5 -- The absence of an employee on vacation with pay, as provided in this agreement, will not be considered as a vacancy temporary, or otherwise, in applying the bulletin rules of schedule agreements.

Section 6 -- Vacations shall be taken between January 1st and December 31st; however, it is recognized that the exigencies of the service create practical difficulties in providing vacations in all instances. Due regard, consistent with requirements of the service, shall be given to the preference of the employee in his seniority order in the class of service in which engaged when granting vacations. Representatives of the carriers and of the employees will cooperate in arranging vacation periods, administering vacations and releasing employees when requirements of the service will permit. It is understood and agreed that vacationing employees will be paid their vacation allowances by the carriers as soon as possible after the vacation period but the parties recognize that there may be some delay in such payments. It is understood that in any event such employee will be paid his vacation allowance no later than the second succeeding payroll period following the date claim for vacation allowance is filed.

Section 7 -- (a) Vacations shall not be accumulated or carried over from one vacation year to another. However, to avoid loss of time by the employee at end of his vacation period, the number of vacation days at the request of the employee may be reduced in one year and adjusted in the next year.

(b) After the vacation begins layover days during the vacation period shall be counted as a part of the vacation.

Section 8 -- No vacation with pay, or payment in lieu thereof, will be due an employee whose employment relation with a carrier has terminated prior to the scheduled vacation period as provided in Section 6, except that employees retiring under the provisions of the Railroad Retirement Act shall receive payment for vacation due.

Section 9 -- The terms of this agreement shall not be construed to deprive any employee of such additional vacation days as he may be entitled to receive under any existing rule, understanding or custom, which additional vacation days shall be accorded under and in accordance with the terms of such existing rule, understanding or custom.

Section 10 -- Any dispute or controversy arising out of the interpretation or application of any of the provisions of this agreement will be handled on the property in the same manner as other disputes. If the dispute or controversy is not settled on the property and either the carrier or the organization desires that the dispute or controversy be handled further, it shall be referred by either party for decision to a committee, the carrier members of which shall be five members of the Carriers' Conference Committees signatory hereto, or their successors; and the employee members of which shall be the chief executives of the five organizations signatory hereto, or their representatives, or successors. It is agreed that the Committee herein provided will meet between January 1 and June 30 and July 1 and December 31 of each year if any disputes or controversies have been filed for consideration. In event of failure to reach agreement the dispute or controversy shall be arbitrated in accordance with the Railway Labor Act, as amended, the arbitration being handled by such Committee. Interpretation or application agreed upon by such committee, or fixed by such arbitration, shall be final and binding as an interpretation or application of this agreement.

Section 11 -- This vacation agreement shall be construed as a separate agreement by and on behalf of each carrier party hereto, and its railroad employees represented by the respective organizations signatory hereto, and effective July 1, 1949 supersedes the Consolidated Uniform Vacation Agreement dated June 6, 1945, insofar as said agreement applies to and defines the rights and obligations of the carriers parties to this agreement and the employees of such carriers represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen and Switchmen's Union of North America.

An employee who has taken or is scheduled to commence his vacation during the year 1949 prior to July 1, 1949 shall not be entitled to the increased vacation nor to the vacation allowance provided for herein during the period July 1, 1949­December 31, 1949.

Section 12 -- This vacation agreement shall continue in effect until changed or modified in accordance with provisions of the Railway Labor Act, as amended.

Section 13 -- This agreement is subject to approval of courts with respect to carriers in hands of receivers or trustees.

Section 14 -- The parties hereto having in mind conditions which exist or may arise on individual carriers in making provisions for vacations with pay, agree that the duly authorized representative (General Chairman) of the employees, party to this agreement, and the officer designated by the carrier, may enter into additional written understandings to implement the purposes of this agreement, provided that such understandings shall not be inconsistent with this agreement.

(Signatures not reproduced)

APPENDIX "A­1"

MEMORANDUM

Chicago, Illinois

January 9, 1954

Referring to the vacation agreement, as amended by the agreement signed this date, between employees represented by the Brotherhood of Railroad Trainmen and carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees:

Effective January 1, 1954, it is understood that if an employee who performed the necessary qualifying service in the year prior to the year of his death, dies before receiving such vacation or payment in lieu thereof, payment of the allowance for such vacation shall be made to his widow.

