"A sufficient number of yardmen shall be employed to protect the regular and extra work. Arrangements for the protection of extra work of yardmen and/or use of roadmen in yards may be made by local officers and Local Chairman."

"Yardmen, when available, will be used to protect all yard work in preference to roadmen. In determining the yardmen available, they shall be taken, in the following order - (1) Extra man or men; (2) Senior man or men cut off account reduction in force who have made themselves available for service by notifying the local officers in writing with copy to Local Chairman; (3) Senior regular man or men who have signified desire to protect extra work."

"Yardmen will be considered available if they can protect the service for which required without exceeding hours of service provided in Hours of Service Law."

"This, of course, will not apply at Hugo where road and yard seniority is consolidated."

(11) In yards where 4-man crews are worked and there is an insufficient number of such crews to comprise a 5-day relief assignment for a 4-man crew, making it necessary to combine 4-man crew with 3-man crews to complete a relief assignment, men from the extra board should be used to fill the fourth position on the days the relief crew relieves the 4-man crew.

(12) Extra man working five days, Sunday through Thursday, on temporary vacancy has taken the conditions of a regular assignment and when displaced at the end of the shift Thursday, should be marked up on the extra board and allowed to work to the top of the list. However, should not be used Friday or Saturday if there is anyone else on the extra board who could work it at pro rata rate. In the event he is worked, then he would be paid pro rata for Friday work. This in conjunction with examples listed under Part 18 of this Section.

(13) Five-day assignments (regular or relief) may be annulled for one day on a holiday or a Sunday, but not both within the same work week.

(14) In the application of Part 7, Article 32, Section A, the following will govern:

(15) Definitions of "grade" of service and "class" of service:

The term "grade" has reference to the occupation, such as foreman, helper, or pilot. The term "class" means the type of work performed. We have only one "class" of service, insofar as yardmen are concerned, which is "yard service". In road service we have different "classes" of service, such as passenger, through freight, local, work train, etc., but we are not concerned with road service in this particular agreement.

(16) Service covered by one or more different agreements may not be combined in computing 5-day yardmen's service.

A regular yardman who may lose a day as a yardman in getting on a relief position in another craft, and as result makes less than 5 days as a yardman, may not be used on an additional shift as a yardman on his rest day in order to get in 5 days as a yardman. An extra yardman who loses a day in such circumstances may be permitted to protect his turn on the extra board after completing the relief assignment, bearing in mind that the extra man is not entitled to more than 5 pro rata shifts as a yardman within his work week.

(17) Time and one-half rate, extra men: If it is necessary for an extra man to commence second shift in less than 22-1/2 hours from starting time of the first shift in order to get in 5 days within a work week, he will be entitled to time and one-half rate for such second shift, subject to the exceptions provided in Article 3, Section B this with the understanding that his turn on the extra board entitles him to such second shift.

If an extra man works 8:00 a.m. to 4:00 p.m. 23rd at pro rata rate, is called to go on duty at 4:00 a.m. 24th to relieve a yardman on the 11:59 p.m. shift of the 23rd and works until 7:59 a.m. 24th, then works another shift 8:00 a.m. to 4:00 p.m. the 24th, the method of payment would be:

(18) Article 32, Section A, Part 11 refers to regularly assigned employees who desire to take another assignment and employees on a seniority or mark-up board who desire another off day. We are not concerned with the seniority or mark-up board. Boiled down, insofar as we are concerned, this rule means that an employee, regularly assigned, who bids in another regular assignment will not be permitted to work more than 5 straight time, 8-hour shifts in the work week of the assignment he is holding at the time he is assigned to the position bid in. The rule makes an exception for the situation where the man might be prevented from working one or more days on the position bid in, in which event he may be used more than 5 days at pro rata rate if there is no extra man available.

(19) A yardman who reverts to the extra board after displaced from a regular assignment or temporary vacancy should be marked on the extra board at the time he ties up at the completion of last shift worked, subject to Article 32, Section A, Paragraphs (c) and (d) of Part 11.

(20) All yardmen positions come within the 5-day work week. This includes independent positions such as pilots and bullring men.

(21) A regularly assigned yardman will not be assigned a day off as yardman on which he regularly performs work in a relief capacity in another craft which in effect would permit him to regularly work more than five days a week. This will not prevent the individual involved from being assigned another day off to accomplish the intent of this understanding.

(22) The provisions of Article 32, Section A, Part 14, which reads as follows are recognized:

(23) (Vacations - Not reproduced here - See Article 38-A.)

(24) (Permanent and Temporary Vacancies - Not reproduced here - See Article 14(a) and Article 15(a).)

ARTICLE 33
CAR RETARDER OPERATORS (CRO)

SECTION A
CLASSIFICATION

CRO positions are classified as yardmen and made subject to all rules of this Agreement which are applicable to individual positions such a pilots, switchtenders, bullring men, except as otherwise provided in this Article.

SECTION B
QUALIFICATIONS

(This Section B is applicable only to the initial training of CRO's when car retarders are initially placed in operation in a yard or terminal where yardmen are employed.)

(1) Advance notice will be posted so the senior yardmen who desire to qualify as CRO's may make written application. This application must be made to the Superintendent within ten days from date of the notice. In event a senior employee is on an approved leave of absence, absent on account of vacation, illness, or other reason which does not impair his seniority rights, during the time applications are being received, returns to work during this training period and desires to qualify, he will be included in the list of the specified number of trainees and the junior applicant will be eliminated from the list.

(2) The agreed upon number of senior yardmen who make application will be given on-the-job training and instructions for the number of shifts to be specified by the Superintendent. The starting date of the training period for each employee will be designated by the Superintendent. Applicants will be selected in seniority order. If any of the designated trainees withdraw their applications, or are disqualified during the training period, the next senior applicant or applicants will be added to the list to supplant those thus eliminated.

(3) Trainees will be allowed CRO rate for each eight-hour shift in training. They must remain in attendance the complete eight-hour shift in each instance to qualify for this trainee allowance.

(4) Superintendent will be the judge as to the duration of the training period and when the trainee is qualified. Any trainee may be disqualified at any time during the training period when in the judgment of the Superintendent the trainee has clearly demonstrated inaptitude and lack of ability to qualify. If the trainee objects to his disqualification, he may make written request for investigation within ten days from date of disqualification.

(5) Applicants for trainee positions will not be used as yardmen while in training on any day they are paid as a trainee. This not to apply in cases of emergency which creates a shortage of yardmen.

SECTION C
SENIORITY

(1) At the expiration of the training period for each applicant, or group of applicants who train simultaneously, a bulletin will be posted by the Superintendent showing the names of those qualified. Letters CRO will be shown on the yardmen's seniority roster opposite the names of those qualified as CRO's. Their seniority date as CRO shall be the same as their yardman seniority date.

(2) Positions of CRO's then established will be bulletined and assigned to the senior qualified applicants under provisions of Section H(2) of this Article. If no applications received, the junior qualified man or men will be assigned.

