Please note: This Agreement is posted here in its original form without any subsequent revisions.
Engineers employed on electric locomotives in passenger service to be paid the passenger rates shown in preceding table, based on weight on drivers. In the application of the rates for various driver weights in electric locomotive service, the total weight on drivers of all units operated by one engineer shall be the basis for establishing the rates.
Electric car service, whether operated in multiple unit or single unit, to be paid minimum rate in preceding table according to class of service.
All motor cars used in passenger service operated under train rules by engineers, regardless of whether operated by gasoline, steam, electricity or other motive power, to be paid minimum rate in preceding table.
Engineers or motormen operating motor or electric cars, whether in multiple or single unit passenger service, shall be paid a basic daily rate of $16.17 with a daily guarantee of $17.43. (Effective October 1, 1965).
NOTE: This rate of pay does not apply to engineers or motormen operating motor or electric cars in single unit passenger service according to interpretation dated September 15, 1948, of Wm. M. Lefserson, Chairman of Emergency Board.
Rates for engineers in through and irregular freight, pusher, helper, mine run or roustabout, all unassigned passenger service except as provided for in Rule No. 74(m), work, wreck, construction, snow plow, circus trains, trains established for the exclusive purpose of handling milk and all other unclassified service shall be as per Rule 1, freight rates.
NOTE: Refer to Rule 19 for snow service.
(b) Effective October 1, 1955, the minimum daily earnings from all sources, for each day to which service payments are credited, of locomotive engineers (motormen) in local freight, mine run, wreck, work, helper and road switcher (not including pool, chain gang or converted) service, and not now subject to other guarantees, shall be $18.49.
NOTE: The term "local freight service" includes road service paid local freight rates, subject to the exclusions set forth above.
On way freight runs, designated by Rule 21, 56 cents per hundred miles or less shall be added to the through freight rates, according to class of engines; miles over 100 to be paid for pro rata.
Between Skykomish and Merritt, Clancy and Woodville, Essex and Summit, the rate for all engines and motors and rotary snow plows will be 10% in excess of the above rates. The same thing to apply to any other grade of 1.8 % or greater, but only for the actual distance covered by such grades.
Special rate switch engineers Butte Yard; hill service and hill and lower yard combined service, yard rate for class of engine used plus ten percent; lower yard, yard rate for class of engine used. (Effective April 1, 1956).
Engineers running rotary snow plows will receive $17.16 per day of 8 hours or less; locomotive engineers to have preference.
If a type of locomotive is introduced on the Great Northern Railway which formerly was not in use on this railway, and the rates herein provided are less than those in effect on other roads in the territory, the rates on the other roads shall be applied.
AWARD of Board of Arbitration established under July 17, 1952 arbitration agreement in accordance with Agreements of May 23, 1952 with Engineers, Firemen and Conductors, on the matter of MORE THAN ONE CLASS OF ROAD SERVICE, dated at Washington, D. C., December 3, 1952:
QUESTION NO. 1: "Should any rule covering More Than One Class of Road Service be granted?"
The Board finds there is no controversy over this question. All parties to this proceeding now agree, as a matter of record, that there should be a rule.
QUESTION NO. 2: "What shall be the language of the rule?"
Subject to and in keeping with the provisions of Paragraph 4 of the Arbitration Agreement of July 17, 1952, the Board finds that a new rule should be awarded as follows:
I. More Than One Class of Road Service Rule:
Road employees (engineers, firemen and helpers, conductors and trainmen) employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:
The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.
When two or more locomotives of different weight on drivers are used during a trip or day's work, the highest rate applicable to any engine shall be paid to the engineer, fireman and/or helper for the entire day or trip.
Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours required for the regular trip.
EXAMPLES FOR THE APPLICATION OF THIS PARAGRAPH A-2 ARE:
II . Wage Stabilization Finding and Certification:
This Board specifically finds and certifies that the award herein rendered is consistent with the standards now in effect, established by or pursuant to law, for the purpose of controlling inflationary tendencies.
Award rendered and filed in the Office of the Clerk of the United States District Court for the District of Columbia, this 3rd day of December, 1952.
BOARD OF ARBITRATION
(SIGNATURES NOT REPRODUCED)
NOTE: Any dispute arising as to the meaning or the application of the provisions of this Award shall be disposed of as provided for in Section 7 of the Arbitration Agreement dated July 17, 1952.
When it is desired to handle freight shipments, moving on freight billing under freight tariffs, upon trains assigned or run as passenger trains, the following special rules will apply:
If such shipments are handled in cars not equipped for regular movement in passenger trains, the handling o such equipment constitutes a freight train movement. If such movement is only occasional or incidental, freight rates will be paid for the trip in accordance with th classification of freight service rendered, but without change in assignment or application of freight rules 0 terminals. If such freight movement is regularly part of the work of the train, assignment of run and application of rates and rules will be made as provided for freight train service.
If such shipments are handled in cars equipped for regular movement in passenger trains, the run will be assigned, and operated as to rules and terminals, as passenger train, but there shall be added to the regular passenger rate the differentials as shown below for the actual mileage over which the freight service is performed. Through service as there shown shall be understood to mean the handling of shipments on that run in unbroken carloads; local service shall be understood to mean the handling of shipments of commercial LCL freight and/or Company material, loaded or unloaded by the engine or train crew during the entire trip.
It is understood and agreed that these special rules do not apply to milk and cream or similar commodities handled on special billing as "passenger train freight" or "waybilled baggage", nor to commodities of any kind handled on express billing. It Is further understood and agreed that this rule does not apply to passenger equipped cars which are returned empty, nor to the incidental return movement of less than carload merchandise returned to its proper destination account carried by in error, and is without prejudice to the proper application of combined service Rule 9.
If trains are run composed of passenger equipment only, but handling only fast freight as provided herein, they will be classified and operated as passenger runs, subject to the differential rate provided.
One hundred miles or less (straightaway or turnaround), five hours or less, except as provided in paragraph (c) of this rule shall constitute a day's work, miles in excess of one hundred will be paid for at the mileage rate provided, according to class of engine.
In all passenger service, the earnings from mileage, overtime or other rules, applicable, for each day service is performed, shall be not less than $15.73 for engineers.
In applying the $15.73 minimum for engineers in passenger service, it is intended that on assignments where men run so as to make only the equivalent of a single trip in one direction each day, they shall be paid the guaranteed minimum for each single trip.
Engineers on short turn-around passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty, in excess of eight (8) hours (computed on each run from the time required to report for duty to the end of that run) within nine (9) consecutive hours; and also for all time in excess of nine (9) consecutive hours, computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour. This rule applies regardless of mileage made.
For calculating overtime under this rule, the management may designate the initial trip.
NOTE: "Interval of release from duty" must be actual release from performance of service and notice of such release must be given employees prior to commencement of such interval. It is not necessary that such reliefs be incorporated as part of bulletin nor made a daily requirement of such assignment.
EXAMPLES OF TURN-AROUND RUNS IN PASSENGER SERVICE OF 80 MILES OR LESS
When eight-within-nine hour rule applies and incidental service is permissible under the schedules or practices of individual roads, time consumed in such incidental or additional service and paid for separately, should not be included in calculating time under the eight-within-nine hour rule.
NOTE: In above examples allow five miles preparatory time and if inspection of engine is performed by engineer, allow 15 minutes more.
Engineers on other passenger runs shall be paid overtime on a speed basis of twenty (20) miles per hour, computed continuously from the time required to report for duty until released at the end of the last run. Overtime shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed, overtime shall not accrue until the expiration of five (5) hours from the time of first reporting for duty.
Overtime in all passenger service shall be paid for on a speed basis of 20 miles per hour, computed continuously from the time required to report for duty until released at end of run, on a minute basis, at one-fifth of the daily rate per hour according to class of engine used.
In all classes of service, other than passenger and switching, engineers' time will commence at the time they are required to report for duty and shall continue until the time the engine is placed on the designated track or they are relieved at terminal. All advance call time rules are superseded, and the management may designate the time for reporting for duty.
All engineers' arriving time will be taken from the roundhouse register and not from the conductor's register or train sheet, except when engines are taken by hostler, in which case conductor's register or train sheet will govern.
In all classes of service designated in Rule 3, 100 miles or less, eight hours or less (straight-away or turnaround) shall constitute a day's work; miles in excess of 100 will be paid for at the mileage rates provided, according to class of engine or other power used.
On runs of 100 miles, or less, overtime will begin at the expiration of eight hours; on runs of over 100 miles, overtime will begin when the time on duty exceeds the miles run divided by 12 ½.
Overtime shall be paid for on the minute basis, at an hourly rate of 3/16 of the daily rate, according to class of engine or other power used.
Engineers arriving at terminals or end of run are automatically released, except as provided in paragraphs (b) and (c) of this rule. Under this rule it is agreed that the Company will be allowed to run engineers to first siding out of regular terminal to pick up trains set out account of blocked yard, and run through terminal with same.
NOTE: Automatic release on arrival at a terminal does not apply to a work train. 'However, when an engineer runs a train of work equipment to the terminal at the end of his seniority district and is then required in an emergency to go beyond such terminal and off his seniority district as a work train, he is entitled to a new day beyond the terminal.
This will not prevent the assignment of engineers to a succession of short trips out of a terminal, provided that second or any succeeding trip shall leave the terminal within eight hours from the time called to leave designated track on first trip, or provided the actual miles run are less than 100, otherwise the additional run will be considered as commencing a new day. Engineers so assigned not to be run around by each other at their terminals. The term "assignment" as used in the foregoing, applies where there are 15 or more days' continuous service.
Engineers on regularly assigned turn-around runs, not including chain gang service, will be compensated on a straightaway basis in each direction (plus any other earnings, including arbitraries, provided under Schedule rules) when the mileage from the assigned point for going on duty to the turn-around point is 100 miles or more.
Engineers in pool or irregular freight service may be called to make short trips and turnarounds with the understanding that one or more turn-around trips may be started out of the same terminal and paid actual miles, with a minimum of 100 miles for the day, provided (1) that the mileage of all the trips does not exceed 100 miles; (2) that the distance run from the terminal to the turning point does not exceed 25 miles; (3) that engineers shall not be required to begin work on a succeeding trip out of the initial terminal after having been on duty eight consecutive hours, except as a new day, subject to the first in first out rule or practice.
Passenger engineers, required in emergencies to make a short trip in addition to regular trip, before commencing regular trip, will be paid for same at overtime rates, in addition to pay for regular trip. If used for any other than their own connecting train, it will be considered a new trip and paid for as such.
EXAMPLE: No. 43, Cut Bank to Whitefish, has engine failure at Columbia Falls. Engineer who was to handle train west of Whitefish goes to Columbia Falls and handles train through to Troy. Latter receives mileage or time Whitefish to Columbia Falls and return in addition to his regular mileage. Engineer who has engine failure receives mileage Cut Bank to Whitefish.
Engineers required to make short trips from a terminal to an outlying point and return, from an outlying point to a terminal and return, or from an intermediate point to another intermediate point and return, on account of engine failure, running for fuel or water, running for wrecking car or carmen, or on account of a derailment when such conditions arise in connection with their own train, will be paid therefor actual time or miles, whichever is the greater, at one-eighth of the daily rate, independent of and in addition to compensation for the regular road trip.
When an engineer is required to make a side or lapback trip between the terminals of his run, he will be paid therefor actual time or miles, whichever is the greater, at the pro-rata rate, independent of and in addition to compensation for the regular road trip. It is understood and agreed that overtime will be computed and paid for on the basis of the regular mileage of the trip, exclusive of miles made on the side or lap-back trip.
The foregoing paragraph will not apply where side trip or lap-back trip is made a part of a regular assignment, nor when trains run between the same terminals over an alternate route.
Engineers required to double their trains en route or assist another train will be paid miles or hours, whichever is the greater, with a minimum of one (1) hour, at pro rata rate, independent of and in addition to regular road trip.
When a regular assigned engineer in helper service between his terminals makes a side trip off his assigned district from an intermediate point in extra freight service, such side trip shall be paid for as a separate day account used in other service outside of assigned district.