For example, if an employee performs 160 days of service in 1953 and dies in 1954 before receiving his 1954 vacation, payment in lieu thereof will be made to his widow. No vacation allowance will be due for 1955 even though such employee may have worked 160 days in 1954.

(Signatures not Reproduced)

APPENDIX"B"

Spokane, Portland and Seattle Railway Company

Portland 7, Oregon

December 1, 1949

File: 681­c

Mr. F.P. ALLEN, General Chairman

Order of Railway Conductors

4215 S. E. Washington

Portland, Oregon

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

308 Fenton Building

Portland 4, Oregon

Gentlemen:

During conference today we discussed the unsatisfactory situation at Bend Yard brought about by the necessity of using inexperienced trainmen to fill yard positions.

In order to bring about some improvement we tentatively agreed as follows:

Inexperienced brakemen, those having had less than six months' service in train or yard service, will not be permitted to bid in vacancies in Bend Yard. Such inexperienced brakemen will not be called from the extra board for yard service at Bend when experienced brakemen are available. It is understood that the Railway Company has the option of doubling experienced yardmen at Bend instead of deadheading inexperienced brakemen from Wishram extra board, when experienced brakemen are not available on the Wishram board. Extra or assigned men who are runaround under this agreement will not be paid therefor.

When so called or used for service in Bend Yard the provisions of Agreement signed February 12, 1948 and which became effective February 15, 1948 shall apply.

This letter is written in triplicate and if conditions as outlined are satisfactory, please note your approval and acceptance in space provided below, returning the original to me and retaining for your files.

When so approved and accepted, we shall place this arrangement in effect January 1, 1950. It shall thereafter continue in effect until either party serves not less than thirty (30) days written notice of the desire to terminate it.

Very truly yours,

(Signed) E.B. STANTON

Vice President and General Manager

Approved and Accepted:

(Signed) F.P. ALLEN, General Chairman

Order of Railway Conductors

(Signed) B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

APPENDIX "C"

Portland, Oregon

August 1, 1951

Mr. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

308 Fenton Building

Portland, Oregon

Dear Sir:

Further reference is made to exchange of correspondence in connection with Articles 4, 5, 6, 7, 10 and 11 of Interim Agreement signed at Washington, D. C., May 25, 1951.

During conference July 31, 1951 disposition of aforesaid Articles were discussed and handling thereof will be as follows:

ARTICLE 4 (Deleted not applicable to open yards)

ARTICLE 5 (Deleted not applicable to open yards)

ARTICLE 6--(Deleted--not applicable to open yards)

ARTICLE 7 (Deleted--not applicable to open yards)

ARTICLE 10 SWITCHING LIMITS

The Carrier elected to adopt this as a new rule effective August 1, 1951. There is no current schedule rule covering the matter of switching limits. At an appropriate time the following will be adopted as a rule and incorporated in the current Schedule:

"(a) The employees and the carrier being desirous of cooperating in order to meet conditions to the end that efficient and adequate switching service may be provided and industrial development facilitated, adopt the following:

(b) Except as provided in paragraph (c) hereof, where the carrier considers it advisable to change the existing switching limits, it shall give notice in writing to the General Chairman of such intention, whereupon the carrier and the General Chairman shall, within 30 days, endeavor to negotiate an understanding.

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

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

(c) Where, after August 1, 1951, an industry desires to locate outside of existing switching limits at points where yard crews are employed, the carrier may assure switching service at such location and may perform such service with yard crews from a yard or yards embraced within one and the same switching limits without additional compensation or penalties therefor to yard or road crews, provided the switch governing movement from the main track to the track or tracks serving such industry is located at a point not to exceed four miles from the then existing switching limits. Road crews may perform service at such industry only to the extent they could do so if such industry were within switching limits. Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with paragraph (b) hereof.

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

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

ARTICLE 11 -- (Deleted--not applicable to open yards)

It is understood that changes as herein outlined, which become effective August 1, 1951 apply only to those employees who are represented by the Brotherhood of Railroad Trainmen.

Will you please acknowledge receipt.

Very truly yours,

(Signed) E.B. STANTON

Vice President and General Manager


APPENDIX "D"

May 3, 1951

File: 5965 284

MR. F.P. ALLEN, General Chairman

Order of Railway Conductors

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

MR. C.J. COUGHLIN, General Chairman

Brotherhood of Locomotive Engineers

MR. E.S. MORSE, General Chairman

Brotherhood of Locomotive Firemen and Enginemen

Gentlemen:

This refers to letter from Mr. Coughlin of April 13 and letter from Messrs. Allen, Kennelly and Morse, same date, about moving the yard limit board at Eugene easterly 3100 feet.