3. Subsequent to the training period outlined in Section B, yardmen who desire to qualify for CRO positions will make written application to the Superintendent. Applicants who have not less than 260 days actual service as yardmen with this Carrier will be given an opportunity to qualify on their own time without expense to the Carrier. This authority will be granted by the Superintendent to applicants in seniority order and at times specified by him. Employees whose qualifications are certified by the Superintendent under the provisions of this Paragraph (3), when placed on an assignment will be required to serve a test period of fifteen shifts to demonstrate their fitness and ability. They may be disqualified prior to completion of the test period when their performance demonstrates lack of fitness and ability to continue subject to provisions of Section B(4).

4. No employee will be assigned or allowed to assume the duties of CRO until his qualifications are certified by the Superintendent. After an employee is certified, satisfactorily passes the test provided for in Paragraph (3), and it is desired to disqualify him from further service as CRO, he will be notified in writing and will be given an investigation, if requested, under the provisions of Article 22, Section A.

SECTION D
DUTIES

CRO's, while working as such, will not be required to perform other yardman duties unrelated to operation of car retarders except in cases of emergency. They will not be required to maintain records or make reports not incidental to car retarder operation. Accident and personal injury reports on prescribed forms covering accidents and injuries occurring during their normal tour of duty, and time returns are normal requirements of CRO's

SECTION E
STARTING TIME

Article 9, governing starting time of yard crews, will apply to CRO's.

SECTION F
ASSISTING TRAINEES

When CRO's are required and authorized during their tour of duty to assist trainees in learning the duties of CRO's, they will be allowed $2.00 per shift, or part thereof, for this duty. Supervisory responsibilities for this purpose other than to give advice necessary to properly instruct trainees will not be delegated to CRO's.

SECTION G
POINT FOR BEGINNING AND ENDING DAY

CRO's will report and be relieved from duty at the Car Retarder Tower.

SECTION H
VACANCIES

(1) Except as provided in Paragraph (3) below, temporary CRO vacancies, and permanent CRO vacancies under bulletin, will be filled by using:

To be entitled to call under any of the above categories the employee must be available under the Hours of Service Act to protect the 8-hour assignment of the CRO vacancy.

Regular assigned Yardmen used to fill CRO positions, as provided in this Paragraph (1), will be allowed not less than they would have earned on their regular assignment.

(2) Permanent vacancies on both existing and new CRO assignments will be computed, bulletined and assigned in the manner described in Article 14(a); provided, however, in the event no bids are received for a bulletined CRO vacancy the junior qualified CRO (who is not assigned as such) will be assigned and will not be allowed to bid off the position until some man junior to him has become qualified as CRO (and is not assigned as such) or unless some senior qualified CRO signifies in writing that he will accept the position (which will be considered his bid if it is rebulletined).

A CRO force assigned as such, may request, in writing, that the assignment be rebulletined if a junior man has become qualified as CRO or if a senior qualified CRO (not assigned as such) signifies in writing that he will accept the position (which will be considered his bid). The assignment will be rebulletined and the incumbent will remain on it while it is under bulletin.

(3) (a) In the event that a CRO vacancy exists for more than five days, the senior CRO desiring the same and making written application will be assigned on the sixth day.

(b) Where it is known in advance that a CRO vacation vacancy will exist for five days or more the senior CRO making written application at least 24 hours in advance of the first starting time, shall be assigned on the first day. This will also apply to CRO vacancies resulting from regularly assigned CRO's exercising rights under either part of this Paragraph (3).

SECTION I
EXERCISING SENIORITY

(1) Regularly assigned CRO's may exercise seniority on any yardman (foreman, helper, herder, etc.) assignment in accordance with seniority and applicable rules in the Yardmen's Agreement, provided there is a junior unassigned CRO available to fill the CRO vacancy.

(2) Qualified CRO's who are not regularly assigned as such may enter and re-renter CRO service by -

(3) (a) Qualified CRO's who are regularly assigned as a yardman (foreman, helper, herder, etc.) may relinquish CRO qualification and rights by notifying the proper Carrier Officer in writing. A yardman who does relinquish his qualification and rights may not re-establish them in less than six months (except as provided in Paragraph (3)(b) below), but they may do so by requesting in writing the opportunity to again establish his CRO qualification. (He may be required to "break-in" on his own time and will be subject to the test period specified in Section 3(3) of this Article.)

(b) Qualified CRO's assigned to the Yardmen's extra board may not relinquish their CRO qualifications and rights. A regularly assigned Yardman who has relinquished his CRO qualifications and rights, and then is subsequently assigned to the Yardmen's extra board, will be called for CRO vacancies while on the extra board if the proper Carrier Officer considers him qualified, and such use will re-establish his CRO qualification and rights.

(c) If an extra yardman does re-establish his qualifications and rights while on the extra board he may, if he subsequently obtains a regular yardman assignment, again relinquish his CRO qualification and rights under the provisions of Paragraph (3)(b) below.

SECTION J
LUNCH PERIOD

CRO's will be allowed twenty minutes for lunch within 4-1/2 and 6 hours from starting time without deduction in pay.

ARTICLE 34

SECTION A
INTERCHANGE POINTS FOR CONNECTING LINES

The Carrier will designate interchange point for each railroad at each terminal or switching district at first physical point of interchange. It is understood that due to different conditions prevailing at different terminals local committees may enter into local agreements providing for variations from the above.

(Award #129 of P.L. Board No. 37)

The purpose of the above provision is "to prohibit foreign line crews from coming into Frisco trackage and running through a yard capable of being the interchange point, into a more distant yard. *** We believe that this agreement restricts the authority of the Carrier to designate a point of interchange. It is necessary for the Carrier to designate the first yard entered by the delivering Carrier to be the point of interchange. However, in this dispute, the Carriers are not entering a yard when they enter the physical property. They are entering the Frisco main line, and then the first yard entered is the Rosedale Yard. Therefore, it is permissible for the Carrier to designate that yard as the interchange point."

SECTION B
INTERCHANGE

(1) At points where yard crews are employed, road freight crews may be required to receive their over-the-road trains from a connecting carrier or deliver their over-the-road trains to a connecting carrier provided such trains are solid trains which move from one carrier to another intact with or without motive power and/or caboose.

(2) If road crews referred to in Paragraph (1) of this Section B are not required to return or deliver their motive power and/or their cabooses to or from their on or off duty points an alternate means of transportation will be provided.

(3) At designated interchange points, if a carrier does not now have the right to specify additional interchange tracks it may specify such additional track or tracks as the carrier deems necessary providing such additional track or tracks are in close proximity. Bulletins specifying additional tracks will be furnished the General Chairman or General Chairmen involved prior to the effective date.

(4) If the number of cars being delivered to or received from interchange tracks of a connecting carrier exceeds the capacity of the first track used, it will not be necessary that any one interchange track be filled to capacity before use is made of an additional track or tracks provided, however, the minimum number of tracks necessary to hold the interchange will be used.

(5) Crews used in interchange service may be required to handle interchange to and from a foreign carrier without being required to run "light" in either direction.