On turn-around assignment, extra trip from turnaround point, when outside of assigned territory, is an additional day.
A chain gang engineer may be required to make a side trip as part of his regular assignment provided he is notified of such side trip when called; and the mileage of such side trip will be added to and made a part of the regular trip. But if notified to make such side trip after leaving initial terminal, such side trip will then be paid as provided in first paragraph of the rule.
Lap-back compensation will be computed from the point that the forward movement of the complete train is stopped, and from the time that the engine is cut off at that point for a movement in either forward or reverse direction and return, until the time the engine is again coupled up at the same point, less any time not directly connected with or attributable to the lap-back movement such as eating, station switching, etc.
Branch line runs will be guaranteed 3000 miles each mouth so assigned. Engineers held for assignment, and not used on same, will be paid for line miles of assignment, but not to be less than a minimum day for each day held, in addition to the 3000 mile monthly guarantee.
If engineers are notified before completion of the previous day or trip that their assignment will not be run, the daily line mileage guarantee of the assignment will not be allowed.
Engineers shall not be run off their respective branches to make up any deficit in the 3,000 miles monthly guarantee herein provided.
NOTE: Branch line guarantee is not applicable to branch line unassigned service when such unassigned service amounts to less than three trips per week. The assignment of a crew exclusively to branch line service, regardless of number of days assigned, or the operation of unassigned service on a branch line to the amount of three or more trips per week, requires the application of the minimum branch line guarantee for such branch line service, prorated on a monthly basis between employees performing service in the same manner used in prorating of regular and continuously assigned branch runs.
All arbitraries and/or special allowances must be computed and included in fulfilling the branch guarantee, as the miles paid for are aggregated to fill out the 3,000 miles monthly.
When necessary to run branch line engines light to and from repair points for the purpose of washout or repairs, continuous time or miles in addition to pay for trip will be allowed, both going and returning; detention rule to apply in passenger service at branch line junction points.
If engine is used to handle train or assist engines hauling more than regular tonnage, service between junction points and repair points will be considered as new trip and be paid as such.
Engineers handling circus or theatrical trains that stop to exhibit will be paid 12 hours or 150 miles for each move, including loading and unloading of circus. Miles run in excess of 150; hours in excess of 12 will be paid as per Rule 12 (b). If less than 16 hours is used in the last move, actual time will be paid as per Rule 12 (b), with a minimum of 100 miles. Engineers used in other service during the time circus is exhibiting shall be paid extra therefor, according to class of service performed. Engineers handling these trains that do not stop to exhibit between terminals will be paid at through freight rates.
Engineers on work trains will be paid as per Rules 1 and 12(b), and while assigned to such service, they are guaranteed a minimum of eight hours pay for each calendar day; except where the laws of any state, nation or country prohibit Sunday work, no service being performed, no time will be allowed.
EXAMPLE: 31 DAY MONTH
Work 20 days, make 120 miles per day 2400
Held for work service 5 days 500 miles
Worked 6 days, makes 125 miles per day 750 miles
Total allowance 3650 miles
If inspection of engine is performed by engineer 15 minutes more will be allowed at one-eighth of the daily rate per hour.
Engineers assigned to work service will not be thrown into pool for over Sunday or any other time simply for the purpose of avoiding the guarantee under work train rules.
Regularly assigned work trains may be annulled on the following holidays without payment to the engineer assigned or break in the continuity of the assignment:
New Year's Day, Washington's Birthday, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas. Should the holiday fall on Sunday, Monday will be observed as the holiday under this agreement. Should the holiday fall on Saturday, payment will be made for Saturday under the provisions of the rule.
Should a holiday fall on Thursday, and no service required or performed between Wednesday and the following Monday, and service is resumed on Monday, the continuity of the assignment will not be considered as broken.
A temporary work train crew may be set up to perform ditching service, say for 4 days one week, and then set up another crew the following week to load or unload rail and/or track material, as an example, without payment of the guarantee allowances under this rule. On the other hand, if there is 4 days consecutive ditching service to be performed during the 4 days preceding Saturday and Sunday, and there is another 4 days ditching service consecutively, commencing on Monday in the following week, the assignment should be bulletined when it is known there will be 10 days work, and the engineer assigned to the position should be paid the guarantee on the intervening Saturday and Sunday.
Accordingly, when it is known that work train service will be established for 10 days or more, such service will be bulletined in accordance with the governing schedule rules, and under the same procedure followed prior to the inauguration of the 5-day week for non-operating employees. However, when the work train service is less than 10 days, it is unnecessary to bulletin the job or make any guarantee payments under the respective guarantee rules.
(See Appendix I, , and Appendix N )
Engineers assigned to snow plow service will be paid at through freight rates for each calendar day held in readiness for use. While on duty in such service, they will be paid for time or mileage made at freight rates as per Rules 1 and 12 (b), and in addition thereto a sixty-four cent (64¢) per basic day differential will be added to the through freight or local way freight rate of pay when snow plow service is performed incidental to service for which either the through freight or local way freight rate is payable.
The above is applicable to engineers of engines pushing rotary, Russell and wedge plows, and snow dozers or Jordan spreaders being pushed or pulled in snow removal.
The sixty-four cent (64¢) per basic day difference payment does not apply to work trains used in clearing yards or station facilities of snow, handling gangs engaged in sloping snow cuts or moving snow fences, or when snow equipment not in service is being handled in a train.
Engineers running large snow plows that they cannot see over from engineer's seat will not be required to pull trains, except in case of emergency.
Engineers in helper service under this schedule are those handling engines which help passenger and freight trains on heavy grades where such helper service is regularly employed. Engines double-heading or helping trains in emergencies will not be considered helpers. Where engineers run first in first out on trains where helper engines are regularly employed, taking either train engine or helper as their turn comes around, they will be paid road rates.
NOTE: These examples are by way of illustration, and not by way of limitation.
Under the examples listed in Column (1) no guarantee would be payable to the extra list engineer. However, under the example listed in Column (2) the extra list engineer would be compensated 85 miles guarantee because 5 times 105 miles equals 525 miles, and he earned but 440 miles.
Where way freight trains are designated or specified and for any cause are not run, engineers of other trains that perform the work of way freight trains shall receive the way freight rate of pay; and provided no local service is performed by engineers of other trains, the first freight engineer departing from terminal after midnight will receive the local freight rate as per paragraph (b) of this rule. "Freight Engineer" will not include an engineer leaving terminal in work train or deadhead service.
Way freight rates will be allowed on the following runs:
421's extra east Kelly Lake or Virginia to Superior between the dates of November 15th and April 15th of each year.
(b) It is agreed that on main lines, way freight rates will apply six days per week in each direction. Main lines under this rule are as follows:
When main line way freight service is assigned to a regular engineer, such engineer will be paid at the way freight rate as assigned, whether run or not. Such payment of the regularly assigned engineer, whether or not service is performed, will constitute compliance with the requirement of number of days service per week, so far as the days of the assignment are concerned, and the first chain gang engineer after midnight will not claim the way freight rate for the same day and territory.
(c) It is agreed that a way freight train being "run as assigned" means run within twelve hours of its schedule or specified leaving time and that when not run within such time, providing it is physically possible to run any trains, the guarantee has not been fulfilled and an additional day is payable. It is understood the 12-hour period will end when the engine reaches the main track switch connection with the yard where the road trip begins.
Eight hours or less shall constitute a day's work in yard service.
Except when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off; or where exercising seniority rights from one assignment to another; or when extra men are required by schedule rules to be used, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on the minute basis at one and onehalf times the hourly rate, according to class of engine.
Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on a minute basis at one and one-half times the hourly rate.
In the application of this rule, the following shall govern:
Where it has been the practice or rule to pay a yard engine crew, or either member thereof, arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after the end of the regular assigned hours, such practice or rule is hereby eliminated, except where such allowances are for individual service, not properly within the scope of yard service.
Engineers shall be assigned for a fixed period of time, which shall be for the same hours daily for all regular members of a crew. So far as is practicable, assignments shall be restricted to eight hours work.
Regular yard engineers required to work sixteen hours will resume work when their rest period is up under the Federal Law, and then be permitted to work eight hours or paid therefor.
Regularly assigned yard crews shall have a fixed starting time, and the starting time of a crew will not be changed without at least 48 hours' advance notice. Practices as to handling of transfer crews are not affected by this section.
The sentence contained in paragraph (a) of this rule, reading "Practices as to handling of transfer crews are not affected by this section," is understood and agreed to mean that yard or transfer crews called or assigned under the provisions of Rule 28 may be used in combined yard and transfer service to the extent and under the limitations therein provided, without conflict with this rule.
Where three eight hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 A.M. and 8:00 A.M.; the second 2:30 P.M. and 4:00 P.M. and the third 10:30 P.M. and 12:00 midnight.
Where two shifts are worked in continuous service, the first shift can be started during any one of the periods named in Section (c).
Where two shifts are worked, not in continous service, the time for the first shift to begin work will be between the hours of 6:30 A.M. and 10:00 A.M., and the second not later than 10:30 P.M.
Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in paragraphs (c) or (e).
At points where only one yard crew is regularly employed, they can be started at any time, subject to sixteen hours advance notice.
Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour from periods above provided.
The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a unit, without regard to preparatory or individual duties.
Additional or extra switch engines may be started at any hour other than between 12:00 midnight and 6:30 A.M. An extra engine is understood to be one not regularly assigned, as provided in paragraph (a) of this rule, and not continued in service in excess of five days. An extra engine put on and continued in service for five consecutive calendar days thereby becomes a regular assignment if continued in service thereafter. Cessation of such service for a single day after the five consecutive days continuous service will not be considered a break in the continuity of such service. If the regular assignment thus set up is to be continued as a six day assignment, the assigned day off will be designated not later than the close of the fifth day's service. Extra engines automatically becoming regular assignments under this rule will thereupon be subject to all the provisions of paragraph (c), (d), (e), (f) and (g) of this rule.
Regularly assigned switch and transfer service per week, bulletined for either six or seven days service and will be paid the days of the assignment as bulletined, except that such assignments may be annulled on New Year's Day, Fourth of July, Thanksgiving Day and Christmas Day, without cancellation of the assignment and without payment for those days if no service is performed. When partial service is worked on such holidays, the senior engineer regularly assigned to that shift will be used. In yards where a five-day work week is in effect for yardmen, enginemen assigned must be assigned a minimum of six days per week. (See Appendix R, page 163.)
When regular yard or transfer assignments are cancelled or annulled, regularly assigned engineers thereon will be so notified prior to going off duty the last day before such cancellation or annulment becomes effective. If not so notified, they will be allowed a minimum day at the rate of pay of their assignment for the following day, and will not exercise seniority until the close of their assignment on such day.
NOTE: The following agreed examples illustrate application of rule 24 M :
Yard engineers will be allowed 20 minutes for lunch between four and one-half and six hours from time of starting work, without deduction in pay. Lunch period must be given and completed within the specified one and one-half hour period. If no lunch period has been permitted up to 5 hours, 40 minutes from starting time, employes are then entitled to stop work for twenty minutes at that time for such purpose. Engineers in yard and transfer service will not be required to work more than two hours overtime continuous with their regular shift without being allowed a second twenty minute period to eat.
The pay of yard engineers shall continue until they reach the point at which they start work and yard engineers shall have a designated place for going on and off duty. The point for going on and off duty will be governed by local conditions. In certain localities instructions will provide that yard engineers will report at the hump; other report at yard office; others at engine houses and ready tracks. It is not considered that the place to report will be confined to any definite number of feet, but that the designation will indicate a definite and recognized location.
Switch engineers' time will commence 15 minutes before engine is ordered to leave roundhouse track, or any other designated track, or at the time they begin work if they do not report at the time specified, and will end 15 minutes after delivery on designated roundhouse track; the 15 minutes being allowed for inspection of engine.
Where regularly assigned to perform service within switching limits, yard engineers shall not be used in road service when road crews are available, except in case of emergency. When yard engineers are used in road service under conditions just referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service.
A road engineer is available when rest is up and is subject to call.