The Railway Company will provide a double­ended run around track at or in the vicinity of the North End or Fox Valley Lumber Company spurs, but it will take perhaps two or three weeks from today to make this installation, because such installation will depend upon the possible rearrangement of the present North End and/or Fox Valley Lumber Company spurs, or the proposed location for any other spur or spurs which may be installed or take off the two spurs mentioned above.

Meanwhile I will go ahead and move the yard limit board as hereinbefore indicated with the understanding that initial terminal switching by eastbound trains will continue until such trains reach the yard limit board in the new location; and, that all time consumed by westbound trains from the time such trains pass the yard limit board, will be paid as final terminal delay. It is agreed that the present road mileage between Portland and Eugene (143 miles) will prevail.

Very truly yours,

(Signed) E.H. SHOWALTER

Superintendent


APPENDIX "E"

MEMORANDUM OF AGREEMENT

between

Spokane, Portland and Seattle Railway Company (System Lines)

and

Brotherhood of Locomotive Engineers

Brotherhood of Locomotive Firemen and Enginemen

Order of Railway Conductors

Brotherhood of Railroad Trainmen


Regarding the Performance of Miscellaneous Work Train, Wreck Train, Snow Plow or Special Service by Yard Crews


The SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY, and its employees in yard service as represented by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, ORDER OF RAILWAY CONDUCTORS, AND BROTHERHOOD OF RAILROAD TRAINMEN, do hereby agree as follows:

(1) When yard crews, including Enginemen and Yardmen (except Yardmen at Vancouver and Portland who are covered by Schedule for Yardmen) are required to perform work train, wreck train, snow plow or special service as outlined in Paragraph (2) of this agreement, and such service is incidental to their yard day, crews will be paid for such service on the basis of actual time consumed therein, with a minimum of one (1) hour at pro rata yard rate for the day, except when the actual time consumed in the performance of these services aggregates four (4) hours or more, a work train day at pro rata rates shall be allowed, these allowances to be in addition to all other allowances, and with no reduction from total time spread on account of performance of such service, and without claim from other employees:

(2) Work train, wreck train, snow plow or special service referred to in Paragraph (1) consists of the following:

(a) Loading or unloading company ice (when handled by Engineman or Yardman), company ties in process of being loaded or unloaded, material or supplies for company contractor.

(b) Loading or unloading ballast (crushed rock, cinders, gravel, fines, etc.), also dirt.

(c) Dozing and flanging.

(d) Wreck train service (does not apply where wrecking derrick is being used to adjust loads or when loads are adjusted without use of wrecking derrick).

(e) Snow plow service.

(f) Fill water barrels (except to give water to section houses or extra gangs).

(g) Fill water cars or water tanks.

It is further agreed that Enginemen in Yard and Transfer Service may be used to perform service outlined in Paragraph (2) in territory between Vancouver and the East Yard Board at Willbridge.

This agreement shall become effective November 1, 1949 and continue in effect until thirty (30) days after written notice shall have been given by either party signatory hereto, of a desire to cancel or amend it.

Any unpaid claims subsequent to September 7, 1948 (this being date of first unpaid claim recorded) will be settled on the basis of this agreement. Check will be made so as to include payment to Enginemen and Yardmen on dates of claims.

Signed at Portland, Oregon, this 4th day of November, 1949.

FOR SPOKANE, PORTLAND AND SEATTLE

RAILWAY COMPANY

(Signed) E.B. STANTON

Vice President and General Manager

FOR THE EMPLOYEES

(Signed) B.N. ANDERSON, {General Chairman

Brotherhood of Locomotive Engineers

(Signed) B.J. CALLAHAN, General Chairman

Brotherhood of Locomotive Firemen and Enginemen

(Signed) F.P. ALLEN, General Chairman

Order of Railway Conductors

(Signed) B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

APPENDIX "F"

Portland, Oregon

August 3, 1946

MR. B.N. ANDERSON, General Chairman

Brotherhood of Locomotive Engineers

Portland 11, Oregon

MR. A. BERGH, General Chairman

Order of Railway Conductors

Portland 12, Oregon

MR. C.T. FREEMAN, General Chairman

Brotherhood of Locomotive Firemen and Enginemen

Portland 11, Oregon

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

Portland, Oregon

Gentlemen:

Referring to my letter of July 20, 1946 and previous correspondence in connection with Willbridge Traveling Switch Engine crew switching industry tracks between the Lutz Marble Works and the connection at Willbridge:

After discussing this matter in conference August 2nd, it was understood that any cars that necessarily have to be handled on the old United Railways track that SP&S crews will shove them into clear on United Railways track to be picked up by the Oregon Electric Yard crew. Likewise, when any cars are to be delivered from the old United Railways track to the SP&S, they will be placed into clear on the United Railways track to be picked up by SP&S crews.

