ARTICLE I

RATES OF PAY

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

BASIC DAY

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

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

ADVANCED REPORTING TIME

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

INITIAL TERMINAL DELAY - PASSENGER

Rule 4-1. (a) Initial terminal delay shall be paid on a minute basis to Trainmen in passenger service for all time in excess of sixty (60) minutes computed from the time of reporting for duty up to the time the train leaves the terminal ("terminal" means passenger station or other starting point from which the train actually departs), at one-eighth (1/8th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.

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

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

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

FINAL TERMINAL DELAY - PASSENGER

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

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

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

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

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

(d) All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one-eighth (1/8th) of the basic daily rate, according to class of service, in addition to full mileage of the trip, with the understanding that the actual time consumed in the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule. After road overtime commences, final terminal delay shall not apply and overtime shall be paid until finally relieved from duty.

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

OVERTIME

Rule 5. (a) Trainmen on short turnaround passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty in excess of eight (8) hours (computed on each run from the time required to report for duty to the end of that run) within nine (9) consecutive hours; and also for all time in excess of nine (9) consecutive hours computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour, This rule applies regardless of mileage made. For calculating overtime under this rule the management may designate the initial trip.

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

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

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

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

TACOMA DIVISION
VAUDEVILLE PASSENGER SERVICE

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

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

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

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

Report for duty........................... 6:10 A.M.
Leave Seattle............................... 6:40 A.M.
Arrive Tacoma............................ 8:10 A.M.
Leave Tacoma............................. 8:55 A.M.
Arrive Seattle............................ 10:25 A.M.
Release from 10:25 A.M. until 11:25 A.M.
Leave Seattle............................. 11:40 A.M.
Arrive East Auburn................... 12:35 P.M.
Leave East Auburn..................... 1:30 P.M.
Arrive Seattle and ties up........... 2:25 P.M.
Actual miles run, 125.6.

Allowance: Spread of time 8'15", and deducting 1 hour release at Seattle, no overtime accrues. 121.2 miles equivalent to minimum day's pay, actual miles run 125.6. Crew entitled to minimum day's pay plus 4.4 excess miles.

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

Report for duty........................ 7:40 A.M.
Leave Seattle............................. 8:10 A.M.
Arrive Tacoma.......................... 9:30 A.M.
Release from 9:30 A.M. until.. 1:40 P.M.
Leave Tacoma........................... 1:55 P.M.
Arrive Seattle............................ 3:15 P.M.

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

Report for duty.......................... 8:10 A.M.
Leave Seattle.............................. 8:40 A.M.
Arrive Tacoma......................... 10:00 A.M.
Release from 10:15 A.M. until. 8:30 P.M.
Leave Tacoma............................ 8:45 P.M.
Arrive Seattle........................... 10:05 P.M.
Ties up...................................... 10:10 P.M.
Actual miles run, 80.8.

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

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

Report for duty...................... 11:40 P.M.
Leave Seattle.......................... 12:10 A.M.
Arrive East Auburn and
after turning train on
wye released at........................ 1:30 A.M.
Due to leave East Auburn
on regular assignment
for return trip to Seattle.......... 8:00 A.M.

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

Leaving East Auburn at......................... 10:25 A.M.
Arrive Tacoma......................................... 11:25 A.M.
Leave Tacoma for Seattle
in service or deadhead........................... 12:55 P.M.
Passes through Auburn at...................... 1:30 P.M.
Arriving Seattle and tying up................. 2:15 P.M.
Total spread of time in service, l4'35".
Time consumed on diversion East Auburn
to Tacoma and return, 3'05".

Allowance: For regular assignment Seattle to East Auburn and return, minimum passenger day plus 2'30", overtime. (Overtime arrived at by deducting 1 hour for release at East Auburn under "8 within 9" hour rule and the 3'05", consumed on diversion to Tacoma outside the territory covered by regular assignment.) For the diversion East Auburn to Tacoma and return, crew entitled to a minimum passenger day in addition to pay for regular assignment.