Work equities between carriers previously established by agreement, decision or practice will be maintained with the understanding that such equity arrangements will not prevent carriers from requiring crews to handle cars in both directions when making interchange movements. Where carriers not now using yard and transfer crews to transfer cars in both directions desire to do so, they may commence such service and notify the General Committees of the railroad involved thereof to provide an opportunity to the General Committees to resolve any work equities between the employees of the carriers involved. Resolution of work equities shall not interfere with the operations of the carriers or create additional expense to the carriers. It is agreed, however, that the carriers will cooperate in providing the committees involved with data and other information that will assist in resolution of work equities.

(6) The foregoing provisions are not intended to impose restrictions with respect to interchange operation where restrictions did not exist prior to the date of this Section B.

ARTICLE 35
OFF-TRACK TRAVEL INSURANCE

When employees are required to ride in or on any vehicle while operated on or over a public thoroughfare will be covered by Carrier-financed insurance as follows:

(a) $100,000.00 Accidental Death or Dismemberment;

(b) $3,000.00 Blanket Accident Medical Reimbursement;

(c) 80 per cent of the insured employee's salary from this Carrier for time lost, subject to a maximum of $100.00 per week for a 156-week period. So far as extra men are concerned, the 80% shall be determined on the basis of the earnings of the extra man who takes the injured man's next turn off the board.

This will also apply to employees deadheading under orders.

ARTICLE 36
HEALTH AND WELFARE

Pursuant to an Agreement dated Washington, D.C. March 26, 1964, the St. Louis-San Francisco Railway Company, a participating carrier listed in exhibits thereto, as subsequently revised, agreed to provide disqualified yardmen and their dependents with health and welfare coverage (subject to negotiated changes).

ARTICLE 37
HOLIDAY PAY

(National Agreement of April 5, 1957, as revised by subsequent National Agreements, unless otherwise indicated)

SECTION A
REGULARLY ASSIGNED YARD SERVICE EMPLOYEES

(1) ***Each regularly assigned yard service employee, who meets the qualifications provided in Part (2) hereof, shall receive one basic day's pay at the pro rata rate of the position to which regularly assigned for each of the following enumerated holidays:

New Year's Day
Washington's Birthday
Decoration Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
Employee’s Birthday
Veteran’s Day (effective 1973)

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

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

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

(4) (Seniority Boards - Not reproduced - Not applicable.)

(5) This Section A applies only to regularly assigned yard service employees paid on an hourly or daily basis, who are subject to yard rules and working conditions. Except as provided for in Note 3 to Section A(2) above, each of the qualifying days of service provided in Part (2) of this Section A must be performed in yard service.

(6) Existing weekly or monthly guarantees shall be modified to provide that where a holiday falls on the workday of the assignment, payment of a basic day's pay pursuant to Part (1) of this Section A, unless the regularly assigned employee fails to qualify under Part (2) of this Section A, shall satisfy such guarantee. Nothing in this Section A shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the carrier's right to annul assignments on the holidays enumerated in Part (1) of this Section A.

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

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

(9) Nothing in this Section A shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as amended, and Article 32, Section A (Five-Day Work Week - Agreement of May 25, 1951, as amended).

SECTION B
EXTRA YARD SERVICE EMPLOYEES

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

New Year's Day
Washington's Birthday
Decoration Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
Employee’s Birthday
Veteran’s Day (effective 1973)

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

(2) To qualify, an extra yard service employee must -

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

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

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

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

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

(5) Nothing in this Section B shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as amended, and Article 32, Section A (Five-Day Work Week - Agreement of May 25, 1951, as amended).

SECTION C
GENERAL PROVISIONS

(Applicable to both regularly assigned and extra yardmen)

(Excerpt from Article X - July 17, 1968 national Agreement)

(1) The eighth paid holiday, the "Birthday Holiday", shall be applied in the following manner:

(a) The employee must qualify for his birthday holiday in the same manner as other designated holidays, except that he will not be required to work or be available for work on the birthday holiday to qualify for holiday pay if he so elects by giving reasonable notice to his supervisor of his intention to be off on the birthday holiday.

(b) An employee whose birthday falls on February 29, may, on other than leap years, by giving reasonable notice to his supervisor, have February 28 or the day immediately preceding the first day during which he is not scheduled to work following February 28 considered as his birthday for the purposes of this Article. If an employee's birthday falls on one of the eight listed holidays, he may, by giving reasonable notice to his supervisor, have the following day or the day immediately preceding the first day during which he is not scheduled to work following such holiday considered as his birthday for the purposes of this Article.

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

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

ARTICLE 38

SECTION A
VACATIONS

(National Vacation Agreement of April 29, 1949, as revised effective January 1, 1973.)

Section 1 (a) Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(a) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.3 days, and each basic day in all other services shall be computed as 1.1 days, for purposes of determining qualifications for vacations. (This is the equivalent of 120 qualifying days in a calendar year in yard service and 144 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(a) each basic day in all classes of service shall be computed as 1.1 days for purposes of determining qualifications for vacation. (This is the equivalent of 144 qualifying days.) (See NOTE below.)

(b) Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having two or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules and during the said two or more years of continuous service renders service of not less than three hundred twenty (320) basic days in miles or hours paid for as provided in individual schedules.

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

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

(c) Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having ten 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 ten or more years of continuous service renders service of not less than sixteen hundred (1600) basic days in miles or hours paid for as provided in individual schedules.

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

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

(d) Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having twenty or more years of continuous service with employing carrier will be qualified for an annual vacation of four weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules and during the said twenty or more years of continuous service renders service of not less than thirty-two hundred (3200) basic days in miles or hours paid for as provided in individual schedules.

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

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

(e) Effective January 1, 1973, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having twenty-five or more years of continuous service with employing carrier will be qualified for an annual vacation of five weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules and during the said twenty-five or more years of continuous service renders service of not less than four thousand 4000) basic days in miles or hours paid for as provided in individual schedules.

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

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

(f) In dining car service, for service performed on and after July 1, 1949 - each 7-1/2 hours paid for shall be considered the equivalent of one basic day in the application of Section 1(a), (b), (c), (d) and (e).

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

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

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

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing three hundred twenty (320) basic days under Section 1(b), sixteen hundred (1600) basic days under Section 1(c), thirty-two hundred (3200) basic days under Section 1(d), and four thousand (4000) basic days under Section 1(e).

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

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

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

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

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

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

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

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

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

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

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

Section 8 The vacation provided for in this Agreement shall be considered to have been earned when the employee has qualified under Section 1 hereof. If an employee's employment status is terminated for any reason whatsoever, including but not limited to retirement, resignation, discharge, noncompliance with a union shop agreement, or failure to return after furlough, he shall, at the time of such termination, be granted full vacation pay earned up to the time he leaves the service, including pay for vacation earned in the preceding year or years and not yet granted, and the vacation for the succeeding year if the employee has qualified therefor under Section 1. If an employee thus entitled to vacation or vacation pay shall die, the vacation pay earned and not received shall be paid to such beneficiary as may have been designated, or, in the absence of such designation, the surviving spouse or children or his estate, in that order of preference.