NOTE: The following excerpt from interpretation No. 2 to Supplement No. 24 to General Order No. 27 of the Director General of Railroads is applicable to Rule 27.
QUESTION 21: How does Article XX(b) of Supplement 24 to General Order 27 apply in following examples:
DECISION: Under Article XX(b) yard engine crews regularly assigned to perform service within switching limits would be paid:
QUESTION 22. If yard crews who are regularly assigned to perform service within switching limits are used in road service when road crews are available, how shall they be paid?
DECISION: Except in cases of emergency, yard crews should not be used in road service when road crews are available, but whenever used in road service, yard crews should be paid for the service under provisions of Articie XX (b).
QUESTION 23. Article XX(b) reads in part: "Where regularly assigned to perform service within switching limits," etc., what is meaning of "regularly assigned"?
DECISION: Engine crews who may properly be called and used in service within switching limits for which yard rates are paid, shall be considered as "regularly assigned" under application of this rule.
QUESTION 24: What is the intent of the words "road service" as used in this section?
DECISION: Any service for which road rates are paid.
NOTE: Refer to Rule 31 (g) (1), Interpretation 2.
Transfer service is understood to mean the local hauling movement of trains of cars between two or more disconnected yards or sub-yards for further local handling by train yard or industrial switch engines. Train yard or industrial switch engines making trips in the performance of their switching work between yards, or yards and industries, will not be considered in transfer service. Yard rates to apply to belt and transfer service.
Transfer assignments, as now constituted, include such service between the following points:
Saint Paul: Between Como Yard or points East of Como Yard and Hamline, W. P. E. Shop Yard, Koppers Coke, or Fair Grounds, or points West thereof.
Como Yard and Omaha East St. Paul, Omaha Western Ave., Q Daytons Bluff Yard, Milwaukee Pigs Eye Yard, Great Western Belt Yard, or Great Western State St. Yard.
Union Yard or points West of Union Yard and Hamline, W. F. E. Shop Yard, Koppers Coke, or Fair Grounds, or points East thereof.
Minneapolis: Between Union Yard or points East of Union Yard, and Lyndale or Cedar Lake Yards.
Mp1s. Jct. or points East of Mpls. Jct. and Soo Line Shoreham Yard, N. P. Northtown Yard, or G. N. Fridley Yard.
Cedar Lake Yard or points East thereof and Hopkins.
Superior and Allouez: Superior or points west thereof and all points east of N. P. St. Louis Bay Bridge.
St. Cloud: St. Cloud and State Reformatory, Veterans' Hospital or Tileson Mill Spur; also Rockville for granite shipments to or from the granite companies.
Fargo: Fargo and Armour Packing Plant or Union Stockyards at West Fargo.
Spokane: Spokane and Hillyard, or Northern Pacific Yard.
Everett: Delta Yard and Lowell or Pacific Avenue.
Seattle: Interbay Yard and King St. or points South thereof.
Tacoma: Tacoma and Tacoma Municipal Railway, or Northern Pacific Yard, or Milwaukee Yard and Interchange.
Such transfer assignments will be paid as per schedule Rule 28 (a). If additional assignments are set up under paragraph (a) of this rule, between points other than those named herein, the limits of such assignments shall be negotiated as a supplement to paragraph (b) of this rule.
So far as the requirements of the service will permit, transfer work, as above defined, will be performed by employees regularly assigned thereto. If such transfer work requires temporary additional service, for which extra employees are called, such extra employees will be paid as per paragraph (c) of this rule.
If the transfer service on a transfer assignment, or on a call of an extra crew for transfer service, is insufficient to fill a minimum day's work, such assignment may be filled out with switching service, provided that payment for service on each day so used, other than on the assignment at Saint Cloud, (1) shall be on the basis of yard or road rate, whichever is higher; (2) that such combined service shall be subject to schedule Rule 24, yard starting time rule; (3) that such combined service shall be subject to schedule Rule 26, time commences and ends. If used in such combined service on the transfer assignment at Saint Cloud, payment for service on each day so used, (1) shall be on the basis of yard rate; (2) that such combined service shall be subject to schedule Rule 12 (a), beginning and end of day; (3) that on days on which such combined service is performed, there shall be added an arbitrary allowance of one hour at time and one-half rate in addition to regular yard allowances, as above provided, and without deduction therefrom. If an engineer regularly assigned in or called for extra switching service is required to perform transfer service within the yard limits in which assigned, he will be paid for combined service in like manner. If used in transfer service outside of the yard limits in which assigned, he will be paid as provided by schedule Rule 27. This is without prejudice to proper application of schedule Rule 27 in road service other than the transfer service herein provided.
The terms of the special agreement dated March 17, 1941, regarding engineers assigned to New Westminster yard engines are hereby reaffirmed, see Appendix H, page 116.
Yard and transfer engineers required to change engines after departing from the designated Point for going on duty and prior to returning to the designated point for going off duty, for the purpose of moving the engine to the roundhouse or servicing point for routine repairs, wash-out, monthly or periodical inspection, will be allowed a 30-minute arbitrary at 1/8th of the daily rate, based on the weight on drivers of the largest engine handled on that tour of duty in addition to all other payments. No additional allowance will be paid under this rule when engines are changed because of mechanical failures, break-downs, and conditions wherein the motive power on that particular tour of duty cannot complete the shift. Neither will the additional allowance provided herein apply when it is necessary to change engines on account of operating characteristics, including track curvature, light rail, bridges of restricted tonnage, improper clearance, and so forth.
The following questions and answers will illustrate the intent of the application of this rule:
NOTE: See Appendix "T" for agreement governing compensation to engineers changing engines en route in Road Service.
Engineers in Passenger service will be paid 5 miles at schedule rates for preparing engine before leaving engine terminals, provided time of trip is computed in hours.
Engineers in freight and Passenger service will be allowed 15 minutes for inspecting engines after arriving on designated track. Payments under this rule at oneeight of the daily rate per hour. Arriving time on designated track to be shown on timeslips and roundhouse register. Final terminal delay will also stop at this time. (Effective October 16, 1955)
When road engineers are required to perform switching service or turn their trains on wye before commencing or after the end of any run, payment will be as follows: If trip is computed in miles, actual time so engaged on the minute basis at the rate of one-eighth of the daily rate in addition to pay for trip; if trip is computed in hours, such time will be paid for in freight service as per Rule 12(b); if in passenger service, as per Rule 11(d), (e).
A passenger train routed to its final terminal station or point of release by a roundabout route does not thereby perform service payable under this rule, as such move was not performed, "after the end of the run". Any additional mileage thereby run should be added to the usual direct route mileage between initial and final terminals.
When a freight train is coupled up and ready to go, its movement, either in whole or in part, by road engine to "warm up" the train is not terminal switching within the meaning of the rule.
Arbitrary for terminal switching is not allowable in work train service.
When passenger engineers are required to perform switching service not connected with their own trains at turn-around points, allowance will be as follows: If trip is computed in miles, actual time so engaged on the minute basis at the rate of one-eighth of the daily rate in addition to pay for trip; if trip is computed in hours, as per Rule 11 (d), (e).
Passenger engineers who take a train out of a terminal without being properly switched and are required to switch same in station order for the distant terminal or points beyond shall be compensated for such service on the basis of terminal time in addition to pay for the trip.
EXAMPLES - FREIGHT SERVICE ONLY
NOTE: In calculating the time engaged in switching under the rules, regulations or practices which are retained, it is understood that the time will be continuous from time the work is begun and until it is completed and the train is coupled together.
Reference is made to Twin City Switching Agreement effective July 1st, 1930 (see Appendix D), Coast Line Switching Agreement effective May 1st, 1938 (see Appendix E), and Portland-Vancouver Switching Agreement effective May ist, 1938 (see Appendix F), which are hereby reaffirmed.
Engineers in passenger service detained at terminals for more than one hour before starting any trip will be paid for all time in excess of 30 minutes on the basis of one-fifth of the daily rate in addition to pay for trip, provided trip is computed in miles; if trip is computed in hours, it will be paid for as per Rule 11 (d), (e).
(b) Should a freight train be stopped, after passing the switching limits for any cause, other than those connected with such train, final terminal delay will be computed continuously until arrival of engine on designated release track.
(c) Should a passenger train be stopped after passing the switching limits for any cause other than those connected with such train, final terminal delay will be computed continuously until arrival of engine on designated release track or such other point where crew is released from duty.
(d) Final terminal delay is computed for freight trains from the time train is first stopped after passing the switching limits for any cause, other than those connected with such train; or for passenger train when it is first stopped after passing the switching limits for any cause other than those connected with such train, until release of crew at roundhouse or other designated track, not including any time otherwise paid for as an arbitrary such as switching or hostling. If this total unpaid elapsed time is in excess of thirty minutes, the entire time will be paid for at pro rata rate on the minute basis, unless road overtime has commenced, in which case road overtime rate will apply. If the total unpaid elapsed time is thirty minutes or less, no payment shall be made therefor.
Road engineers may claim pay for time under either the terminal switching rule 30(a), the terminal delay rule 31 or the terminal hostling rule 36 where work is performed coming under more than one of these rules, but payment will only be made under one of such rules for the same time or service. The purpose being to allow payment under whichever rule will produce the greater compensation for the total lapsed time consumed in any combined service without duplicate payment being made for the same time or service under these rules.
(e) If road overtime has commenced, terminal overtime shall not apply and road overtime will be paid to point of final release.
(f) When final terminal delay accrues, mileage between designated points and point of release will not be allowed. When final terminal delay does not accrue actual mileage will be allowed from designated switch or passenger station to point of release, and will be added to the actual mileage of the trip. Less than one mile not to be counted, this applies to both passenger and freight service.
Time of final release means when engine is delivered on designated track unless crew Is released before reachIng such point.NOTE: Above based on 12½ miles per hour in freight service and 20 miles per hour in passenger service and rate as per class of engine.
(g) (1) Initial terminal delay shall be paid on a minute basis to engineers in through freight service after one (1) hour and fifteen (15) minutes' unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal at one-eighth (1/8th)of the basic daily rate, according to the class of engine used, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time, under this rule.
NOTE: The phrase "train leaves the terminal"' means when the train actually starts on its road trip from the yard track where the train is first made up.
(a) Engineers of passenger engines at St. Paul, Sioux City, Grand Forks, Duluth, Seattle, Spokane, Great Falls and Billings, where they handle engines from roundhouse to passenger station, will be paid actual time or miles for such work, computing from the time they leave the designated roundhouse track, or if detained, their time will commence at the expiration of 15 minutes after the engineer was due to leave designated roundhouse track and will end when engine arrives at station. Time paid for under this rule should not be included in calculating overtime, in other words, should not be paid for twice.
(b) At terminals on the System, where road locomotives are run through, and engineers are assigned to report for service and tie up at a designated point other than the roundhouse, such as passenger station, yard office, etc.-
When such engineers are required to handle the locomotive between the designated on-duty or tie-up point and the roundhouse, either one way or in both directions, they will be paid for such service on an actual time basis computed at 12 ½ miles per hour, with a minimum of 15 miles, at the through freight rate of pay for the largest locomotive handled, in addition to other trip allowances, except that if initial or final terminal delay accrues, the time actually consumed in changing locomotives will be deducted therefrom.
Time will be computed from the time the locomotive is uncoupled from the train until delivered to the designated track at the roundhouse, or vice versa. If locomotives are handled in both directions by the same engineer, time will be computed from the time inbound locomotive is uncoupled from the train until the outbound locomotive is coupled to the train.
Road mileage between the designated point and the roundhouse will not be paid.
When it is desired to have passenger engineers furnish steam for heating or lighting trains, they will be required to be on their trains not less than 50 minutes in advance of leaving time, and will be paid for all time they are there in excess of 20 minutes before leaving time.
When engineers are required by proper authority to continue use of their engine after arrival at their final terminal for the purpose of thawing out passenger equipment, to participate in repairs to bad-order cars, or to water or supply shipments of emigrant movables or livestock, they will be paid therefor at pro rata rate for actual time thus engaged, on the minute basis, in addition to pay for the trip, if trip is computed in miles. If final terminal delay, including such service, amounts to more than 30 minutes, entire period will be paid for as final terminal delay and no special payment in addition thereto will accrue.