Note: Same principle as outlined in these examples applies to crews in "Vaudeville" service having home terminal at Tacoma.

EARNINGS GUARANTEE

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

Per Day
Flagmen and Brakemen......... $13.51

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

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

(b) Trainman in example No. 1 (a) lays off five days. He receives 25 days at $13.51 - $337.75; extra man 5 x $13.51 - $67.55.

(c) Trainman on 30 day assignment, making 140 miles daily, is subject to the monthly guarantee of $397.00; makes 10 minutes overtime daily, 10 Amounting to $9.27; is required to perform extra service. Payments' accruing under the schedule rules for the extra service will be applied against the payment of 30 days times $13.61 per day, viz., $405.30. If such additional payments produce compensation in excess of $405.30, daily earning guarantee not involved.

(d) Trainman on thirty-day assignment paying daily minimum ($13.235) which equals $397.05; average daily earning guarantee 30 x $13.51 equals $405.30. Regular maxi lays off 10 days during month and receives 20 x $13.235 - $264.70; extra man working 10 days in regular man's place earns $142.00 (including overtime). Regular man receives $264.70; extra man receives $142.00; total $406.70.
As this is more than average of $13.51 for days of assignment guarantee not involved.

(2) (a) Trainman on 26 day assignment; makes no overtime and performs no extra service; therefore, is subject to the monthly guarantee of $397.00. 1/26 of $397.00 equals $15.27 per day. Daily earning guarantee not involved.

(b) Trainman in example 2 (a) lays off one day; daily earning guarantee not involved; therefore, regular trainman receives 25/26 of $397.00 - extra man working in his place 1/26 of $397.00.

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

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

(4) Trainman on 28 day assignment which is subject to the monthly guarantee of $397.00, lays off for one day; receives 27/28 of $397.00 or $382.82; the extra man 1/28 or $14.18. Daily earning guarantee not involved for either regular or relief man.

(5)Extra man (not filling place of a regular man) on first day (a) is used under conditions resulting in 2 minimum days; second day (b) makes 200 miles; third day (c) makes 125 miles, no overtime; fourth day (d) makes 125 miles and 4 hours overtime

(a) will be paid 2 days at $13.235, equals $26.47.
(b) will be paid 200 miles at $0.08807 per mile, equals $17.61.
(c) will be paid daily earning guarantee $13.51.
(d) will be paid daily minimum - $13.235, plus 4 hours overtime at $1.695, equals $20.01.

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

SPECIAL PASSENGER SERVICE RATE

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

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

ASSIGNMENT NOT DISCOUNTED

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

WORKED OR HELD ON THEIR LAY-OVER DAY

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

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

USED ON OTHER RUNS

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

USED OUTSIDE THEIR ASSIGNMENTS

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

RELIEVING REGULAR MEN - ALLOWANCE

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

COMBINED ASSIGNMENT MAIN AND
BRANCH LINE

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

MILEAGE ALLOWANCES

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

DIVERSIONS

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

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

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

PAY FOR TERMINAL WORK

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

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

NON-INCIDENT WORK

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

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

SPECIAL ALLOWANCE, ASHLAND

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

SPECIAL ALLOWANCE, MINNEAPOLIS

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

CONSTRUCTIVE MILEAGE

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

Livingston and Bozeman,
Whitehall and Butte,
Helena and Elliston,
Missoula and Arlee,
Easton and Lester.