Section 9 The terms of this agreement shall not be construed to deprive any employee of such additional vacation days as he may be entitled to receive under any existing rule, understanding or custom, which additional vacation days shall be accorded under and in accordance with the terms of such existing rule, understanding or custom. With respect to yard service employees, and with respect to any yard service employee having interchangeable yard and road rights who receives a vacation in yard service, such additional vacation days shall be reduced by 1/6th.

Section 10 Any dispute or controversy arising out of the interpretation or application of any of the provisions of this agreement will be handled on the property in the same manner as other disputes. If the dispute or controversy is not settled on the property and either the carrier or the organization desires that the dispute or controversy be handled further, it shall be referred by either party 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, 1949 - December 31, 1949.

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

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

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

Referring to agreement, signed this date, between employees represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen, and the Switchmen's Union of North America, and Carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees, with respect to vacations with pay:

In computing basic days in miles or hours paid for, as provided in Section 1 of said agreement, the parties agree that the following interpretations shall apply:

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

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

3. An employee in freight service on a run of 125 miles, with total time on duty of 14 hours on the trip, will be credited with 1-3/4 basic days.

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

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

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

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

1st trip 150 miles
2nd trip 140 miles
3rd trip 120 miles
4th trip 150 miles
5th trip 140 miles
------------------
Total 700 miles

will be credited with seven basic days.

8. An employee in freight service makes trip of 80 miles in 8 hours or less, for which he is paid 100 miles, will be credited with 1 basic day.

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

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

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

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

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

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

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

INTERPRETATION OF CONTINUOUS SERVICE PROVISIONS OF SECTION 1 OF VACATION AGREEMENT. (January 18, 1956 National)

In the granting of vacations subject to agreements held by the five operating organizations, service rendered for the carrier will be counted in establishing five or fifteen or more years of continuous service, as the case may be, where the employee transferred in service to a position subject to an agreement held by an organization signatory to the April 29, 1949 Vacation Agreement, provided there was no break in the employee's service as a result of the transfer from a class of service not covered by an agreement held by an organization signatory to the April 29, 1949 Agreement. This understanding will apply only where there was a transfer of service.

SECTION B
IMPLEMENTING VACATION AGREEMENT

It is agreed vacations with pay, insofar as the service will permit of releasing the men, will be granted in accordance with the following supplemental understanding:

(1) Within ten (10) days of the date of bulletin to be issued to all employees affected, each employee will advise the date which he prefers for his vacation to begin, selecting three dates and indicating first, second and third choice, as there will probably be more than one application for each particular period and it may not be possible to permit all who request such period to have vacations at that time. Advice as to date vacation desired should be made to the Carrier Officer issuing the bulletin, with copy to the Local Chairman.

(2) At the close of the ten-day period provided above, a representative of the Carrier and the Local Chairman will properly begin the assignment of vacations dates, after first determining the qualification of the employee, giving due regard, consistent with the requirements of the service, to the preference of the employee in his seniority order in the class of service in which engaged at the close of the ten-day period provided herein. Definite dates will be assigned for vacation to be taken.

(3) The class of service to which the employee is assigned at the expiration of the ten-day period provided herein will determine the class of service for the purpose of assigning his vacation date, except a promoted brakeman who may happen to be working as an emergency conductor, and who is not on the conductors' extra board or assigned as conductor, will be considered a brakeman. This fact, however, will have no bearing whatever on what they will be paid for vacation assignments. If in different class of service at time vacation date arrives, there will be no change in the vacation date originally assigned.

(4) Those who do not advise the vacation date desired will be arbitrarily assigned a vacation date. Likewise, those who indicate the vacation date desired, (first, second and third choice), and such vacation dates are assigned to senior employees, making it impossible to assign them one of the dates desired, will be assigned an arbitrary vacation date.

(5) While vacations will be granted consistent with the requirements of the service, the fact that an employee is assigned a particular vacation date does not necessarily mean that he can be granted vacation at that particular time. If, however, he is not granted a vacation, he will be provided for in the Vacation Agreement.

(6) Vacation dates, once assigned will not be postponed, except (1) when the employee is away from the home terminal or lay-off point, in which event the starting date of his vacation will be postponed until the day following beginning of service prior to arrival at home terminal or lay-off point; (2) in meritorious cases where it can be done without interference with Carrier's service or assigned vacation periods of other employees and is agreed to by the proper Carrier Officer and the Local Chairman.

(7) The vacation days will be from 12:01 a.m., first day of vacation to 11:59 p.m., last day of vacation, subject to conditions set out in preceding paragraph.

(8) Vacation vacancies are to be filled the same as in case of men laying off, but will not be bulletined. Under rules permitting employees to bid in vacancies days off account vacation will not be counted, but days off preceding and following and continuous with time off account vacation will be counted.

(9) In order to schedule as many men as possible for vacations, it is understood there will be no claims submitted or recognized for other than the employees scheduled for vacation by reason of employees scheduled for vacation not released for that purpose.

(10) If time off on vacation and time off under mileage regulations are continuous, deadheading occasioned by regular men being off should not be paid for.

(11) Claim for vacation pay should be made on time slip provided for that purpose.

(12) An employee returning from vacation will report to proper authority for mark-up when ready to resume service in his turn. Regular men will be required to report, in advance, in accordance with Article 16, Section B. Extra man returning from vacation will be marked up on the board after he reports but not before 12:01 a.m. of the first day following the end of his vacation. An employee whose vacation is started will not return to work until vacation is completed except where he makes request prior to starting vacation under provisions of Section (7)(a) of the Vacation Agreement; or required to do so under provisions of Section 6 of the Vacation Agreement.

(13) It is understood interpretations by Vacation Committees under previous vacation agreements will apply to the July 1, 1949 Agreement involving identical rules.

(14) This agreement is effective July 1, 1949, and will be applicable until December 31, 1949 and thereafter for each succeeding year, but may be cancelled at the end of any year by proper request either by the Carrier or the Organizations signatory thereto filed 30 days prior to January 1 of the following year.

SECTION C
SPLIT VACATIONS

1. Effective with the year 1965, employees who have qualified under the provisions of Section 1(c), (d), or (e) of the 1949 Vacation Agreement, as amended, for an annual vacation of three or more weeks with pay may take such vacation in two periods if the so desire, each portion of which must consist of one or more full weeks (i.e., no split weeks).

2. The length of the entire vacation will be no greater than the length of vacation the employee is entitled to at the time the first portion of the vacation is taken.

3. Section 6 of the 1949 Vacation Agreement, amended, provides in part: "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 vacation.

In applying the principles set forth in Section 6, consideration will first be given to only one period of the split vacation in assigning vacations. An employee requesting a split vacation will designate which period he desires considered in accordance with the above. After all employees have been assigned one vacation period in accordance with the above quoted principle, the remaining split vacations will be assigned to available unassigned periods with due regard to employee in his seniority order consistent with requirements of the service.