In case engineers are required to perform work on their engines before or after trips, they shall be paid for actual time so occupied at schedule rate. This not to apply to the usual work required of engineers having assigned engines, or otherwise covered in this schedule.
At main line terminals, where hostlers are employed, their duty will be to see that fires are cleaned and coal, water and sand put on engines. At ends of runs where the work is done by engineers they will be paid for actual time consumed in doing the work at schedule rate, provided that in no case will less than 5 miles be allowed for this service. If time consumed exceeds 24 minutes actual time to be paid on the basis of one-eighth of their daily rate per hour according to class of engine. Engineers will receive their engines from hostlers on the roundhouse lead or other place designated by the division Master Mechanic or Superintendent, and at the expiration of runs will deliver them on the roundhouse lead or other designated track. When it is necessary at points at which hostlers are employed for engineers to take coal and water at end of run on account of coal chutes and water tanks being located on main line, they will do so and will be paid for the service as above.
This rule will apply at end of runs where engineers are changed and engines run through.
When road engineers are required to cut off their engines from the train for the purpose of servicing at terminals, either at the beginning of their trip or completion thereof. They will receive compensation on the basis of actual time consumed in doing the work at the regular rate of their service trip, provided that in no case will less than five miles be allowed for this service.
It is understood that this allowance will apply whether or not the engineer actually performs any of the servicing of the engine. If the engineer actually performs any of the servicing of the engine, the time consumed in cutting off the engine will be included in and added to the time actually consumed servicing or hostling, computed on a continuous time basis with a minimum of five miles. This allowance to apply to but one engineer at a terminal.
(b) At points where hostlers are not employed, the hostling will be performed by engineers, and engineers will be held responsible for properly preparing the engine for storage.
NOTE: Arbitrary for hostling is allowable in work train service. Such hostling arbitrary is on pro rata basis and not on overtime basis, as it would be if paid for as time continuous with the work train service.
Hostling of an engine is primarily the preparation supplying of such an engine, either for entrance upon trip or shift at the Initial terminal, or for its storage maintenance during the time it is tied up at the final terminal. At the initial terminal, such prepatory work may include, for example, bringing the engine out of the roundhouse, placing upon it the fuel, water or sand necessary to its service, and its placement upon the designated track for delivery to the outgoing crew. At the final terminal, work preparatory to tie-up may include"dumping of the fire, movement of the engine from the designated track to the appropriate stall in the roundhouse or equivalent track, or, if the engine is to be held under steam, it may be necessary to supply it with additional fuel or water for that purpose. Such work, or any of it, so long as it is preparatory to work or tie-up, is hostling. However, the mere taking of fuel or water at a terminal does not, in itself constitute hostling; for an engine might be hostled and entirely ready for service, and yet additional fuel or water might be necessitated at the same terminal, before the run or shift was completed, due to subsequent delays in departure or the performance of the regular work of the road or yard crew. The securing of such additional supplies is not hostling, so long as the engine was properly supplied when the run or shift started. However, the taking on of necessary supplies cannot be removed from the hostling classification by the mere requirement of movement of the engine a few hundred feet, or the performance of a switching movement before such supplies are taken on. Officers and employees should be guided by the principle that hostling is a preparatory service, and that it necessitates the actual expenditure of some time therein. No engine can be properly hostled in five minutes, and claiming of the 24-minute arbitrary for such short periods of time is evidence that the claim is based upon a technicality of wording and not upon an actual performance of work.
It is agreed that Rule 36 applies to all types of locomotives, and when hostling is performed it will be paid under this rule.
It is understood at points where engine watchmen are on duty, no hostling allowance will be made unless the engineer is required to furnish fuel oil, water and sand to the locomotive.
The checking of the supply of fuel oil, lubricating oil, water and sand does not constitute hostling as such checking of supplies is covered by Rule 2 9 (a) and (b).
The taking of fuel oil or water at points intermediate to the tie-up points will not constitute hostling.
(a) Engineers in pool freight and in unassigned service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed. If held sixteen hours after the expiration of the first twenty-four hour period, they will be paid continuous time for the time so held during the next succeeding eight hours, or until the end of the second twenty-four hour period, and similarly for each twenty-four hour period thereafter.
(b) Should an engineer be called for service or ordered to deadhead after pay begins, the held-away from-home-terminal time shall cease at the time pay begins for such service or, when deadheading, at the time the train leaves the terminal, except that in no event shall there be duplication of payment for deadhead time and held-away-from-home-terminal time.
(c) Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent service or deadheading.
(d) For the purpose of applying this rule, the railroad will designate a home terminal for each crew in pool freight and in unassigned service.
Held 8 hours beyond 16-hour period. Allowance 100 miles.
NOTE: In above example if no switching was performed at initial terminal allowance would be 116 miles.
The General Chairman of the B. of L. E. will be advised of intention of change in any of those designated and given an audience if desired prior to making change.
Under this rule when an engineer is paid any compensation under the provisions of Rule No. 38, the continuity of the held-away-from-home-terminal time will thereby be broken.
Engineers called will, if train for which they are called is abandoned before the expiration of 4 hours, receive one-half day's pay and stand first out, but if train is not abandoned before the expiration of 4 hours, they will receive one day's pay and stand last out.
If abandoned before leaving roundhouse track, engineer will be paid 4 hours pay and stand first out. If abandoned after leaving roundhouse track they will be paid minimum day and stand last out.
(a) When engineers are held from their runs or service, their pay until their return to their runs or service shall not be less than it would have been had such interruption to their regular work not occurred.
(b) Engineers losing time because their regularly assigned run does not operate, and perform no other service, and who do not receive compensation under other schedule rules, will be allowed 100 miles at the regular rate of pay of the assignment, irrespective of whether at the home terminal or distant terminal of such run. This rule will not apply to branch line runs governed by current Engineers' Rule 16.
NOTE: It is understood that this rule does not apply to engineers holding a regular turn in chain gang service or on the Engineers' extra list.
Engineers held awaiting delivery or preparing engines for service from shops will be paid schedule rates for each calendar day or fraction thereof so held after the first 24 hours. When engines are held for repairs, engineers will not be held with them.
Engineers acting as messengers in charge of dead engines will receive similar allowance for time held when set out at terminals.
When steam locomotives are towed under steam, or when Diesel locomotives are towed with motors idling and with controls cut out, an engineer will be used thereon and paid the thru freight rate for class of engine handled under freight service rules.
Engineers deadheading on company's business will be paid miles or hours, whichever is the greater, at rate for service from which they are taken, provided that a minimum day will be paid for the deadhead trip if no other service is performed within 24 hours from time called to deadhead. Company's business will include engineers deadheading to relieve men who lay off or are granted leaves of absence.
Deadhead time will not be allowed to engineers who are deadheaded to outlying points to relieve engineers who have made the monthly mileage as provided for in Rule 69 or to the engineers so relieved.
Extra passenger engineers will be paid minimum passenger rates, extra freight engineers minimum through freight rate.
Extra engineers holding regular engineer's run will be considered regular engineers under this rule.
Engineers changing at their own request or on account of seniority will receive no deadhead time.
When a vacancy occurs that requires the senior available demoted engineer be deadheaded to an outlying point, said senior available demoted engineer will be paid deadheading both to and from such outlying point.
Engineers deadheading is on a basis of actual miles or hours, whichever is the greater, and should be figured separately from service trips and not combined to absorb mileage.
When an engineer is required on a specific date to take examination, relief man deadheading to relieve him must be paid for such deadheading.
An extra list engineer will receive the same rates of pay and working conditions as the regular engineer he is relieving, beginning at the time he starts deadheading.
When two engineers are called for the same time, one to deadhead and the other to handle train, first mad-out shall be deadheaded, unless other arrangements are agreed upon between Master Mechanic or Superintendent, and representative of the Brotherhood of Locomotive Engineers.
EXAMPLES COVERING PAYMENT FOR DEADHEADING
NOTE: Fourth example, actual employees called for such relief will be entitled to deadheading both directions. If such relief employee is displaced by a senior before relief is finished, relief employee first called still receives the deadheading both directions and the employee displacing on seniority receives no deadheading either direction, regardless of his eventual release being due to return of employee on leave of absence.
When engineers are called to deadhead out of terminal to bring in train tied up under the law, they will be paid miles or hours, whichever is the greater, for the entire trip with a minimum allowance of 100 miles.
Engineers will not be deadheaded on freight trains from one terminal to another when it can be avoided.
Engineers deadheading on street cars from St. Paul to Minneapolis, or vice versa, on company business, will be allowed 15 miles.
Engineers arriving at Allouez with trains, who ate required to take another engine to Superior will be allowed 7 miles for deadheading from Superior to Allouez on street cars.
NOTE: See Appendix "L-1" for deadheading in connection with vacation relief.
Regularly assigned engineers held from their assignment to attend court or inquest at the request of the Company will be allowed one day at their regular rate for each day so held, but not less than the earnings of their assignment for the total period so held from it. Engineers not holding any assignment and attending court or inquest at request of the Company, or regularly assigned engineers so attending in addition to performing all service on their assignment, will be allowed one day at regular rate of pay for each day such court service is required, and without deduction from any other compensation earned. If attendance at court or Inquest is requested by the Company during their regular hours of service in lieu of such regular service, no additional payment will be allowed. Any court or witness fees received will be assigned to the Company. If required to leave their home point, necessary actual expenses will be allowed.
Compensation to engineers making statements to claim agents, giving depositions or other analogous service, will be allowed as follows:
Engineers who perform any of the services contemplated in Rule 42(a) continuous with their trip, or started not to exceed one (1) hour after the completion of their trip or begun not to exceed one (1) hour in advance of starting time, will be allowed continuous time on the basis of combined service and investigation time, with a minimum of one (1) hour or the equivalent.
If called for any of the purposes covered by Rules 42(a) or 42(b) during the service period, no additional compensation will be allowed.
If called for any of the purposes covered by Rule 42 (a) other than in accordance with the preceding paragraphs of Rule 42(b), actual time not to exceed one (1) day will be allowed at the rate of the class of service previously engaged in, with a minimum of two (2) hours for each calendar day such service is performed.
It is understood that claim agents may call on engineers at their residences to secure statements or depositions without payment of compensation allowances herein provided.
NOTE: The above provisions will apply when attending investigations under Rule 77 when not at fault. The provisions of Rule 42(b) will not, in any manner modify the allowances otherwise provided for in Rule 42 (a).
Engineers when tied up between terminals prior to the expiration of the 14-hour period will go automatically on duty after 8 hours rest and shall be paid not less than the minimum day for each leg of the trip, and as much more as they would earn under the schedule rules. Engineers to be advised before leaving terminal whether called for a turnaround or a straightaway trip, and the trip must be completed as originally called.
Engineers when tied up between terminals in obedience to the foregoing paragraph, then towed or deadheaded to terminal, will be paid time or miles, whichever is the greater, for such tow or deadhead trip.
An engineer tied up between terminals on order of the dispatcher but again called in less than eight hours is on continuous time.
This interpretation will not apply to engineers tied up en route on account of the Hours of Service Law, as referred to in Appendix A, Article 1.
(a) Road engineers' compensation will be continuous when tied up between their terminals except at points where food and lodging can be procured.
(b) If there are accommodations, engineers and firemen will divide the time between them, and will each be paid for the actual time he was in service caring for the engines. This not to apply in cases of trains being tied up under the Federal hours of service law.
Engineers in train service tied up under the law will be paid continuous time from initial Point to tie-up point. When they resume duty on continuous trip they will be paid from tie-up point to terminal on the following basis: For 50 miles or less, or 4 hours or less, half day's pay; for more than 50 miles, or more than 4 hours, actual miles or hours, whichever is the greater, with a minimum of 1 day.
It is understood that this does not permit running engineers through terminals or around other crews at terminals.
Road crews tied up for rest under the law and then towed or deadheaded into terminals, with or without engine or caboose, will be paid miles or hours, whichever is the greater, from tie-up point to the next tie-up point, or to the terminal.