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

DETOURING

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

TRAIN BOXES AND SUPPLIES

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

SWEEP COACHES

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

LOAD OR UNLOAD BAGGAGE

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

PILOTING LIGHT ENGINES ON ROAD

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

PILOTING ENGINES TO AND FROM ROUNDHOUSE

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

RUNS OVER MORE THAN ONE DIVISION

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

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

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

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

REARRANGEMENT OF ASSIGNMENTS

Rule 21. The following paragraphs are adopted from Article IV, Supplement 16 to General Order No. 27 of the United States Railroad Administration:

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

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

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

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

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

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

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

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

PERFORMING BAGGAGEMAN'S DUTIES

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

HANDLING U. S. MAIL, BAGGAGE AND EXPRESS

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

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

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

ARTICLE II

FREIGHT SERVICE RATES OF PAY

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

BASIC DAY AND OVERTIME

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

(b) On runs of 100 miles or less overtime will begin at the expiration of 8 hours; on runs of over 100 miles overtime will begin when the time on duty exceeds the miles run divided by 12 1/2. Overtime shall be paid for on the minute basis, at a rate per hour of three-sixteenths of the daily rate.

BEGINNING AND ENDING OF DAY

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

SINGLE DAY WORK TRAIN, OR SNOW PLOW ASSIGNMENT

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

(b) It is permissible in case of a wreck to continue a crew assigned to wrecking service in that service until wreck is cleared without incurring a penalty for run-arounds in case of crews already at terminals in and out of which the wrecking crew may run. This applies to wrecks and not where wrecking outfit is used in other than wrecking service.

TURN-AROUND RUNS

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

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

Note: The turn-around point will be considered an intermediate point.

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

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

COMBINATION ROAD-SWITCH RUNS

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

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

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

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

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

Example 1:

Crew comes on duty at 7:00 A.M.
Relieved at 3:00 P.M.
Allowance, 112 miles.

Example 2:

Crew comes on duty at 7:00 A.M.
Relieved at 4:00 P.M.
Allowance, 113 1/2 miles at the mileage rate plus one hour overtime at 3/16 of the daily rate.

Example 3:

Crew comes on duty at 7:00 A.M.
Relieved at 5:00 P.M.
Allowance, 115 miles at the mileage rate plus two hours overtime at 3/16 of the daily rate.

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

TRANSFER SERVICE, AUBURN, SEATTLE
AND TACOMA, BILLINGS AND LAUREL

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

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

(c) No penalty will result if one crew enters the home terminal of another crew and leaves again before the expiration of the 8-hour period when other crews are in the terminal.

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

MOUNTAIN SERVICE

Rule 30. (a) Freight trainmen assigned to mountain service or used on turn-around runs between:

Livingston and Bozeman,
Whitehall and Butte,
Helena and Elliston,
Missoula and Arlee or Dixon,
Wallace, Burke and Sunset,
St. Regis and Wallace,
Howell and Kendrick,
Zangar Junction and Helix,
Smeltz and Duroc,
Cle Elum and Lester,

will be paid the mountain rate named in Rule 23 of this Article.

CONSTRUCTIVE MILEAGE ALLOWANCES

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

Livingston and Bozeman,
Helena and Elliston,
Missoula and Arlee or Dixon,
Easton and Lester,
Whitehall and Butte,
Saltese and Wallace,

Six constructive miles between:
Howell and Kendrick,

and eight constructive miles between:
Zangar Junction and Helix,
Smeltz and Duroc.

MIXED TRAIN SERVICE

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

LOCAL FREIGHT SERVICE

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

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

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

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

SNOW PLOW SERVICE

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

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

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

CIRCUS TRAINS

Rule 34. Trainmen handling circus or theater trains that stop to exhibit will, except on the last move, be paid not less than 12 hours 48 minutes or 160 miles at through freight rate for each move, including loading and/or unloading of circus or theater; overtime at 3/16 of the daily rate will be allowed for time in excess of 12 hours 48 minutes and if the mileage exceeds 160, overtime will begin when the time on duty exceeds the miles run divide by 12 1/2.

On the last move, if less than 12 hours 49 minute is used, actual time or miles will be paid with minimum of 100 miles; overtime at 3/16th of the daily rate will be allowed for time in excess of 8 hours and if the mileage exceeds 100, overtime will begin when the time on duty exceeds the miles run divided by 12 1/2.