This arrangement is now made possible for the reason that the Oregon Electric crew is now using diesel instead of electric power which permits switching all industry tracks.

Will you kindly acknowledge your receipt and acceptance of the above understanding.

Very truly yours,

(Signed) T.F. DIXON

Vice President and General Manager



APPENDIX "G"

Spokane, Portland and Seattle Railway Company

Portland, Oregon

November 26, 1948

MR. F.P. ALLEN, General Chairman

Order of Railway Conductors

4215 S. E. Washington

Portland, Oregon

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

308 Fenton Building

Portland, Oregon

Gentlemen:

Referring to our discussion November 19, 1948, with respect to assigning "Utility Helpers" in Wishram Yard.

It was understood that one or more "Utility Helpers" may be the assigned at Wishram Yard, the hours of such assignments to be established to meet yard requirements, and when established, the hours may be advanced or set back at the Railway Company's convenience.

The assignments of "Utility Helpers" shall be filled by trainmen who hold seniority on the Vancouver Division of the Spokane, Portland and Seattle Railway Company and Oregon Trunk Railway. While working as "Utility Helpers" at Wishram, employees shall be governed by Articles XIII to XXIII inclusive of schedule governing pay of Employees in Train Service, except that provisions of Articles XVI and XVII shall not apply to these assignments. Permanent vacancies for "Utility Helpers" shall be bulletined as provided in Memorandum of Agreement dated January 13, 1947. Temporary vacancies will be filled in accordance with Rules 11 and 12 of the Trainmen's Schedule. Trainmen in road and Wishram Yard service when exercising seniority rights in connection with assignment of "Utility Helpers" will do so under Rule 33(a) and (b) of Trainmen's Schedule. Investigations shall be conducted under Rule 46, Article XII of Schedule for Trainmen.

It is further understood that when instructions are issued by proper authority the Railway Company shall have the right to make use of a utility helper to fill in as a third helper on one or more engine assignments where the business may require during the course of his day's work, also lining switches, giving signals or performing many other of the routine duties of a yard helper.

Utility helpers will submit time slips covering their utility assignment at the yardman helper's rate.

It is also understood that assignments of "Utility Helpers" may be terminated by the Company at any time such assignments are no longer considered necessary, except the last shift may not be terminated until thirty (30) days' written notice is given General Chairmen by the Company of the desire to terminate it.

Please acknowledge receipt, also your approval and acceptance of assignments under conditions herein outlined.

Very truly yours,

(Signed) E.B. Stanton

Vice President and General Manager

Accepted:

(Signed) F.P. ALLEN, General Chairman

Order of Railway Conductors

(Signed) B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

(Rules referred to herein appear in Schedule of Trainmen

effective April 1, 1925.)

APPENDIX "H"

Portland, Oregon

May 14, 1945

File: 3657­a

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

1220 S. W. Stark Street

Portland, Oregon

Dear Mr. Kennelly:

The Servicemen's Readjustment Act of 1944 (G. I. Bill of Rights) approved June 22, 1944, makes provision for--

(1) Vocational rehabilitation, and

(2) Education and training

of certain persons who served in the active military or naval service of the United States on or after September 16, 1940, and prior to the termination of the present war.

In order to protect the seniority of employees represented by the Brotherhood of Railroad Trainmen who apply for and receive vocational rehabilitation or education and training as provided in the Servicemen's Readjustment Act of 1944, I propose we agree that:

An employee released from training and service under the Selective Training and Service Act of 1940 and Public Resolution No. 96 of the 76th Congress as amended by Public Law 473 ­ 78th Congress, who makes application for re­employment within ninety (90) days after being released from such training or service or from hospitalization continuing after discharge for a period of not more than one year, or an employee who has returned to the service of the Railroad Company upon completion of training and service under the foregoing legislation, who is eligible for vocational rehabilitation or education and training under the Servicemen's Readjustment Act of 1944, and who makes application for leave of absence for the purpose of vocational rehabilitation or education and training under that Act, will be granted a leave of absence for the period he is engaged in such vocational rehabilitation or education and training.