NOTE: Road engineers tied up under the law will be governed by the conditions of the Chicago Agreement of April 1, 1908, shown herein as Appendix "A", and by this reference made a part of this agreement.
When engineers are delayed between terminals on account of wrecks, washouts or snow blockades, they shall be paid for the first eight hours so held, in addition to time or miles made that day, and for each succeeding day will be allowed not less than 100 miles at the rate per class of engine.
Engineers who are delayed between terminals for reasons above outlined will be compensated for all time so held up to eight (8) hours, separate and independent of trip mileage. If so delayed one hour or less, no additional compensation will be allowed.
When engineers are run around at their own request, or for their own convenience, or when they cannot be found, they will not be paid for time lost, and stand last out.
When not called in turn, through no fault of their own, they will be paid 100 miles for being run around, and will stand last out.
When called in turn but not sent out in turn, through no fault of their own, Engineers runaround will be paid 25 miles for each runaround in addition to pay for trip.
In case of wreck call, necessitating the immediate use of the wrecker, the first available engineer may be used, in which event the engineers who are run around will not be allowed compensation therefor.
Engineers will at all times be given an opportunity for proper rest after performance of service and prior to commencing a new tour of duty. They may specify the amount of rest required on the register at the completion of their tour of duty, the amount of rest required to be 8, 10 or 12 hours.
It is understood that an engineer booking rest will not be called until the expiration of the prescribed number of hours so booked.
NOTE: The term "after performance of service" does not include deadheading when the deadhead trip is of less than 6 hours duration and the engineer was on full rest prior to commencing the deadhead trip. Should the deadhead trip consume more than 6 hours, the engineer shall be privileged to specify the rest required as provided above. If an engineer is deadheaded to an outlying point and is to be used before the expiration of a minimum legal rest period, he must be advised upon arrival as to a definite calling time; otherwise he will be considered as under pay after the expiration of 3 hours. It is understood that if advised that he will be given a minimum legal rest period, no payment will accrue under this rule. The application of this other schedule rule.
Engineers will be allowed to eat, as nearly as possible at the expiration of every six hours, provided they notify the train dispatcher, and if they do not absent themselves from their engines over thirty minutes, they will receive continuous time. Passenger, symbols, stock and fruit trains not to be delayed. This does not apply to slow freight trains run under symbol numbers.
Engineers who do not stop between terminals to eat will not be required to do any switching on arrival at terminal except to put away caboose, without first being allowed time to eat. When switching is required, the outgoing crew, whenever possible, shall do it.
Engineers assigned to regular runs with day layover away from home terminals will be notified in writing required for service on their layover day. If no notice is received, may absent themselves until time for the regular run.
If notified and not used, will be paid a minimum day.
Engineers will be paid time or mileage for detouring trains over other divisions or foreign roads.
When assigned passenger trains are detoured over route adjacent to the regular route or over a foreign railroad, such service will be manned by the engineer assigned to the districts over which the detoured train normally operates. Such engineers shall continue the on until the detoured train movements have been completed.
In the event such detoured train is double crewed from the initial terminal of the district from which the detour movement started, such service will be manned under the provisions of Engineers' Schedule Rule 74(m). If return detour service is required, such engineers will deadheaded to their home terminal with no penalty claim for other engineers, except that such engineers may changed off with the engineers on opposing detour passenger trains at meeting points along route of detour thus returning in service to their initial terminal.
In case it is necessary to furnish the second engine for such double crewed detour service en route, such engineer will be drawn from the nearest source and p form service as provided under Schedule Rule 74 (m), and may be used in return detour service or deadhead to the home terminal, as provided in the preceding paragraph.
When there are no rested chain gang engineers available for double crewing detoured passenger trains, qualified extra-list engineers will be called in their turn.
When two or more engineers, either chain gang extra list, are deadheaded to the source of supply fr the end of detour movement, on the same train, th will be placed at the foot of their respective lists in the same relative turn that they stood when called for t last detour movement made before deadheading to the source of supply.
At terminals where extra passenger lists are maintained, the available, extra passenger list engineer w be used to double crew detoured passenger trains.
The same eating and sleeping accommodations will available to engineers in this service as are provided for passengers on said trains. Dining car service to be paid for by the engineers at the on-duty train-service employees' rate.
This will not prevent the local Division Company Officers and the local representatives of the B. of L. E. from making agreements to cover any unusual condition resulting from an individual detour movement.
When freight or unassigned service is detoured over a route adjacent to the regular route, or over a foreign railroad, such service will be manned by the engineers assigned thereto on the districts over which the detoured trains normally operate. Such engineers will continue thereon until the detoured train movements have been completed.
If no return detour service is required, such engineer will be deadheaded to his home terminal with no penalty claim for other engineers, except that such engineer or engineers may be changed off with the engineer or engineers on an opposing detour train at meeting point along route of detour, thus returning in service to their Initial terminal.
When two or more engineers, either chain gang or extra list, are deadheaded to the source of supply from the end of detour movement, on the same train, they will be placed at the foot of their respective lists in the same relative turn that they stood when called for the last detour movement made before deadheading to the source of supply.
When these trains are double crewed, the carrier will provide either a caboose or a coach equipped with proper bedding for sleeping accommodations.
This will not prevent the local Division Company Officers and the local representatives of the B. of L. E. from making agreements to cover any unusual condition resulting from an individual detour movement.
Engineers in detour service tied up between the points of detour will go automatically under pay at the expiration of eight hours. Payment accruing under this Rule shall be paid for on a minute basis separate and apart from pay for the subsequent service or deadheading.
Engineers handling detoured trains over routes on which they hold no seniority will be furnished a pilot.
Engineers will not be run off their own division, except in extreme emergencies, in which event they will receive not less than 100 miles for each calendar day held.
Provided such engineer is deadheaded back to his own division out of his turn, engineers run around not to claim time.
Engineers regularly promoted or hired shall rank on the engineers' roster from the date they are assigned to service as engineers. No man will be regularly promoted, or permitted to establish a seniority date as an engineer while there are engineers demoted or hired engineers laid off.
If for any reason senior eligible man is not available and a junior qualified man is promoted and used in actual service, out of his turn, whatever standing the junior man so used establishes shall go to the credit of the senior eligible man.
As soon as the senior man is available he shall displace the junior man, who shall drop back into whatever place he would have held had the senior man been available and the junior man not used.
In filling positions of locomotive engineers, the ratio between those hired and those promoted shall, as nearly as possible, be as follows:
On seniority districts where men are required to fire less than three years, all engineers will be hired.
If required to fire three years and less than four years, one promoted and one hired.
If required to fire four years and less than five years, two promoted to one hired.
If required to fire five years and less than six years, three promoted to one hired.
If required to fire six years and less than seven years, four promoted to one hired.
If required to fire seven years and less than eight years, five promoted to one hired.
On seniority districts where men are required to fire eight years or more, all engineers will be promoted.
On any seniority district where the next engineer is to be hired the General Chairman of the Brotherhood of Locomotive Engineers will be so advised.
Engineers who have remained in the service ninety days will be considered permanently employed and shall not be dismissed account of unsatisfactory references, the 90 days to begin on date of the first pay trip as an engineer.
When requested in writing, service letters will be furnished engineers within ten days from date of leaving service.
Engineers will be permitted to see their own personal records in Superintendent's office.
When new lines are built by the Great Northern Railway, the work train service will be supplied by engineer from the division which will afterwards be affected b the divisions of traffic; and when lines constructed under contract are turned over to the Great Northern Railway for operation the Local Chairman from the division thus affected and General Chairman in conference with officials, will determine an assignment of engineers to the new territory.
Will consist of Superior and Mesabi Divisions an will be divided into districts as follows:
FIRST DISTRICT: Duluth to Coon Creek Junction and branches.
SECOND DISTRICT: Duluth to Cass Lake and branches.
It is understood that the First Division engineers have the right to move their trains over Terminals Division tracks east of Coon Creek Junction.
Will consist of Terminals Division, St. Cloud Division and Willmar Division and will be divided into districts as follows:
ST. CLOUD DIVISION: First District: St. Paul to St. Cloud and branches.
SECOND DISTRICT: St. Cloud to Barnesville and branches.
WILLMAR DIVISION: First District: St. Paul to Willmar and branches.
SECOND DISTRICT: Willmar to Breckenridge and branches, except Aberdeen and Elbow Lake.
It is understood that Second Division Engineers have the right to move their trains between Brook Park and Sandstone.
Second Division engineers moving their trains between Barnesville and Fargo: Adjustment will be made by equalization of miles between Fifth Division and Second Division engineers. Management will furnish the Fifth Division and Second Division engineers with check of the freight mileage accumulated each year commencing May 6, 1928.
Will consist of Sioux City Division, viz., Willmar to Sioux City and branches, including Yankton line and will be divided into districts, as follows:
FIRST DISTRICT: Willmar to Sioux City and branches.
SECOND DISTRICT: Garretson to Yankton and branches.
THIRD DISTRICT: Watertown and Sioux Falls Line and branches.
Will consist of the Breckenridge Division and will be divided into districts as follows:
FIRST DISTRICT: Breckenridge to Nolan and branches.
SECOND DISTRICT: Fargo to New Rockford and branches.
THIRD DISTRICT: Tenth Subdivision Junction to Aberdeen and branches.
FOURTH DISTRICT: Tintah to Evansville and branches.
(Authority for abandonment of the remaining trackage on this line-Evansville to Elbow Lake-authorized by I.C.C. in Finance Docket No. 19763 effective August 15, 1957.)
*Revised 10-1-57 (File E-45 (p)).
Engineers assigned to Fourth Division will have the right to handle their trains over the track of the Second Division between Tintah and Breckenridge.
Will consist of the Northern and Dakota Divisions and will be divided into districts as follows:
FIRST DISTRICT: Cass Lake to Grand Forks and branches.
SECOND DISTRICT: Barnesville to Noyes and branches.
DISTRICT THIRD DISTRICT: Barnesville to P. A. Tower and branches.
FOURTH DISTRICT: Breckenridge to Crookston and branches.
FIFTH DISTRICT: Grand Forks to Devils Lake and branches.
SIXTH DISTRICT: Farmers Grain and Shipping Company.
(See Appendix J. page 123.)
Will consist of the Minot Division and will be divided into districts as follows:
FIRST DISTRICT: New Rockford to Minot and branches.
SECOND DISTRICT: Devils Lake to Minot and branches.
THIRD DISTRICT: Minot to Williston and branches.
Will consist of the Montana Division and will be divided into districts as follows:
FIRST DISTRICT: Williston to Glasgow and branches.
SECOND DISTRICT: Glasgow to Havre and branches.
THIRD DISTRICT: Havre to Cut Bank and branches.
Montana Division engineers prior to December 1st, 1909, will continue to hold rights on the First and Fourth Districts of the Butte Division.
Will consist of the Butte Division and will be divided into districts as follows:
FIRST DISTRICT: Pacific Junction to Great Falls and branches.
SECOND DISTRICT: Great Falls to Butte and branches.
THIRD DISTRICT: Great Falls to Billings and branches.
FOURTH DISTRICT: West- Side Junction to Sweet Grass and branches.
Engineers who hold rights on the Butte Division prior to December 1, 1909, will continue to hold rights on the second and third districts of Butte Division.
Engineers who hold rights on the Butte Division after December 1, 1909, will continue to hold rights on first, second, third and fourth districts of the Butte Division.
Will consist of the Kalispell Division between Cut Bank and Troy and will be divided into districts as follows:
FIRST DISTRICT: Cut Bank to Whitefish and branches.
SECOND DISTRICT: Whitefish to Troy and branches.
Will consist of the Spokane Division between Troy and Wenatchee and will be divided into districts as follows:
FIRST DISTRICT: Troy to Hillyard and branches.
SECOND DISTRICT: Hillyard to Wenatchee and branches.
DISTRICT THIRD DISTRICT: S. C. & P. Railway "B" (See Appendix K, page 126.)