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

DOUBLING HILLS, RUNNING FOR WATER, ETC

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

Examples:

(1) Distance, 115 miles; required to double, 5 miles; total actual miles, 125.
Allowance, 125 miles at the mileage rate plus overtime, if any, accruing after 10 hours.

(2) Distance, 90 miles; required to double, 4 miles; total actual miles, 98.
Allowance, 100 miles.

(3) Mileage, same as shown in Example 2; crew on duty, 10 hours.
Allowance, 100 miles at mileage rate, plus 2 hours overtime at 3/16th of the daily rate.

MILEAGE ALLOWANCES

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

(b) Northtown. Eastbound St. Paul Division freight trainmen, on trains terminating in "A" Yard, 1 mile. On freight trains between Northtown and Staples received or delivered in the "D" Yard, 1.6 miles. On freight trains between Northtown and Staples received or delivered in the Grove Yard, 1.8 miles.

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

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

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

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

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

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

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

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

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

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

(m) Paradise. Westbound via St. Regis, freight trainmen, 1 mile.

(n)Yakima. Trainmen between Auburn and Yakima on freight trains received or delivered in the new train yard at Yakima east of the passenger station, 1 mile.

(o)Seattle. Trainmen on freight runs between Seattle and Portland, 3.8 miles on movements made from roundhouse to Middle Yard via Argo, or in reverse direction, from Middle Yard to roundhouse via Argo.

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

SIDE OR LAP BACK TRIPS

Rule 38. (a) Trainmen required to do switching at terminals will be paid for time so employed on the basis of one-eighth of the daily rate per hour. When overtime accrues, the allowance for switching or the overtime, whichever is the greater, will be paid.

Examples:

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

(2) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 4:00 P.M.
Compensation, 100 miles plus 2 hours’ switching at one-eighth of the daily rates, such allowance being greater than 1 hour overtime at one and one half time.

(3) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 4:20 P.M.
Compensation, either 100 miles plus 2 hours’ switching at one eighth of the daily rate or 100 miles and 1 hour 20 minutes road overtime at 3/16th of the daily rate per hour, because the money value of the terminal allowance and the money value of the road overtime at 3/16th of the daily rate are equal.

(4) Required to report at A, 7:00 A.M.; switches at A until 9:00 A.M.; leaves A at 9:00 A.M. and runs to B, 100 miles; relieved at B, 5:00 P.M.
Compensation, 100 miles plus 2 hours’ overtime at 3/16th of the daily rate per hour. In this case the money value of the road overtime at 3/16th of the daily rate exceeds the allowance of 2 hours’ switching at one-eighth of the daily rates.

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

TURNING ENGINES OR CARS

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

INITIAL TERMINAL DELAY FREIGHT SERVICE

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

DILWORTH

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

SPECIAL PASSENGER TRAINS

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

HANDLING PASSENGER TRAINS OR
EMPTY EQUIPMENT

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

ASSIGNMENTS

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

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

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

ADDITIONAL RUNS. HOW PAID

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

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

WORKED OR HELD ON THEIR LAY-OVER DAY

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

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

NOTIFICATION OF ASSIGNMENT

(f)Trainmen assigned to work or snow plow service will be notified of such assignment when called. Such assignments will consist of six (6) days or more. If such service is to be less than six (6) days, paragraph (a), Rule 66 of Article III, will govern.

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

GUARANTEE

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

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

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

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

Example 1:

Crew regularly assigned in freight service between A and B.
Leave A at 7:30 A.M. Mondays, Wednesdays and Fridays.
Leave B at 9:00 A.M. Tuesdays, Thursdays and Saturdays.
Layover Sunday at A.

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

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

Example 2:

Crew regularly assigned in freight service between A and B.
Leave A at 8:00 P.M. Sundays, Tuesdays and Thursdays.
Leave B at 3:00 P.M. Mondays, Wednesdays and Fridays.
Layover Saturday at A.
Crew on Friday (6th day) is held at B and not ordered to leave B until after midnight.