For your convenience this letter has been prepared in duplicate, and I shall appreciate it if you will indicate your approval by signing in the space provided, returning one copy to me.

Yours truly,

(Signed) T.F. DIXON

Vice President and General Manager

Approved:

(Signed) B. E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

APPENDIX "I"

MEMORANDUM OF AGREEMENT

(Revised effective 9­1­51 as to allowance)

For the purpose of applying Article XXV of Schedule for Yardmen effective March 1, 1929, this Memorandum of Agreement shall govern where Yardmen are required to couple or uncouple air hose within yard limits, where there are car repairers or car inspectors employed and on duty.

It is understood and agreed, that:

(1) Except as provided in Paragraph (2) of this Memorandum of Agreement when a member or members of a yard crew are ordered by proper authority, (above Foreman) to couple or uncouple air hose between cars handled during the day s work, an allowance of ninety­five cents ($.95) per shift will be paid to each member of the yard crew, regardless of which member of the yard crew does the work. This allowance will be paid only once in the course of each tour of duty, even though such work may be performed more than once during such tour of duty.

(2) Yardmen shall couple and/or uncouple air hose under the following conditions, and the allowance provided in Paragraph (1) shall not apply:

(a) Between engine and first car.

(b) Between engine and caboose.

(c) Between caboose and last car.

(d) Between cars where cuts are made at railroad, highway, street, or other crossing to permit traffic to move.

(e) When couplings break after couplings have been properly made and movement by yard engine begun.

(f) When attaching and detaching back up pipe.

(g) In case of defective air hose.

(h) When making doubles, and/or picking up or setting out cars (except when picking up or setting out cars at industries), and/or setting out bad order cars.

(i) In an emergency such as at the request of Police or Fire Departments, Civil authorities, or to make way for ambulances, doctors, etc.

(3) Yardmen will not perform this work on cars other than those they handle in their own train.

(4) Paragraph (1) shall not apply to crews in Work, Wreck or Construction Service.

(5) This Memorandum of Agreement will be effective as of May 1, 1948 and will remain in effect until thirty (30) days after receipt of written notice served by either party upon the other to cancel same, whereupon it will be automatically cancelled.

Signed at Portland, Oregon, this 5th day of April, 1948

FOR THE COMPANY

(Signed ) E.B. STANTON

Vice President and General Manager

FOR THE EMPLOYEES

(Signed) B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

APPENDIX "J"

Portland, Oregon

April 29, 1948

MR. F. P. ALLEN, General Chairman

Order of Railway Conductors

4215 S. E. Washington Street

Portland, Oregon

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

308 Fenton Building

Portland, Oregon

Gentlemen.

Again referring to your request April 6, 1948 about engine foremen assigned in yard service at Albany being allowed footboard yardmaster's rate.

Conference was held April 23rd to discuss the matter and in view of the fact that the agent's once is now located at the depot some two miles from the yard, I am willing to allow one hour at pro rata rate to one foreman on each shift, such allowance to be made for the use of such foremen to perform duties ordinarily performed by yardmasters, such as giving instructions to other yard crews and directing the work of road crews in the yard.

It must be understood that this allowance may be discontinued at any time, provided such foremen are relieved of the responsibility of performing duties ordinarily performed by yardmasters.

This allowance will be made effective May 16, 1948 under the above arrangement.

Will you please advise if conditions as stated are acceptable.

Very truly yours,

(Signed ) E.B. STANTON

Vice President and General Manager


APPENDIX "K"

Portland, Oregon

January 28, 1948

MR. F.P. ALLEN, General Chairman

Order of Railway Conductors

4215 S. E. Washington

Portland, Oregon

MR. B.E. KENNELLY, General Chairman

Brotherhood of Railroad Trainmen

308 Fenton Building

Portland, Oregon

Gentlemen:

During an informal conference January 22, 1948, you were advised that effective February 15, 1948 the yard foreman at Bend will be allowed one hour at pro rata rate, in addition to other payments at the yard foreman's rate, for performing duties as footboard yardmaster.

You were also advised that the bulletin covering the reassignment of yard crews at Bend which becomes effective February 15, l948 will be on the basis of the footboard yardmaster allowance to the foreman.