4. Vacations will be scheduled in week increments Monday through Sunday so that vacations will be assigned for calendar week or weeks, but vacations must begin and end in the same calendar year. However, men with regular assigned rest and/or layover days will actually take their vacation commencing with the work day that follows the rest or layover day that is nearest to the Monday on which the vacation was scheduled to start.

5. In the application of Section 7(a) of the 1949 Vacation Agreement, as amended, in order to avoid loss of time by an employee at the end of his first period of a split vacation, the number of vacation days in the first vacation period at the request of the employee may be reduced and adjusted in the second vacation period, and then if necessary to avoid loss of time by the employee at the end of his second vacation period, the number of vacation days in the second vacation period at the request of the employee may be reduced and adjusted in the next year.

6. Where an employee has been permitted to take his vacation in two periods and he is paid therefor on the basis of minimum basic days in accordance with the Vacation Agreement, as amended, such payment will be at the rate of the last service rendered prior to the start of the first vacation period.

7. The Carrier will assume no additional expense in granting split vacations as a result of this agreement. No return deadhead from the first portion will be paid for nor will the going deadhead for the last portion be paid for on a split vacations.

8. This Agreement may be cancelled at the end of any year by proper request either by the Carrier or the Organization signatory hereto filed thirty days prior to January 1 of the following year.

ARTICLE 39

SECTION A
UNION SHOP AGREEMENT

1. In accordance with and subject to the terms and conditions hereinafter set forth, all employees of the carrier now or hereafter subject to the rules and working conditions agreements between the parties hereto, except as hereinafter provided, shall, as a condition of their continued employment subject to such agreements, become members of the Organization within sixty calendar days of the date they first perform compensated service as such employees after the effective date of this Section A, and thereafter shall maintain membership in the Organization; except that such membership shall not be required to any individual until he has performed compensated service on thirty days within a period of twelve consecutive calendar months. Nothing in this Section A shall alter, enlarge or otherwise change the coverage of the present or future rules and working conditions agreements.

2. The requirements of membership provided for in Part 1 of this Section A shall be satisfied if any employee shall hold or acquire membership in any one of the labor organizations, national in scope, organized in accordance with the Railway Labor Act and admitting to membership employees of a craft or class in train, yard, engine or hostling service that is, in any of the services or capacities, covered in Section 3, First, (h), of the Railway Labor Act, defining the jurisdictional scope of the First Division of the National Railroad Adjustment Board; provided, however, that nothing contained in this Section A shall prevent any employee from changing membership from one organization to another organization admitting to membership employees of a craft or class in any of the services above specified.

3. (a) Employees who retain seniority under the rules and working conditions agreements governing their class or craft and who are regularly assigned or transferred to full time employment not covered by such agreements, or who, for a period of thirty days or more, are (1) furloughed on account of force reduction, or (2) on leave of absence, or (3) absent on account of sickness or disability, will not be required to maintain membership as provided in Part 1 of this Section A so long as they remain in such other employment, or furloughed or absent as herein provided, but they may do so at their option. Should such employees return to any service covered by the said rules and working conditions agreements and continue therein thirty calendar days or more, irrespective of the number of days actually worked during that period, they shall, as a condition of their continued employment subject to such agreements, be required within thirty-five calendar days from date of their return to such service, to comply with the provisions of Parts 1 and 2 of this Section A.

(b) The seniority status and rights of employees furloughed to serve in the Armed Forces or granted leaves of absence to engage in studies under an educational aid program sponsored by the federal government or a state government for the benefit of ex-servicemen shall not be terminated by reason of any of the provisions of this Section A but such employees shall, upon resumption of employment, be considered as new employees for the purposes of applying this Section A.

(c) Employees who retain seniority under the rules and working conditions agreements governing their class or craft and who, for reasons other than those specified in Paragraphs (a) and (b) of this Part 3, are not in service covered by such agreements, or leave such service will not be required to maintain membership as provided in Parts 1 and 2 of this Section A so long as they are not in service covered by such agreements, but they may do so at their option. Should such employees return to any service covered by the said rules and working conditions agreements they shall, as a condition of their continued employment, be required, from the date of return to such service, to take membership in one of the organizations specified in Parts 1 and 2 of this Section A.

4. Nothing in this Section A shall require an employee to become or to remain a member of the organization if such membership is not available to such employee upon the same terms and conditions as are generally applicable to any other member, or if the membership of such employee is denied or terminated for any reason other than the failure of the employee to tender the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership. For purposes of this Section A, dues, fees, and assessments, shall be deemed to be "uniformly required" if they are required of all employees in the same status at the same time in the same organizational unit.

5. (a) Each employee covered by the provisions of this Section A shall be considered by the Carrier to have met the requirements of this Section A unless and until the Carrier is advised to the contrary in writing by the Organization. The Organization will notify the Carrier in writing by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt, of any employee who it is alleged has failed to comply with the terms of this Section A and who the Organization therefore claims is not entitled to continue in employment subject to the rules and working conditions agreements. The form of notice to be used shall be agreed upon by the Carrier and the Organization and the form shall make provision for specifying the reasons for the allegation of non-compliance. Upon receipt of such notice, the carrier will, within ten calendar days of such receipt, so notify the employee concerned in writing by Registered or Certified Mail, Return Receipt Requested, or by personal delivery evidenced by receipt. Copy of such notice to the employee shall be given the Organization. An employee so notified who disputes the fact that he has failed to comply with the terms of this Section A shall, within a period of ten calendar days from the date of receipt of such notice, request the Carrier in writing by Registered or Certified Mail, Return Receipt Requested, or by personal delivery evidenced by receipt, to accord him a hearing. Upon receipt of such request the Carrier shall set a date for hearing which shall be held within ten calendar days of the date of receipt of request therefor. Notice of the date set for hearing shall be promptly given the employee in writing with copy to the Organization, by Registered or Certified Mail, Return Receipt Requested, or by personal delivery evidenced by receipt. A representative of the Organization shall attend and participate in the hearing. The receipt by the Carrier of a request for a hearing shall operate to stay action on the termination of employment until the hearing is held and the decision of the Carrier is rendered.

In the event the employee concerned does not request a hearing as provided herein, the carrier shall proceed to terminate his seniority and employment under the rules and working conditions agreement not later than thirty calendar days from receipt of the above described notice from the Organization, unless the Carrier and the Organization agree otherwise in writing.

(b) The Carrier shall determine on the basis of the evidence produced at the hearing whether or not the employee has complied with the terms of this Section A and shall render a decision within twenty calendar days from the date that the hearing is closed, and the employee and the Organization shall be promptly advised thereof in writing by Registered or Certified Mail, Return Receipt Requested.

If the decision is that the employee has not complied with the terms of this Section A, his seniority and employment under the rules and working conditions agreements shall be terminated within twenty calendar days of the date of said decision except as hereinafter provided or unless the Carrier and the Organization agree otherwise in writing.