Allowance, same as Example 1.

Example 3:

Crew regularly assigned in freight service between A and B, on turn-around run A to B and return, daily except Tuesday.
Leave A at 7:30 P.M.
Layover at A on Tuesdays.
Crew on Monday (6th day) is held at A and not ordered to leave until after midnight.

Allowance, same as Examples 1 and 2.

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

THROUGH FREIGHT GUARANTEE

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

Note: When road overtime is used to make up the guaranteed mileage under this rule, it will be figured an basis of 12 1/2 miles per hour.

SERVICE OUT OF EAST GRAND FORKS

Rule 46. (a) Five (5) crews will be assigned between Lake Park and Pembina to trains 633, 748, 752, 129, 130 and one Extra East (East Grand Forks to Lake Park, Sunday only) and will run first in, first out of East Grand Forks,

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

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

Example: Trainmen assigned to fill vacancy on regular car 15 days in 30-day month;
Makes 1,200 actual miles;
Car makes 2,600 actual miles that month;
Entitled to 15/30 of 2,600 miles, or 1,300 miles.

(d) The above will govern except during the fall grain shipping season, when it is necessary place additional crews in service to handle the business. During such period crews will be run in pool first in, first out of East Grand Forks and will be permitted to make the money equivalent to 3000 miles per month at through freight rates exclusive of all other allowances, except road overtime, or be paid therefor.

(e) Except as provided in paragraph (d) of this rule, extra crews run on the Red River Branch will not be pooled with regularly assigned crews, but will be handled independently and will not interfere with the regularly assigned service.

Note: Rule 61 of Article III applies.

SWITCHING LIMIT ZONES

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

Head of the Lakes,
Twin Cities,
Dilworth, Moorhead and Fargo.

Marked by switching limit boards:

Duluth, Superior, Central Ave. and Superior East End, one Zone
St. Paul, Minneapolis and Northtown, one zone.
Dilworth, Moorehead and Fargo, one zone.

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

TRANSFERS LAKE SUPERIOR DIVISION

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

TRANSFERS ST. PAUL DIVISION

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

WORK TRAIN WORK

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

SWITCHING SERVICE AT INTERMEDIATE
POINTS

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

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

SWITCHING SERVICE FOR NEW INDUSTRIES
AND CHANGING SWIITCING LIMITS

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

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

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

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

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

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

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

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

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

FREIGHT SERVICE BETWEEN ST. PAUL AND
DULUTH, HOW PAID

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

FREIGHT SERVICE BETWEEN E. GRAND
FORKS, PEMBINA AND EMERSON, HOW PAID

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

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

Examples:

1. Report for duty at Duluth 7:00 A.M.
Leave Central Ave 9:00 A.M.
Arrive St. Paul 8:30 P.M.
Actual mileage Central Avenue to St. Paul, 150.
Allowance:150 miles at mileage rate plus 2 hours zone time at one-eighth of the daily rate per hour.

2. Same train arrives St. Paul. 9:30 P.M.
Switches 1 hour, tying up at. 10:30 P.M.
Actual mileage Central Avenue to St. Paul, 150.
Allowance: 150 miles at mileage rate plus 2 hours zone time at one-eighth of the daily rate per hour. (Road time Central Avenue to St. Paul, 13'13") or 1'30" overtime at three-sixteenths of the daily rate, which is greater than 1 hour for terminal switching at St. Paul at one-eighth of the daily rate.

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

3. Report for duty at St. Paul. 7:00 A.M.
Arrive Central Avenue 5:00 P.M.
Arrive Duluth and ties up 7:30 P.M.
Actual mileage St. Paul to Central Avenue, 150.

Allowance: 150 miles at mileage rate plus 2'30" zone time at one-eighth of the daily rate per hour, which is greater than 30 minutes road overtime at three-sixteenths of the daily rate.