You were further advised that the Company reserves the right to terminate this arrangement at any time it sees fit to do so.

Very truly yours,

(Signed) E.B. STANTON

Vice President and General Manager

APPENDIX "L"

MEMORANDUM OF AGREEMENT

by and between

Spokane, Portland and Seattle Railway Company

Oregon Trunk Railway

and

Order of Railway Conductors

Brotherhood of Railroad Trainmen

It is hereby mutually agreed that Agreement between the parties hereto dated February 7, 1948 governing the selection of personnel for yard engines at Wishram, Washington and Bend, Oregon, is terminated and shall not be made effective in any way.

In lieu thereof, it is now further agreed, that Agreement dated February 1, 1922 governing the selection of personnel for yard engines at Fallbridge (Wishram) Washington, and Bend, Oregon, is terminated effective February 14, 1948, and thereafter the following shall govern these assignments.

It is agreed that: Effective February 15, 1948, yard assignments for Foremen and Helpers at Wishram, Washington shall be filled by Conductors and Trainmen respectively, who hold seniority on the Vancouver Division of the Spokane, Portland and Seattle Railway Company and Oregon Trunk Railway. While working in Yard Service at Wishram, employees shall be governed by Articles XIII to XXIII inclusive of schedule governing pay of employees in Train Service. Permanent vacancies for Foremen and Helpers shall be bulletined as provided in Memorandum of Agreement dated January 13, 1947. Temporary vacancies for Foremen shall be filled under Rule 9(b) and (c) of the Trainmen's Schedule and temporary vacancies for Helpers will be filled in accordance with Rules 11 and 12 of the Trainmen's Schedule. Conductors and Trainmen in road and Wishram yard service, when exercising seniority rights in Wishram Yard. Investigations shall be conducted under Rule 46, Article XII of Schedule for Trainmen.

This Agreement, as it applies to Wishram Yard, shall continue in effect subject to thirty (30) days' written notice by either party of the desire to terminate it.

It is further agreed that the following shall govern the selection Effective February 15, 1948, the engines then assigned, or which may thereafter be assigned to service in Bend Yard, shall be manned by conductors and trainmen who hold seniority rights on the Vancouver Division of the SP&S Railway Company and OT Railway. Foremen to be selected from applicants holding seniority rights as Conductors, Helpers from applicants holding rights as Brakemen.

Assignments effective February 15, 1948 shall be bulletined to expire June 30, 1948. Thereafter assignments shall be bulletined and assigned on July 1st and January 1st of each year and awarded to the Senior Conductor and Trainmen making written application therefor and who are qualified to perform the duties of Foremen and Helpers, respectively, in an efficient manner. The Superintendent shall be the judge of an applicant's qualifications. New assignments made after the beginning of the regular six months' period shall be bulletined and assigned for the period expiring June 30th or December 31st.

While working in Bend Yard, employees shall be governed by Articles XIII to XXIII inclusive of Schedule governing pay of employees in Train Service. Permanent vacancies for Foremen and Helpers shall be bulletined as provided in Memorandum of Agreement dated January 13, 1947. Temporary vacancies for Foremen shall be filled under Rule 9(b) and (c) of the Trainmen's Schedule and temporary vacancies for Helpers will be filled in accordance with Rules 11 and 12 of the Trainmen's Schedule. Investigations shall be conducted under Rule 46, Article XII of Schedule for Trainmen.

When the positions have been bulletined and awarded, the men accepting cannot be displaced by senior men, except as provided in Rule 56 of the Trainmen's Schedule, neither can they vacate the assignments for the purpose of taking another assignment during the period for which the assignment was awarded them, however, any regular assigned man wishing to vacate his assignment may do so but will be required to remain on the extra board for the balance of the six months' period, and cannot bid in or exercise seniority rights to any regular assignment during this period.

After a Foreman or Helper has completed the period of assignment in yard service for which he made application and has been relieved, or when the assignment is discontinued, he may displace any trainman his junior in service.

No deadhead time will be allowed, except in the case of trainmen filling temporary vacancies who shall be paid for deadheading as provided in Article XII, Rule 15 of the current Trainmen's Schedule.

This agreement, which becomes effective February 15, 1948 as it applies to Bend Yard, shall continue in effect until either party serves not less than thirty (30) days' written notice of the desire to terminate it at the end of any six months' period.