If the decision is not satisfactory to the employee or to the Organization it may be appealed in writing, by Registered or Certified Mail, Return Receipt Requested, directly to the highest officer of the Carrier designated to handle appeals under this Section A. Such appeals must be received by such officer within ten calendar days of the date of the decision appealed from and shall operate to stay action on the termination of seniority and employment, until the decision on appeal is rendered. The Carrier shall promptly notify the other party in writing of any such appeal, by Registered or Certified Mail, Return Receipt Requested. The decision on such appeal shall be rendered within twenty calendar days of the date the notice of appeal is received, and the employee and the Organization shall be promptly advised thereof in writing by Registered or Certified Mail, Return Receipt Requested.

If the decision on such appeal is that the employee has not complied with the terms of this Section A, his seniority and employment under the rules and working conditions agreement shall be terminated within twenty calendar days of the date of said decision unless selection of a neutral is requested as provided below, or unless the Carrier and the Organization agree otherwise in writing. The decision on appeal shall be final and binding unless within ten calendar days from the date of the decision the Organization or the employee involved requests the selection of a neutral person to decide the dispute as provided in Part 5(c) below. Any request for selection of a neutral person as provided in Part 5(c) below shall operate to stay action on the termination of seniority and employment until not more than ten calendar days from the date decision is rendered by the neutral person.

(c) If within ten calendar days after the date of a decision on appeal by the highest officer of the Carrier designated to handle appeals under this Section A the Organization or the employee involved requests such highest officer in writing by Registered or Certified Mail, Return Receipt Requested, that a neutral be appointed to decide the dispute, a neutral person to act as sole arbitrator to decide the dispute shall be selected by the highest officer of the Carrier designated to handle appeals under this Section A or his designated representative, the Chief Executive of the organization or his designated representative, and the employee involved or his representative. If they are unable to agree upon the selection of a neutral person any one of them may request the chairman of the National Mediation Board in writing to appoint such neutral. The Carrier, the Organization and the employee involved shall have the right to appear and present evidence at a hearing before such neutral arbitrator. Any decision by such neutral arbitrator shall be made within thirty calendar days from the date of receipt of the request for his appointment and shall be final and binding upon the parties. The Carrier, the employee, and the Organization shall be promptly advised thereof in writing by Registered or Certified Mail, Return Receipt Requested. If the position of the employee is sustained, the fees, salary and expenses of the neutral arbitrator shall be borne in equal shares by the Carrier and the Organization; if the employee's position is not sustained, such fees, salary and expenses shall be borne in equal shares by the Carrier, the Organization and the employee.

(d) It is understood that if an employee produced evidence to an officer or duly authorized member of the General Committee of the Organization that he is a member in any one of the labor organizations as specified in Part 2 of this Section A that will satisfy this Section A and no notice will be served by the Organization to the Carrier to have employee removed from service. Employee will be required to produce such evidence on demand of an officer or duly authorized member of the General Committee of the Organization, but will not be required to produce such evidence more than once in a calendar month. If employee fails or refuses to produce such evidence, he may be cited to the Carrier by the Organization as not complying with this Section A.

(e) The time periods specified in this Part 5 may be extended in individual cases by written agreement between the Carrier and the Organization.

(f) Provisions of investigation and discipline rules contained in the rules and working conditions agreements between the Carrier and the Organization will not apply to cases arising under this Section A.

(g) The General Chairman of the Organization shall notify the carrier in writing of the title(s) and address(es) of its representatives who are authorized to serve and receive the notices described in this Section A. The Carrier shall notify the General Chairman of the Organization in writing of the title(s) and address(es) of its representatives who are authorized to receive and serve the notices described in this Section A.

(h) In computing the time periods specified in this Section A, the date on which a notice is received or decision rendered shall not be counted.

6. Other provisions of this Section A to the contrary notwithstanding, the Carrier shall not be required to terminate the employment of an employee until such time as a qualified replacement is available. The Carrier may not, however, retain such employee in service under the provisions of this Part 6 for a period in excess of sixty calendar days from the date of the last decision rendered under the provisions of Part 5, or ninety calendar days from date of receipt of notice from the Organization in cases where the employee does not request a hearing. The employee whose employment is extended under the provisions of this Part 6 shall not, during such extension, retain or acquire any seniority rights. The position will be advertised as vacant under the bulletining rules of the agreement but the employee may remain on the position he held at the time of the last decision, or at the date of receipt of notice where no hearing is requested pending the assignment of the successful applicant, unless displaced or unless the position is abolished or annulled. The above periods may be extended by agreement between the Carrier and the Organization involved.

7. An employee whose seniority and employment under the rules and working conditions agreements is terminated pursuant to the provisions of this Section A or whose employment is extended under Part 6 shall have no time or money claims by reasons thereof.

If the final determination under Part 5 of this Section A is that an employee's seniority and employment in a craft or class shall be terminated, no liability against the Carrier in favor of the Organization or other employees based upon an alleged violation, misapplication or non-compliance with any part of this Section A shall arise or accrue during the period up to the expiration of the 60 or 90 day periods specified in Part 6, or while such determination may be stayed by a court, or while a discharged employee may be restored to service pursuant to judicial determination. During such periods, no provision of any other agreement between the parties hereto shall be used as the basis for a grievance or time or money claim by or on behalf of any employee against the Carrier predicated upon any action taken by the Carrier in applying or complying with this Section A or upon an alleged violation, misapplication or non-compliance with any provision of this Section A. If the final determination under Part 5 of this Section A is that an employee's employment and seniority shall not be terminated, his continuance in service shall give rise to no liability against the Carrier in favor of the Organization or other employees based upon an alleged violation, misapplication or non-compliance with any part of this Section A.

8. In the event that seniority and employment under the rules and working conditions agreements is terminated by the Carrier under the provisions of this Section A and such termination of seniority and employment is subsequently determined to be improper, unlawful, or unenforceable, the Organization shall indemnify and same harmless the Carrier against any and all liability arising as the result of such improper, unlawful, or unenforceable termination of seniority and employment; provided, however, that this section shall not apply to any case in which the carrier involved is the plaintiff or the moving party in the action in which the aforesaid determination is made or in which case the carrier acts in collusion with any employee; provided further, that the aforementioned liability shall not extend to the expense to the Carrier in defending suits by employees whose seniority and employment are terminated by the Carrier under the provisions of this Section A.

9. This Section A shall not apply to employees who are subject to the provisions of agreement governing rates of pay, hours of service, and working conditions between the parties hereto, applicable to Dining Car Stewards and Assistant Dining Car Stewards.

10. An employee whose employment is terminated as a result of non-compliance with the provisions of this Section A shall be regarded as having terminated his employee relationship for vacation purposes.

UNDERSTANDING: It is agreed that in the application of the Union Shop Agreement effective March 1, 1953, in St. Louis, Missouri that any employee in service on the date of that agreement who is not a member of an organization as provided in Part 2 of the Union Shop Agreement and who will make affidavit he was a member of a bona fide and recognized religious group, on the date of that agreement, having scruples against joining an organization, will, if he would otherwise be required to join an organization under the Union Shop Agreement, be deemed to have met the requirements of the Union Shop Agreement if he agrees to and does pay initiation fees, periodic dues and assessments to one of the organizations as specified in Part 2 of the Union Shop Agreement.