4. Report for duty at St. Paul.7:00 A.M.
Arrive Central Avenue 7:30 P.M.
Arrive Duluth and ties up 9:30 P.M.
Actual mileage St. Paul to Central Avenue, 150.
Allowance: 150 miles at mileage rate and 2'3O" overtime at three-sixteenths of the daily rate, which is greater than 2 hours zone time at one-eighth of the daily rate.

DOUBLE-HEADERS AND HELPERS

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

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

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

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

(e) Helpers will be used between the following points:

Duluth and Sawyer.
Duluth and Otter Creek. The tonnage rating of trains between Duluth and Sawyer and between Duluth and Otter Creek, will not exceed rating of road engine over the division.
St. Paul and Claymont.
East Minneapolis and point 2 1/2 miles toward White Bear.
Stillwater and point two miles out.
St. Paul and Minneapolis.
Little Falls and Lincoln.
Brainerd and point three miles toward St. Paul.
Koldok and Peak, and Peak and Berea via Valley City; with limitation of capacity of one locomotive between Dilworth and Koldok and between Peak or Berea and Jamestown.
Jamestown and Bloom.
Jamestown and Windsor.
Jamestown and Parkhurst.
Jamestown and point one and one-half miles south on James River Branch.
Mandan and Bismarck.
Livingston and Bozeman. In case of wrecks, snow blockades or washouts, rendering low line via Powers between Logan and Bozeman impassable, helpers may be used to assist eastward freight trains Logan to Bozeman via Manhattan on first subdivision, with limitation that no more tonnage is hauled than road engine handles regularly via the low line.
Townsend and Helena; with limitation that no more tonnage is taken out of Townsend than two engines will take Livingston to Bozeman.
Whitehall and Butte.
Helena and Garrison; with limitation that no more tonnage is taken from Garrison than two engines will take into Blossburg.
Stuart and Butte.
Missoula and Dixon.
Saltese and Wallace.
Spokane and Cheney.
Sprague and Tyler.
Cunningham and Providence.
Pasco and Badger; with limitation that no more tonnage is hauled with the aid of helper between these two points than the road engine can haul over the balance of the freight district.
Kendrick and Howell.
Easton and Lester.
Two engines may be used Auburn to Lester, via old or new line, and three engines Lester to Easton. On such trains twenty-eight miles constructive mileage will be allowed in addition to present mileage allowance. On all other trains, existing rates and conditions will govern.
It is not the intent of this rule to run turnarounds into Lester for the purpose of filling out eastward trains at Lester.
South Prairie and Buckley.
South Prairie and Wilkeson.
South Prairie and Carbonado.
Tacoma and South Tacoma.
Centralia and Castle Rock; with limitation that no more tonnage is hauled with the aid of helpers between these two points than the road engine can haul between Tacoma and Centralia.
Tenino and Rainier.
Pe Ell and Francis.
Woodinville and Snohomish.
Nisqually and Fort Lewis.
Bellingham and Larson.
Wickersham and Park.

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

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

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

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

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

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

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

Approved:

/s/ C. H. Burgess
Assistant General Manager

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

/a/ I. P. Iversen
Superintendent

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

/s/ P. K. Byers
General Chairman B. of R.T.

/s/ R. G. Baker
Local Chairman D. of R.T.

CABOOSES

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

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

EXPERIENCED BRAKEMEN ON LOCALS

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

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

THREE BRAKEMEN ON MAINLINE LOCALS

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

Lake Superior Division:
Duluth and St. Paul
Duluth and Staples.

St. Paul Division:
Northtown and Staples.
Staples and Dilworth.

Fargo Division:
Dilworth and Jamestown.
Jamestown and Mandan.

Yellowstone Division:
Mandan and Livingston.

Rocky Mountain Division:
Livingston and Helena or Butte.
Helena or Butte and Paradise via St. Regis.