Will consist of the Cascade Division between Wenatchee and Portland and Everett and Vancouver, B. C., and branches and will be divided into districts as follows:
FIRST DISTRICT: Wenatchee to Everett and branches.
SECOND DISTRICT: Everett to Seattle and branches.
THIRD DISTRICT: Everett to Vancouver B. C. and branches.
FOURTH DISTRICT: Seattle to Portland and branches.
FIFTH DISTRICT: Pacific Coast R. R. Co. (See Appendix P, page 157.)
Engineers holding rights Cut Bank to Spokane an branches, also those holding rights Spokane to Seattle and Everett to Vancouver, B. C., and branches, prior t August 1, 1907, will thereafter continue to hold rights over the same territory.
Engineers holding rights on the Kalispell, Spokane an Cascade Divisions after August 1, 1907, commencing with the oldest on the seniority list, and each one thereafter down the list will elect the division with which he desired to take service and so signify in writing on list which will be prepared for that purpose by the management.
Will consist of the Marcus Division between Dean Hedley and branches and Kettle Falls and Nelson branches and will be divided into districts as follows:
FIRST DISTRICT: Dean to Kettle Falls and branches.
SECOND DISTRICT: Kettle Falls to Hedley and branches, Kettle Falls to Nelson and branches.
Engineers on Marcus Division will have the rig handle their trains between Dean and Spokane.
Will consist of Klamath Division between Bend and Bieber and branches and will be divided into districts as follows:
FIRST DISTRICT: Bend to Klamath Fall branches.
SECOND DISTRICT: Klamath Falls to Bieber and branches.
It new trains are put on between Duluth and Willmar or between Duluth and St. Paul by way of Fergus Fall Division, the rights of engineers to such runs will b determined by track mileage of such trains.
List of engineers will be kept in the records of the company showing the age of the men and the different classes of service, and transfers from yard to road service and vice versa, and these lists will be checked and corrected annually by the company's officers and committee representing the Brotherhood of Locomotive Engineers Local Chairmen of the B. of L. E. will be furnished two copies of such list.
When a date has been established for an engineer it shall be posted and, if not challenged in writing within sixty days from the date posted, no protest against such date will be entertained.
In case of a dispute between engineers as to their correct seniority date, after the original sixty-day protest period has expired, and all engineers affected agree in writing on the correct dates, their names will be placed on the seniority list with such corrected dates.
Engineers who have been three years in the company service, and who accept official positions in the company service, or who shall be employed by the Brotherhood of Locomotive Engineers with the company's approval shall retain their rights on the engineers' list.
Wherever electric or other power is installed a substitute for steam, or is now operated as a part this system, or any of the tracks operated or controlled by the Great Northern Railway, locomotive engin shall have preference for positions as engineers or motormen, but these rights shall not operate to displace any men holding such positions on April 10, 1919.
In transferring engineers from yard service to service, the engineer oldest in the company's service will be entitled to promotion first. It is understood, however, that in promoting them, the following considerations will govern:
First: Fitness for Position.
Second: Previous record for faithful service.
Third: Length of such service.
Under this rule it is understood that yard engineer wishing to enter road service, and who have qualified in accordance with promotion rules, may do so before other men are promoted or hired, by making application to the proper official.
NOTE: See Rule 72 and Appendix "S".
When engineers are transferred from one division to another at the request of the company, they shall be returned to their own division within six months, before men are hired or promoted.
Engineers will not be held on divisions or districts other than their own when business decreases to the point where it can be handled by men holding rights there.
In case of increase of business on any one or more divisions, engineers may, upon request, be transferred from one district to another before men are hired or promoted, and will be returned to original district when business decreases to the volume prevailing when transfer was made.
When men are transferred at their own request, they will be given six months in which to determine whether to retain rights on original division or districts or acquire rights on division to which transferred.
Such requests and decisions to be made in writing. When engineers are transferred at company's request the youngest men available will be chosen unless older men wish to go.
When a vacancy occurs on freight runs on any freight district on a division where the engineers hold rights, the oldest man on the division will have the right to transfer to such district.
The rights of engineers will be governed by their position on the engineers' list. The oldest man will have the choice of runs, but any engineer declining a run to which he is entitled will forfeit his rights to that run to the engineer accepting it and to him only.
Engineers senior in service will have preference to runs on their respective divisions. Preference runs are understood to include passenger trains, mixed trains, way freight trains, regular freight trains on branch lines, work trains, snow service, regular transfer service, and regular helper service.
Displacement by seniority into pool or unassigned service must be exercised by displacing the youngest man to whom that run has not been forfeited by the displacing employee, providing that mileage, terminals, and lay-over points are the same. Variations in mileage, terminals, or lay-over points constitute points of preference, and seniority may be exercised on the basis of that preference when they exist, even if the man displaced be not the youngest. Displacement by seniority into assigned service must be exercised in the same way; but the regular layover day, if such exists, might be a point of preference, as well as the lay-over point. quot;Regular lay-over day" refers only to a lay-over day which occurs regularly on the same day of the week. If the lay-over days occur on successive days of the week, in successive weeks, there is no preference on such assignment so far as lay-over days are concerned. Displacement by seniority into work train service must be exercised in the same way as above noted, except that in work train service there may be variations in the kinds of work assigned, as well as terminals, etc., and, in such cases, the kind of work might also be a matter of preference.
(a) Engineers on freight trains will run first in first out on their respective districts, except on districts where other arrangements are agreed upon by representatives of the Brotherhood of Locomotive Engineers and the Division Master Mechanic or Superintendent, it being understood that if not called in their proper turn they will be compensated as per Rule 47. If they are called in their proper turn but they do not depart from the terminal in the same order, the engineer runaround shall receive 25 miles at the rate of pay of the trip for which called in addition to compensation for trip.
(b) On passenger trains, engineers may run over one or more districts. (See Appendix N).
No more men will be employed in the service than are necessary to move the traffic with promptness and dispatch. The number constituting a surplus to be determined by the division Master Mechanic and a committee representing the Brotherhood of Locomotive Engineers. Business not to be delayed to get the conference referred to. Prompt action will be taken and adjustment made afterwards. If adjustment changes are required under this rule, such will be made with reference to seniority rights.
When, from any cause, it becomes necessary to reduce the number of engineers on the engineers' working lists on any seniority district, the youngest engineer will be reduced to the position his rank on the firemen's seniority list entitles him to. Reduction shall be made in the reverse order of engineers' seniority.
When, for any cause, it becomes necessary to reduce the number of engineers on the engineers' working list at a terminal, on any seniority district, the following rules will be observed:
Return to Service.
Engineers taken off under this rule shall be returned to service as engineers in order of their seniority as engineers as soon as it can be shown that engineers in assigned or extra passenger service can earn the equivalent of 4800 miles per month; in assigned, pooled, chain gang or other service paying freight rates the equivalent of 3800 miles per month; on road extra lists, the equivalent of 3800 miles per month; on extra list in switching service are averaging 35 days per month.
When hired engineers are laid off account of reduction in service, they will retain all seniority rights, provided they return to actual service within thirty days from the date their services are required.
NOTE: In applying the foregoing rule, in the determination of whether additions, should be made to th road extra list, the total mileage made by th number of turns assigned to the road extra list during the prior checking period will be divide by 3400 to determine the number of engineer to be added to the list. When determining an reductions to be made, the total mileage made by the number of turns assigned to the road extra list during the prior checking period will be di vided by 3000, the purpose being to regulate th mileage of engineers assigned to road extra list between 3000 and 3800 miles per month. No additions will be made that will reduce the average mileage below 3400 miles per month. When the extra mileage made by engineers in addition to that performed by the number of turns assigned to the road extra list, amounts to more than 3800 miles during the prior checking period, one engineer will be added to the extra list for each such 3800 additional miles, a day to day record will be kept of mileage made by assigned extra board turns, and of other extra mileage made, which will be checked daily as to the total mileage thus made during th next preceding 15 days, and road extra list will be adjusted accordingly by the proper supervising officer.
Engineers who earn in excess of the equivalent of the maximum miles and days per month in any class of service will be required to carry over and be charged with the excess in the following checking period. When engineers' extra board becomes exhausted, the oldest available qualified demoted engineer will be called for emergency service as engineer. If an engineer called for service has already reported to the proper officer of the Company that they have made their maximum miles, but are required by the Company to continue in service account no available relief, such over-mileage will not be carried over or charged to such employee in the following checking period, it being understood that when relief is available, such engineers must be relieved.
In the regulation of assigned and extra passenger service, a sufficient number of men will be assigned to keep mileage or equivalent thereof within the limitations of 4000 and 4800 miles per month; in assigned, pooled or chain gang freight, or other service paying freight rates, a sufficient number of men will be assigned to keep the mileage or equivalent thereof within the limitations of 3200 and 3800 miles per month. In assigned yard service, regulations will be made requiring each regular assigned man to lay off when he has earned the equivalent of 35 days per month.
When engineers are used in combination service, they will be permitted to make the equivalent of 3800 miles in freight service per month.
When regulating working lists where separate lists are maintained for the respective classes of service, each list will be handled separately.
Engineers will be required to register their total mileage on roundhouse register at end of each trip and engineers at outside points will wire in their mileage to the proper official in time to be relieved.
Engineers failing to register their correct total mileage at end of each trip will not be considered available for service until they have registered such mileage. This shall not in any manner operate to penalize the railway company.(f) The regulation of the chain gang and extra list are to be made at a specific time each day, the time to be agreed to by the Local Chairman and Superintendent or Master Mechanic.
Engineers will have seniority rights to such vacant positions as they consider preference in yard service.
(b) Road engineers desiring to enter yard service may do so when there is an opening, but when business decreases to where it will affect yard engineers who held rights in yard previous to their entering they will be returned to road service. This rule not to affect engine who are physically or otherwise unable to perform road duties.
(c) The Master Mechanic may assign engineers switching service temporarily without loss of rank in road service. Where the service requires it, or where is necessary on account of lack of business, or where engineer or members of his family may be ill, engineers may be temporarily assigned to yard service, but must return to road service when called on.
When regular switch engines and yard crews are used, there shall be a switch engineer and fireman assigned.
(a) When an engineer is compelled to give up a account of his physical condition, he may exercise seniority and take another run, provided arrangements are agreed upon between representatives of the Brotherhood of Locomotive Engineers and officers of the Railway.
(b) When, under paragraph (a) of this rule, an engineer, on account of his physical condition, gives up a run to which he holds rights, it will be agreed between representatives of the B. L. E. and officers of the Company, whether such relinquishment is temporary or permanent. If temporary, he will continue to hold right to the run he temporarily gives up and it will not be declared vacant; neither will the run he takes be declared open; but he must return to the run he temporarily gives up as soon as his physical condition permits. If temporary, such will expire at the end of ninety (90) days unless further extension is agreed upon. If permanent, the run he gives up will be declared open and will be bulletined as provided in Rule 74(b); also the run he takes will be declared open and will be subject to bulletin and displacement rules.
(See Appendix S.)
A permanent vacancy is one created by an incumbent engineer relinquishing his rights to a continuing regular assignment.
A temporary vacancy is one created by an incumbent engineer being absent from a continuing regular assignment without having relinquished his rights thereto.
A new run is an additional regular run or service which is to continue for ten days or more.
Permanent vacancies and new runs will be bulletined by the Master Mechanic at all district terminals on that seniority district out of which engineers operate. The bulletin must clearly outline the nature of the service required, specifying train number or designation, terminals, days on which service is to be performed, and rotation of service thereon. The bulletin will state the closing time and date, which shall be on the tenth day after posting and not later than 12: 01 P.M. on that date. The bulletin will be posted as soon as possible after receipt of necessary information as -to the vacancy or new run by the Master Mechanic.
Each seniority district may, at its option, waive the issuance of bulletins on all permanent vacancies or new runs in switch engine and chain gang service. When bulletins are so waived, the senior engineer applying for such service during the first ten days of its continuance will be considered assigned thereto, and will hold the same rights as if it had been bulletined.