It is understood that no provisions of "Schedule for Yardmen Effective March 1, 1929, shall apply either at Wishram or Bend Yards.

FOR SPOKANE, PORTLAND AND SEATTLE

RAILWAY COMPANY

OREGON TRUNK RAILWAY

(Signed) E.B. STANTON

Vice President and General Manager

FOR ORDER OF RAILWAY CONDUCTORS

(Signed) F.P. ALLEN, General Chairman

FOR BROTHERHOOD OF RAILROAD TRAINMEN

(Signed) B.P KENNELLY, General Chairman

Signed at Portland, Oregon, February 12, 1948.

(Rules referred to herein appear in Schedule of Trainmen

effective April 1, 1925)

APPENDIX "M"

MEMORANDUM OF AGREEMENT between the SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY (SYSTEM LINES) and BROTHERHOOD OF RAILROAD TRAINMEN, governing the use of foreman and/or helper on self­propelled track machines, when such machines are used exclusively within yard or switching limits where yard engines are employed.

1. When self­propelled track machines are operated exclusively within switching limits on main line tracks, tracks used in general yard switching, tracks used in the make­up or break­up or classification of trains, or industry tracks, they will be manned by a foreman-pilot.

2. Such machines, while performing work on the tracks described in Paragraph (1), will be provided with one brakeman-helper if required to move more than one car at a time (exclusive of idler or boom cars) in connection with the work they are doing.

3. Self­propelled track machines may be used at shops, stores, material yards, roundhouses, cinder pits, etc., without foremen­pilots provided that the operation of such machines is confined exclusively within the mutually agreed limits of such shop yards, store yards, material yards, roundhouse tracks, cinder pit tracks, etc., but shall be restricted to handle not more than two cars at a time. It is agreed that switch crews must place cars on the connecting tracks or on tracks within the limits of the self­propelled machine territory, and all cars will be removed therefrom by switch crews.

It is further understood that the establishment of the mutually agreed working limits shall be accomplished by negotiation between the Local Chairman of the Brotherhood of Railroad Trainmen and the designated supervisory officer.

It is further understood that when self­propelled machines are moved from their working limits to any other point in the terminal switching limits, it will be accomplished by the use of foremen-pilots or by the use of a switch crew.

4. Other than as provided in the preceding paragraphs, it is further understood that self­propelled machines handling not more than two cars (exclusive of idler or boom cars) may be operated on any one track without the assignment of a foreman­pilot thereto, providing that a foreman­pilot or switch crew delivers and receives the self­propelled machine and attached cars from such track, and with the further understanding that if it is necessary to move such equipment from one track to the other, it will be accomplished by use of a foreman­pilot or switch crew.

5. It is understood that the foregoing will permit the use of switch crews to perform service when needed in areas where self-propelled machines are used. The use of yard engines on tracks used by self­propelled machines will not cause such tracks to be considered as tracks used in general yard switching, nor as tracks used in the make­up or break­up or classification of trains, nor as industry tracks.

6. For the purpose of this agreement, the phrase "idler or boom car will include tenders and/or boom or idler cars or cars on which equipment or supplies are carried in lieu of boom or idler cars.

7. For the purpose of this agreement, a self­propelled machine is one equipped for operation on rails of standard railroad tracks; which has sufficient tractive effort to propel itself and one or more standard railroad cars; and which is not capable of being readily removed from the tracks by the crew in charge. It is understood that this agreement applies only to the following equipment presently in the service of this Company: Locomotive Cranes, Burro Cranes, Weed Sprayer and Rail Detector Cars. If, in the future, the Company puts in service equipment which may fall within the specifications of this paragraph, the matter of using yard service employees on such equipment will be negotiated.

8. Pilot­foreman and/or brakeman­helper on self­propelled machines may operate in and out of switching limits where they hold seniority without penalty payment.

9. Pilot­foreman and/or brakeman­helper manning self­propelled machine exclusively within yard or switching districts, in anyone day or tour of duty, will receive yard rates of pay.

Signed at Portland, Oregon, this 9th day of May, 1956.

FOR THE CARRIER:

(Signed) H.J. TIERNEY

Chief of Personnel

(Signed) E.H. SHOWALTER

General Manager

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

(Signed) B. E. KENNELLY, General Chairman

(Signed) H. E. NEVALA, Deputy President

WITNESSED:

(Signed) JAMES HOLAREN, Mediator

National Mediation Board