SECTION B
DUES DEDUCTION

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

(b) Both the wage assignment authorization and the revocation of the wage assignment authorization forms shall be subject to approval by the Carrier.

(c) The Organization shall assume full responsibility for the procurement and execution of the wage assignment authorization revocation and for delivery of such forms to the Auditor-Disbursements of the Carrier.

(2) (a) The Treasurer of each lodge of the Organization shall furnish to the Auditor-Disbursements of the Carrier, not later than the first of each month, a certified statement in triplicate showing the name, the payroll account number, the division on which employed, and the gross amount of any assessment to be deducted from the wage of each member who has signed a wage assignment form and which form has been filed with the Carrier.

(b) The deductions will be made from the wages earned in train or yard service in the first pay period of the month only. Employee deduction authorizations must be in the office of Auditor-Disbursements of the Carrier not later than the first of the month in which deductions are to be made. The following payroll deductions will have priority over deductions in favor of the Organization, as provided for in this Section B:

(c) If the earnings of an employee are insufficient to remit the full amount of deduction for such employee, no deduction shall be made, and the same will not be accumulated and deducted in subsequent months.

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

(3) This Section B shall cease to apply to any employee who may be adjudicated bankrupt or insolvent under any Federal or State laws, and any wage assignment authorization given hereunder shall become void.

(4) In consideration of the services described above and to pay for the expense of administration, the Carrier shall retain from the sum of all deductions made in each month 8¢ per member from whose wages a deduction is made in such month and will remit to the Treasurer of each local lodge of the Organization the balance due such local lodge of the Organization of the amount deducted from the wages of the members. The Carrier will make such remittance, furnish the Treasurer of each local lodge with a list of the employees from whom deductions were made, showing the amount of such deductions. One copy of this statement only to be furnished the Organization.

(5) Responsibility of Carrier under this Section B shall be limited to remitting to the Organization amounts actually deducted from wages of the employees pursuant to this Section B, and the Carrier shall not be responsible to any employee for making deduction specified on a deduction list or for failure to do so. Any question arising as to the correctness of the amount listed and deducted shall be handled between the employee involved and the Organization, and any complaints against the Carrier in connection therewith shall be handled by the Organization on behalf of the employee concerned.

(6) Auditor-Disbursements of the Carrier shall be furnished a list showing all local lodges, name and address and title of Organization local lodge officer to whom deductions made pursuant to this agreement are to be forwarded. The Organization will also advise Auditor-Disbursements of the Carrier of any changes in names, addresses and titles of Organization officers to whom reductions are to be forwarded, such original list and advice of any changes to be in hands of Auditor-Disbursements of the Carrier on or before the first day of the month in which deductions are to be made.

(7) No part of this Section B or any other Agreement between the Carrier and the Organization shall be used either directly or indirectly as a basis for any grievance or claim by or on behalf of any employee predicated upon any violation of, or misapplication or non-compliance with, any part of this Section B.

(8) The Organization shall indemnify, defend and save harmless the Carrier from any and all claims, demands, liability, losses or damage resulting from the execution of, or compliance with the provisions of this Section B.

ARTICLE 40
SENIORITY - CONSOLIDATED

SECTION A
TWO OR MORE TERMINALS

(1) The following yardmen's seniority and districts are merged:

UNDERSTANDING: Special Agreements, agreed to interpretations and practices applicable to the consolidation of these yards will continue in full force and effect until changed or cancelled by mutual consent or in accordance with provisions of the Railway Labor Act, as amended. The understandings, interpretations and practices applicable to the first eight consolidations, except Okmulgee, are also applicable to the terminals listed as (i) and (j) and Okmulgee. Existing agreements concerning filling vacancies at Okmulgee and Lawton will remain in effect.

(2) At any of these yards, where a yardman's extra board is maintained, if that extra board is exhausted and there is a need for an extra yardman to fill a vacancy, an available cut-off man will be used: If no cut-off man is available, a regular assigned man will be used. At any of these yards where no extra board is maintained, an available cut-off man will be used but if none at that point, it will be proper to use a yardman from the extra board at the other yard(s) with which the yard was consolidated.

SECTION B

Hugo Yardmen seniority was consolidated with A&A Brakemen's District, effective October 26, 1946 and with the Arthur Subdivision Brakemen effective October 16, 1972 to form the Hugo Freight Seniority District. (Agreements Not Reproduced.)

SECTION C
CONSOLIDATED ROAD AND YARD SENIORITY

Seniority Rosters of Yardmen have been merged ("tail-ended") with Trainmen on adjoining road districts on the following territories:

Yardmen, Ft. Scott, Kansas with ...
Trainmen on Ash Grove Sub (effective 7/1/61)

Yardmen, Thayer, Missouri and Jonesboro, Arkansas with ...
Trainmen on Memphis Sub. (effective 10/31/61)

Yardmen, St. Louis, Missouri and Newburg, Missouri with ...
Trainmen on Rolla Sub (effective 7/1/62)

Yardmen, Enid and Arkansas City, Oklahoma with ...
Trainmen on Western Division (effective 9/1/62)

Yardmen, Springfield, Missouri with ...
Trainmen on Lebanon-Springfield Sub (effective 5/15/63)

Yardmen, Wichita and Neodesha, Kansas with ...
Trainmen on Wichita Sub (effective 5/6/64) and with ...
*Trainmen on Burrton Sub

Yardmen, Kansas City with ...
Trainmen on Kansas City Sub (effective 5/6/64)

*Yardmen, Pensacola with ...
Trainmen on Pensacola Sub

*Yardmen, Amory with ...
Trainmen on Columbus Sub

*Yardmen, Birmingham with ...
Trainmen on Birmingham Sub

*Yardmen, Fort Worth with ...
Trainmen on Fort Worth Sub

*Yardmen, Sherman, Francis and Okmulgee, Oklahoma with ...
Trainmen on Sherman and Creek Subs

*Yardmen, Tulsa with
Trainmen on Cherokee Sub

*Yardmen, Lawton and Oklahoma City, Oklahoma with ...
Trainmen on Oklahoma and Chickasha Subs

*Yardmen, Fort Smith, Muskogee and Fayettteville with ...
Trainmen on Fort Smith Sub

*Yardmen, Monett and Joplin, Missouri with ...
Trainmen on the Carthage Sub

#*Yardmen Memphis with ...
Trainmen on Tupelo Sub

The following agreement is applicable on the above mentioned territories

(1) The names of all trainmen, in the order in which they stand in road service, have been added to the Yardmen's Seniority Roster preserving prior rights in road service and with their yard seniority to date from the date otherwise provided herein.

(2) The names of all yardmen, in the order in which they stand in yard service, have been added to the Trainmen's Seniority Roster, preserving prior rights in yard service and with their road seniority to date from the date otherwise provided herein.

(3) Employees entering service after the specified effective date for their district shall hold rights in both road and yard service.