Applications for bulletined positions, or for assignments on which bulletins are waived under paragraph (c) of this rule, must be made in writing in duplicate and one copy each must be delivered to the office of the Master Mechanic and to the BLE Local Chairman of that seniority district before the specified expiration time. Failure to furnish copy of application for a bulletined position to the BLE Local Chairman before the specified expiration time will void the application. Applications by wire will not be accepted unless it can be shown that it was impossible to make application in writing. If an engineer registers in or out of a terminal where bulletin is posted during life of bulletin, he will be considered as having had necessary opportunity to apply for service bulletined. Applications for permanent vacancies or new runs cannot be withdrawn after the close of the bulletin or after the ten-day period. An engineer who relinquishes his right to a regular assignment will not be eligible to rebid upon the vacancy thus created by him unless there are no other bidders for such vacancy.
Assignment of engineers to specific service will be arranged by mutual action of the Local Chairman and the Master Mechanic of the seniority district involved.
An engineer temporarily out of service due to leave of absence, sickness or suspension, during the entire life of a bulletin, may exercise his seniority to service advertised on such bulletin, provided he does so immediately upon his return to service.
Failure to apply for a permanent vacancy or new run during the bulletin period will be considered a declination of such service. At the expiration of the bulletin period, the senior applicant will be assigned to such service, and will thereupon establish bulletin rights thereto, and will not thereafter be displaced therefrom unless: (1) it becomes his turn to be reduced to other service on account of reduction of force; (2) he is displaced by a senior engineer who can no longer hold the run on which he was established when passing up such service on bulletin; (3) he is displaced by a senior engineer who was temporarily out of service due to leave of absence, sickness or suspension during the entire bulletin period.
When an engineer has passed up a run and he afterward takes this run on a subsequent permanent vacancy, he thereby establishes his seniority on the run; and when a reduction is made the youngest man will be reduced.
When the extra board is reduced, the engineer cut off has the option of displacing anyone his junior. The extra board might be cut at a time when the junior engineer on the extra board is senior to two or three engineers on outlying assigned runs, and he has the option as to which one of these he desires to displace. If there should be no one working as an engineer who is junior to the engineer cut off the extra list, he will, of necessity, revert to whatever position he could properly take as a fireman.
If there are no applicants on a bulletin, the senior engineer who is cut off the engineers' extra list will be assigned thereto.
Service during the bulletin period on a permanent vacancy or new run in freight or yard service will be supplied from the extra board, except that a senior engineer not holding a regular assignment, or a senior engineer who was displaced from a regular assignment by a senior engineer, or whose regular assignment was canceled during the existence of such vacancy or new run, and who has not yet placed himself, may take such run during the bulletin period, who thereafter may be displaced by any senior engineer.
NOTE: Mesabi Division is governed by letter agreement dated April 30th and May 3, 1938. (See Appendix G, page 115.)
NOTE: The phrase "except that a senior engineer not holding a regular assignment" may include a senior engineer on the extra list because the extra list is not considered to be a regular run.
INTERPRETATION: When an engineer holding a regular assignment places himself on a Permanent vacancy or new run during the bulletin period, in accordance with Rule 74 (h) he thereby relinquishes his rights to his former run, which thereby becomes a permanent vacancy, and will be bulletined as such. In such a case, however, Rule 74(d), last sentence, is not intended to prevent such engineer from returning to his former run if displaced by a senior engineer prior to the expiration of the 10-day period, or he is the unsuccessful bidder for the new run or permanent vacancy, the same as any other vacancy, unless an engineer senior to him has placed himself upon it, nor will Rule 74(d) be construed to prevent his bidding on and being assigned to his former run if he is the senior applicant and has complied with the provisions of this interpretation. Under the provisions of this interpretation he must bid on the vacancy that he had created should he return thereto prior to the expiration of the10-day period due to having been displaced by a senior engineer or having been the unsuccessful bidder on the new run or permanent vacancy.
Failure to bid on the new run or permanent vacancy will not permit him to exercise his seniority nor bid on the vacancy he had created, or displace any assigned engineers continuing to hold assignments they had been assigned to prior to this engineer's vacating his regular assignment for the new run or permanent vacancy.
NOTE: See Rule 74(p) for outlying assignment.
A temporary vacancy in freight or yard service will be filled for the first ten days from the extra list. At the expiration of ten days, such temporary vacancy may be taken by the senior engineer applying for it.
An engineer on the extra board who lays off will not have his turn considered vacant until after ten days. When an engineer on the extra board takes a temporary vacancy after the ten-day period, the filling of the temporary vacancy thereby created on the extra board will be governed by mileage regulations. The mileage earned by an engineer on a temporary vacancy after the ten-day period will not be charged to the extra list.
An engineer who is cut off an extra list must promptly place himself on whatever run or service his seniority entitles him to on his seniority district. Until he has so placed himself, he is considered laying off, and is not eligible for a call until he has placed himself.
Service during the bulletin period on a new run or permanent vacancy in passenger service will be filled by the senior available freight engineer at the point of supply, except that a senior freight engineer applying for the new run or permanent vacancy, or a senior engineer displaced from a regular assignment by a senior engineer, or whose regular assignment is canceled, during the existence of such vacancy, and who has not yet placed himself, may take a new run or permanent vacancy prior to the expiration of the bulletin period, and may thereafter be displaced by any senior engineer.
NOTE: See Rule74(h).
When a separate passenger extra board is maintained, all unassigned passenger service and all temporary vacancies in assigned passenger service for the first ten days will be filled therefrom, observing passenger terminals, rules and rates of pay. At the expiration of ten days, a temporary vacancy in passenger service may be taken by the senior engineer applying for it.
If no separate passenger extra board is maintained, a temporary vacancy in main line passenger service will be filled by the senior freight engineer available at the point of supply. After ten days, such temporary vacancy may be taken by the senior engineer applying for it.
INTERPRETATION: Any engineer applying for a temporary vacancy in passenger service after the expiration of the 10-day period can take such vacancy even though he may be junior to the engineer who laid off and whose place he wanted to fill, as there is no rule provision which permits an engineer to establish himself permanently on a temporary vacancy. When the engineer returns after laying off and the vacancy still exists, he must return and remain thereon, regardless of whether a junior engineer is on it, or until the regular engineer returns, or he is displaced by a senior engineer. This interpretation also applies to the exercise of seniority on temporary vacancies in freight or yard service after the expiration of the 10-day period as prescribed in Rule 74(i).
The oldest available freight engineer must do all the extra passenger work or decline it all; but declining such work, or making himself available again after declining it, must be done in writing to the Master Mechanic; it being understood that the reason for first having declined extra passenger work may disappear, such as his run having been changed or he has been displaced by senior engineer.
If no separate passenger extra board is maintained, all main line unassigned passenger service, (that is, all passenger service not regularly assigned), will be handled first-in, first-out by chain gang engineers in territory where such chain gang service is maintained. If no chain gang service is maintained over the territory where the unassigned main line passenger train moves, the senior, available, freight engineer at point of supply shall handle such service, who shall complete the round trip in passenger service to the distant terminal and return if such service is available, and each successive round trip will be filled by the senior, available freight engineer at the time call is placed. All unassigned passenger service under this paragraph will be operated under passenger rules, but will be paid for at through freight rates and observe pool and unassigned freight service terminals. It is understood and agreed that at terminal points having separate passenger and freight terminals, such as Duluth-Superior, Saint Paul-Minneapolis, Hillyard Spokane, and Interbay-Seattle, the freight and passenger terminals will be considered as a single terminal, as to use of chain gang or other freight engineers in passenger service under this paragraph; Engineers to be actually run to the passenger terminal, but to be tied up at the pool freight terminal, and any deadheading or other movement of such engineers necessary between freight and passenger terminals will be computed under Rule 32, Rule 41 or other similar rule applicable at such point. (See Appendix C for handling unassigned passenger service Great Falls to Billings.)
A special train of a fraternal organization may, upon its request, be manned by an engineer member of such organization. The senior, available engineer of such organization to be used. Other engineers run around by reason of this will not claim any penalty payment.
If a through passenger train is delayed in transit, and a made-up section is run on the timetable schedule of the delayed passenger train and such train is made up at a recognized passenger terminal where assigned passenger crews initiate and terminate service, such made-up section will be considered as the regular train and manned by the regularly assigned passenger engineer. It is understood that this provision will not apply to made-up advance sections of regularly assigned passenger trains when run in advance of the timetable schedule.
When a made-up section is manned by a regularly assigned engineer, the delayed passenger train will be manned by a chain gang engineer in compliance with Rule No. 74(m), except as provided in Rule No. 74(k).
All branch line unassigned passenger service, or temporary vacancies, shall be filled for the first ten days from the extra board which furnishes extra engineers for other service on such branch line. After ten days, such temporary vacancy may be taken by the senior engineer applying for it. When service on both main line and branch line is involved in the same run, it will be classified as either main line or branch line in accordance with the preponderance of mileage of such run on either branch line or main line. At terminals where engineers are assigned to the extra list, for either passenger, freight or switching service, engineers so assigned will run first-in, first-out in their respective classes.
Engineers assigned to the extra list are not considered as holding a regular run.
An engineer assigned to the extra list who lays off will have his name removed from the extra list for a minimum period of 24 hours. When he reports for service, he will be marked up at the foot of the list. An engineer assigned to the extra list missing a call will not be again marked up until after the expiration of 24 hours or the return of the assignment or turn for which he stood, whichever is the shorter, and then will be marked up at the foot of the list. If the call missed is for a run at an outlying point, such engineer, in returning to service, will be sent to relieve the engineer who accepted call in his stead. Should deadhead compensation be involved, it will be paid only to the engineer who accepted the call, both going and returning, and no deadhead allowance to the engineer who missed the call. The foregoing to be effective except where otherwise mutually agreed upon by Local Chairman of the B. of L. E. and the Superintendent.
When a freight engineer is used temporarily in passenger service, he shall return to his regular assignment upon completion of one trip.
On outlying runs, or runs which do not have either terminal at the point of supply, the engineer first called for a temporary vacancy, or for the bulletin period of a permanent vacancy or new run, shall continue thereon for the first ten days of the temporary vacancy or for the bulletin period, except that a permanent vacancy or new run may be claimed by a senior engineer who has been displaced from a regular assignment by a senior, or whose regular assignment was canceled during the period of such bulletin, who thereafter may be displaced by a senior engineer. (See Appendix N, Page 146.)
INTERPRETATION: An engineer called from the extra list to man a temporary vacancy or for the bulletined period of a new run or permanent vacancy at an outlying point, will not be permitted to vacate such run during this 10-day period for a new run or a permanent vacancy unless he should draw a new run or permanent vacancy on which he had placed bid before having been called for the outlying assignment.
NOTE: When a demoted engineer is to be used on a run at an outlying point or at the away-from-home terminal, and the fireman on the run is senior as an engineer to the man who stands to be deadheaded from the home terminal to fill the vacancy, he will be used to run the engine and a fireman deadheaded from the home terminal to fill his vacancy as a fireman. This, to prevent a senior engineer from firing for a junior engineer.
Work trains not bulletined to tie up at source of supply will be considered an outlying job governed by Rule 74(p).
When a new run or permanent vacancy is bulletined, an engineer who is filling a temporary vacancy may apply for it, but has the option of staying on such temporary vacancy until displaced. If he is the senior applicant on the bulletin, he must establish himself on the run applied for when displaced from the temporary vacancy. If he is not occupying a temporary vacancy, he must vacate his former assignment as soon as practicable, but not later than 5 days from closing date of bulletin.
When a temporary vacancy is created on a regular run, an engineer accepting same after the ten-day period can be displaced at any time by a senior engineer. If displaced by a senior engineer, he may return to his former run, even though a senior engineer is occupying same. It is understood he cannot return to his former run until he is displaced, but can exercise his right to another temporary vacancy which he desires and must return in the reverse order to his former run.
A run affected by a seniority move is automatically closed at the expiration of the ten-day period. This does not apply to temporary vacancies after the ten-day period.
Engineers taking any run or switch engine in preference to the extra list may return to the extra list when same is increased in accordance with mileage regulations.
If a regular engineer reports for duty after ten days of a vacancy on his run, and afterward lays off without going to work, it will be considered a continuing temporary vacancy, the same as if the regular engineer had not reported for work, and can be taken by the oldest engineer desiring it.
If an engineer reports for any run and later lays off, before making a trip, it will be treated the same as though he had not reported or been marked up.
Unless other local agreement is made by Local Chairman and Master Mechanic due to local conditions, an engineer laying off for any cause will report (may be done in person or by telegram) for work at the end of the trip or day previous to the trip or day he resumes work so that the man displaced will have the opportunity of immediately taking other service. This does not apply in case of the absent engineer's run being filled from th extra board, or in case of a passenger run being filled temporarily by the senior freight engineer in accordance with Rule 74 (L) and (o).
When traffic is tied tip for any cause and assignments of runs affected are not canceled, road engineers affected by the tie-up may exercise their seniority after five days, and yard engineers affected may exercise their seniority after one day. After traffic is re-established, all men affected by this move shall automatically return to their former runs. It is understood this has to do only with abnormal conditions in a territory where practically all regular service may be canceled for a short time and again resumed under normal conditions at the expiration of the tie-up. It is understood the Company does not waive the right to cancel such assignments immediately upon the tie-up being evident to its officers, and does not commit itself to any assurance that such cancellation may not be made prior to the expiration of five days in road service and one day in yard service. When the Company cancels the assignments, the men affected may exercise their seniority.
The first ten days of a temporary vacancy mean the ten calendar days commencing with the first day service is performed by the relief engineer. For example, a run is assigned daily except Sunday. The regular incumbent lays off after completion of his trip on Saturday. The first ten days of the temporary vacancy in such case would be the ten consecutive calendar days commencing on Monday when the relief man performed his first service, and would not include the initial Sunday layover day. It would, however, include the next succeeding Sunday layover day.
Displacement at the home terminal must be made at least two hours prior to reporting time of the run or tour of duty, except, in a case where the displacing engineer is himself displaced subsequent to this time, he will be allowed to exercise seniority prior to the time the call is placed, the engineer so displaced to be notified immediately.
NOTE: See Appendix "L-l"-Vacation vacancies.
When the business of the company will permit, engineers will be granted leave of absence for periods not exceeding six months, and will hold their rights on the engineers' list during that time. This will not be granted more often than once in two years, except if required in slack times for the purpose of securing work elsewhere.
Engineers who are out of the service longer than six months through sickness or injury, or under leave granted by proper authority, will not lose their rights under this rule.
Engineers assigned to outlying runs or jobs, after being off their run or Job for any reason, when again reporting for duty, must give notice at lay-off point, of such intention to return to service, not later than the arrival of their run on the last trip previous to such return. Failure so to advise of such prospective return will entitle the relief engineer thereon to hold such run for additional round trip or day.
If engineers, on laying off, specify the number of trips they will be absent, or register specific time when they will again be available for duty, they will be marked up at such time, and relief engineer will be released from such service at the close of the last round trip so shown.
Displacement of assigned engineers at outlying points must be done not later than the arrival of their runs at relief points, unless the displacing engineer is himself displaced after the arrival of said run-with this exception, that, in the case of a man returning from his vacation period, or returning from a leave of absence, after the run has tied up, this will not apply, providing the vacancy occurred during his absence.
When runs are discontinued, the engineers affected will be notified by the Company on the last day the run is on.
If engineers are displaced at other than outlying points, they will be notified as soon as practicable.
If not notified, they will be paid for time lost.
Engineers charged with offenses involving suspension or discharge will be advised the nature of such offense, and no engineer will be discharged, suspended, or given record suspension without full investigation within five days by Superintendent or other designated officer, at which investigation all parties interested will be notified to be present, and at which any engineer under investigation may be represented by the Local or General Chairman of the Brotherhood of Locomotive Engineers, or a member of that Organization of his choice, or both, who may be present and hear all evidence submitted at the investigation if they so desire. If the engineer is not satisfied with the decision, he will have the right to appeal to the next higher officer, continuing ouch appeal, it desired, until it reaches the General Manager, whose decision shall be final.
If the engineer is found blameless, he shall be immediately reinstated and paid for time lost at his regular rate for each calendar day.
The Engineers' Committee will be allowed to see all papers pertaining to the case.
In no case, except for insubordination or other extreme case, will an engineer be taken out of service without being notified of the reasons in writing by the Master Mechanic.
When an engineer is suspended and then required to return to work before the expiration of such suspension, the remainder of such suspension is automatically canceled.
An engineer held responsible as the result of an investigation will be notified in writing of the decision rendered within 20 calendar days immediately following the investigation.
A run affected by either a change of four hours in starting time, points of layover, or by a change of 400 or more miles per month, will be considered vacant. An engineer holding such run may return to his former run, unless a run has been created which is preference to his former run, provided claim for same is made within 10 days after such run is established.
INTERPRETATION No. 1:
Changing a through passenger run to a local passenger run in both directions, or vice versa, will be cause for rebulletining the run. Changing the number of a train does not thereby open run for bulletin.
Where a run has been changed so that it is declared vacant, the engineer holding such run must apply for the run he desires within 10 days, even though he is holding a temporary vacancy. If he fails to apply for a run under this rule, he will be placed on the extra board until there is an opening for him to exercise his seniority.
The phrase in Rule 7 3 reading: "A run affected by either a change in four hours in starting time" is intended to mean a change of four hours between leaving time of trains, as shown in old timetable and as shown in new timetable when carded trains are involved. A change of one hour or more in regular starting time of an assigned yard, or combination yard transfer job, will cause such job to be considered vacant.
A run affected by a change in day of lay-over (it being understood that day of lay-over may be considered preference); a change from straightaway to turnaround or vice versa, regardless of whether the mileage is more or less than 100 miles; or a change from six-day to seven-day assignment or vice versa, will be considered vacant and will be rebulletined.
NOTE: When agreed to by the Local Chairman and Superintendent or Master Mechanic, the four hours in this Rule may be changed to two hours.
Engineers who are discharged and are returned to duty will hold former rights, provided they are reinstated within six months, unless their cases are pending in the hands of the Brotherhood of Locomotive Engineers' adjustment committee. Cases will not be considered as pending when decisions on same have been rendered by the Assistant General Manager or General Manager, unless re-opened by the same authority.(b) When an engineer is barred from certain service by the Company and is allowed to work in other service as engineer, he has the right to take any run his seniority entitles him to, in the class of service in which he is allowed to work.
In case restriction to certain service is removed, he may apply for and be placed on any run to which his seniority entitles him in the service from which he is no longer barred, providing he applies for such run within ten days after date he is notified that the restriction has been removed.
Engineers will be called as nearly as practicable one hour before they are required to go on duty, provided that if for any reason engineers ask to be called more than one hour before going on duty they will not receive additional pay on that account.
At main line terminals, engineers will be called within one mile of register office and will be called at the address designated in a book kept for that purpose at register points. When engineers have telephones they will be called by phone, regardless of distance. It is understood that when engineers are called by telephone within the one-mile distance and do not respond, a caller will be sent to call him in person.
Efficiency tests will not be conducted under conditions that are hazardous to employees. Tests which would be a violation of train order will not be made except by train order.
Engineers will not be required to pay fines on account of breakage or loss of tools.
It is agreed that supplies will be placed upon engines at least thirty minutes before engine is required to leave designated track. Engineers must not leave without having proper supplies on engine, unless authorized by a division officer.
Where engineers are required to set up wedges, fill grease cups or clean headlights, they shall be relieved of such service at all points where competent roundhouse force is employed; neither will they be required to place on or remove tools or supplies from locomotives or trains, fill lubricators, flange oilers, headlights, markers or other lamps at points where roundhouse force or engine watchman is employed.
All mountings in cabs shall be kept packed and during cold weather all engines will be equipped with frost glasses in front windows in cabs, side curtains and back boards; all other openings around running boards and reverse levers in cabs will be kept closed.
Engineers who have been in the service over one year will be furnished with quarterly passes good on their division and with a reasonable number of trip passes good on other divisions.
Time transportation will be furnished engineers good over the district on which they held rights prior to the schedule dated December 1, 1909. This not to apply to engineers promoted or hired since division rights were changed in above mentioned schedule.
Transportation will not be taken from engineers while under suspension.(b) When engineers choose to take runs compelling them to change their homes, transportation shall be furnished for their families and household goods.
Engineers will make such inspection of their engines and such reports of work required as may be called for from time to time by proper authority.
At roundhouse where inspectors are employed, engineers having regular engines will not be required to make pit inspection.
This will not relieve engineers from reporting defects of which they know.
Engineers arriving at terminals with freight trains will be piloted by brakemen to roundhouse track, and on outgoing trains, from roundhouse track to trains.
To insure uniformity as to qualification requirements for Engineers as regards familiarity with the territory over which they are operating, it is agreed that:
For the purpose of defining the territory upon which familiarity qualifications are required, the lines from Saint Paul to Seattle via either St. Cloud or Willmar, and via either New Rockford or Grand Forks-Devils Lake, and the lines from Duluth to Minneapolis, Duluth to Grand Forks, Sioux City to Willmar, Butte to Havre, Billings to Shelby, and Everett to Vancouver, B.C., will be considered main line.
For main line passenger service, Engineers to be qualified must have made a trip over the district in any capacity (either engineer or fireman), in engine service, within a period of one year; in freight service within a period of two years. In main line territory where there have been no extensive changes, such qualification period may be extended by agreement between the Local Chairman and the Division Superintendent.
On mountain grades of 1.8% or greater, Engineers to be qualified shall have made a trip over such territory in any capacity in engine service within six months and in freight service one year.
In the electrified zone between Appleyard and Skykomish, in either passenger or freight service, engineers or firemen to be qualified must have made a trip over such territory within six months.
This refers only to familiarity with road and track, and has no bearing upon the employee's mechanical qualifications to handle various classes of power. Such mechanical qualifications as are proper will be required on any territory.
To insure qualification of necessary engineers to man gas-electric or Diesel locomotives and motor cars, as they may be required, and in accordance with schedule seniority rules, Great Northern Railway Company and its Engine Service employees represented by Brotherhood of Locomotive Engineers and Brotherhood of Locomotive Firemen and Enginemen do hereby agree as follows:
Engineers are required to account for firemen's time who are with them.
Engineers will be notified when time is not allowed as claimed on time slip, giving the reason therefor.
The General Committee of Adjustment for the Brotherhood of Locomotive Engineers will represent all locomotive engineers, in making contracts, rules, rates an working conditions, and the interpretation thereof.
Should any disagreement or misunderstanding arise a to the construction and meaning of these rules, the matter shall be decided be a conference between the highest designated appeal officer and the committee representing the Brotherhood of Locomotive Engineers.
When an Interpretation or ruling as to the application or intent of any rule or rules of this agreement is made by the highest designated appeal officer, a copy of such interpretation or ruling will be promptly furnished to the General Chairman of the B. of L. E.
In case a meeting or conference is desired between th general officers of the company and a committee representing the Brotherhood of Locomotive Engineers, written notice stating the nature of the matter to considered will be forwarded to the highest designated appeal officer 30 days before conference is desired, who will fix a date and time when same may be held.
Nothing in this agreement will be interpreted to affect the rights of engineers acquired under any previous schedule. No provision herein is retroactive.
Engineers will be furnished with copies of this agreement.
(a) All claims or grievances must be presented in writing by or on behalf of the employee involved to the officer of the company within 60 days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within 60 days from the date same is filed, notify the employee or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the carrier as to other similar claims or grievances.
(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within 60 days from receipt of notice of disallowance, and the representative of the carrier shall be notified of the rejection of his decision. Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances.
(c) The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within 60 days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within one year from the date of said officer's decision proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the one year period herein referred to.
(d) All rights of a claimant involved in continuing alleged violations of agreement shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.
(e) This rule recognizes the right of representatives of the organization party hereto to file and prosecute claims and grievances for and on behalf of the employees it represents.
(f) This rule shall not apply to requests for leniency.
NOTE: The one-year provision of paragraph (c) applies to claims or grievances appealed to the highest designated appeal officer on and after the effective date of this schedule agreement.