(4) There shall be no additional expense to the Carrier for deadheading or otherwise, as a result of this agreement, this to include trips made learning the road or yard when necessary. This protection against "additional expense" does not cancel or supersede existing agreements in regard to automobile mileage or deadhead allowances in the protection of vacancies at certain points.

(5) Separate extra boards will be maintained for trainmen and yardmen, in accordance with Section 5 of Article 3 of the BRT National Agreement dated May 25, 1951 reading:

In the event the yardmen's extra board becomes exhausted, the provisions of Paragraph 10 of Article 32, Section B of the Yardmen's Agreement, reading as follows:

will become applicable and in the event no yardmen are available thereunder, then the brakemen first out on brakemen's extra board will be called for the yard service and be paid regular rates applicable to the service performed. Upon completion of each shift in yard service, this brakeman who has performed yard service will be returned to the extra board and be marked at the bottom of the board, it being understood that any prior road service prior to the time of his call for the yard assignment will not require payment of overtime rate for the assignment filled in yard service.

(6) (a) Should a regular assigned yardman or a regular assigned brakeman be bumped or otherwise be entitled to exercise his seniority, he may bump a junior man in either craft. Additionally, he is permitted to bump onto the brakemen's extra board or onto the yardmen's extra board if he cannot hold a yard job. When an employee does place himself on the yard extra board no one is cut off at that time, the excess man or men remain on the board until the next adjustment (Monday morning), or until adjustment is made in accordance with Article 16, Section A(2). Should a man bump onto the brakemen's extra board, no one is automatically cut off, but if the Local Chairman decides that there are too many men on the brakemen's extra board, he could make a reduction in accordance with the established procedure.

(b) When it is necessary to increase the brakemen's extra board, furloughed employees will be recalled to the extra board and be marked up thereon as soon as they report. A bulletin will be posted (on the same day), giving yardmen the opportunity to exercise their brakemen's seniority. This bulletin will be in accordance with Article 15 of the Trainmen's Agreement. Senior yardman making application will be assigned.

(c) When a man changes from one craft to the other by a voluntary exercise of seniority (i.e., bids or bumps), he will be required to remain in that craft for 30 days or until his seniority in that craft is exhausted, whichever occurs first. In other words, if a man assigned as a yardman bids or bumps onto the brakemen's extra board, he may not bid or bump back onto a yard job, or the yard extra board, for 30 days except if he is reduced from the brakemen's extra board and can hold no other job as brakeman.

3016-11

(7) All rules and provisions of the Yardmen and Trainmen Schedules contrary or conflicting with the above merger are superseded by the provisions of this agreement, with the understanding that the line of demarcation as contained in the two respective contracts shall be maintained.

In accordance with Memorandum of Agreement dated April 21, 1972, on the territories newly added to this agreement which are prefixed by asterisk, any new hires establishing seniority after 12:01 A.M., April 22, 1972, shall have their names added to the consolidated roster and have only one seniority date on the newly consolidated seniority roster.

ARTICLE 41
ELECTRIC LANTERNS

ARTICLE 42
FACILITIES IN PERMANENT YARDS

Yardmen in permanent yards will be provided with wash and locker rooms, equipped with heat, light, hot and cold water where possible, wash stands, and a sufficient number of lockers built therein for the purpose of keeping clothes, extra equipment and supplies. It will contain cooler supplied with ice and will be kept in a sanitary condition.

ARTICLE 43

SECTION A
CABOOSES

Cabooses properly supplied and equipped will be furnished yardmen on runs of five miles or more in one direction.

SECTION B
EQUIPMENT ON ENGINES

(a) All engines assigned to switching service shall be equipped with head lights, foot boards, and proper grab irons at both ends, also cooler for water, suitable box to carry lunch and rain clothes; water and ice to be placed on engine by the Carrier.

(b) Any engine temporarily assigned to switching service shall be so equipped at the first opportunity, if such engine is to be discontinued in that service more than one shift the use of unequipped engines shall not be prolonged by the substitution of one engine for another. This provision, however, shall not apply to engines exclusively used in transfer service.

SECTION C
DRINKING WATER

The "flow through" drinking water cooler constitutes a satisfactory dispenser insofar as the requirements of existing agreement rules and understandings.

The Carrier agrees to install this type cooler, as expediently as possible on all road and yard engines ("A" Units) and cabooses. It further agrees that Ozarka water or comparable bottled water in disposable container and ice, will be furnished.

ARTICLE 44
EXPENSES AWAY FROM HOME

(Taken from Article XI of the January 27, 1972 National Agreement)

(a) Effective on the date of this Agreement, Article II (Expenses Away From Home) of the June 25, 1964 Agreement is amended to cover men in train, engine or yard service called from the extra board or used in the capacity of an extra man to fill vacancies at outlying points subject to the following additional conditions:

(1) The outlying point must be 30 miles or more from the terminal limits of the location where the extra list from which called is maintained.

(2) Lodging or allowances in lieu thereof where applicable will be provided only when extra men are held at the outlying point for more than one tour of duty and will continue to be provided for the periods held for each subsequent tour of duty.

(b) Effective 15 days after the date of this Agreement the meal allowance provided for in Article II, Section 2 of the June 25, 1964 National Agreement is increased from $1.50 to $2.00, and an additional $2.00 meal allowance will be provided after being held an additional 8 hours.

ARTICLE 45
VIOLATION OF LAWS

Should it be required by the Carrier that yardmen violate the law or laws, such instructions will be given in writing by the proper officer of the Carrier.

ARTICLE 46
EMERGENCY DEFINED

The meaning of the term "emergency" as applied in the foregoing Articles, refers to wrecks, washouts, fires, loading or unloading trains of stock.

ARTICLE 47
APPROVAL OF APPLICATIONS

Yardmen filing application for employment will be notified of rejection or acceptance of such application within 60 days after the date they first perform service and establish a yardman's seniority date. If not notified within 60 days, application will stand as accepted.

ARTICLE 48
FURNISHING COPIES OF AGREEMENT

The proper officers of the Carrier will be furnished sufficient copies of this schedule to supply the men now in service. Yardmen now in service will be furnished one copy.

ARTICLE 49
EFFECTIVE DATE AND DURATION

The above rules and regulations covering wages and working conditions of yardmen shall not be varied from or changed unless agreed to by the Director of Labor Relations and the Chairman of General Committee or as otherwise provided by the Railway Labor Act, as amended. Any existing agreements, agreed understandings, or interpretations which are not included herein and have not been modified, superseded, or cancelled by the rules of this Agreement and are not in conflict therewith will remain in effect.

This revised Agreement signed at Springfield, Missouri October 28, 1972 and effective January 1, 1973.

For: ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
(Except AT&N and NEO Districts)

By: (s) J. J. Ratcliff
Director of Labor Relations

For:UNITED TRANSPORTATION UNION

By:(s)J. W. Reynolds
Chairman, General Committee of Adjustment

By:(s)G. E. Cash
Vice Chairman, General Committee of Adjustment

By:(s)K. L. Carnes
Secretary, General Committee of Adjustment