Idaho Division:
Paradise and Spokane.
Spokane and Yakima

Tacoma Division:
Yakima, Seattle or Tacoma.
Seattle and Sumas via Belt Line.
Tacoma and Portland.
Buckley Line.

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

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

NOTIFIED WHEN TRAIN IS MADE UP

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

DOUBLE LOADS AND DRAW BARS

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

NOT REQUIRED TO RIDE OUT

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

NOT DUTY TO HANDLE WORK TRAIN APPURTENANCES

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

CONSTRUCTIVE MILEAGE, WHEN PAID

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

SHORT TRIPS ACCOUNT ACCIDENT,
RUNNING FOR WATER, ETC.

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

ARTICLE III
GENERAL RULES
PASSENGER AND FREIGHT

MORE THAN ONE CLASS OF ROAD SERVICE

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

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

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

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

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

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

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

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

Answer. No.

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

Answer. No.

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

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

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

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

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

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

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

Note: Paragraph (a) of Rule 60 and example appearing thereunder were adopted from the Cheney Award dated August 1, 1951. In accordance with the examples, Rules 9 (d) and 43 (d) and other rules appearing in this Schedule, which were adopted prior to August 1, 1939, are unaffected.

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

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

(c) Trainmen in work, snow plow or wrecking service, running over mountain and valley territory or working part of day in mountain and part of day in valley territory, will be paid mountain rate for entire service.

WORK TRAIN AGREEMENT
Dated Effective June 1, 1949
(Applicable to Trainmen)

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

(1) Train and engine crews may be required to perform work train service in connection with a trip or day’s work in through freight, local freight, mixed train service or other service to which freight rates and rules apply and when so used will be paid for the time consumed in performing work train service on the minute basis with a minimum of two hours in the aggregate as applied to the entire day or trip at 1/8th of the basic daily rate (through freight, local or mixed train rate) per hour applying to the trip or day’s work but not less than 1/8th of the basic work train rate per hour applicable to the territory where work train service is performed. Such payment will be made in addition to payment for the road trip without deduction therefrom in computing road overtime.

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

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

(2) Work train service shall include all types of work train service classified as such, which for the purpose of this agreement, shall include thawing out culverts or waterways, pipe lines, water tanks, water columns, etc.; loading and/or unloading, distributing and spreading any material used in connection with construction or maintenance of track, roadway, bridges, buildings or other appurtenances of the Railway Company such as, but not limited to, gravel, ballast, cinders, rails, ties, bridge and culvert material, telegraph and signal material, etc., including retailing of cars or engines, wrecking service, and/or snow plow service, subject to the exceptions hereinafter provided for in paragraphs (3) and (4).

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

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

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

(c) When it is necessary to detach an engine equipped with a pilot plow and/or flanger or detach an engine and plow from the train, where such equipment is operated as described in paragraphs (a) and (b) of this section (4), for the express purpose of flanging or removing snow from the main track to permit the train to proceed, or for the express purpose of flanging or removing snow from any track that would not otherwise be used in the usual performance of service incident to the trip or day’s work,train and engine crews will be paid therefor under the provisions of Section (1) of this agreement; and provided that such arbitrary allowance shall be paid for at not less than 1/8th of the basic daily rate per hour applicable to snow plow service in the territory where such service is performed.

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

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

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

HELD AT OTHER THAN HOME TERMINAL

Rule 61. Adopted from Agreement of November 21, 1947, effective January 1, 1948:

Trainmen in pool freight and in unassigned service held at other than home terminal will be paid on the minute basis for the actual time so held after the expiration of sixteen hours from the time relieved from previous duty at a rate per hour of 1/8th the of the daily rate paid them for the last servic performed. If held sixteen hours after the expiration of the first a twenty-four hour period from the time relieved, they will be paid for the actual 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.

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

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

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

FREIGHT AND PASSENGER SERVICE BILLINGS - LAUREL

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

EQUALIZATION OF MILEAGE, LAUREL - FORSYTH

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

TIME SLIPS

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

(b) When time of trainmen is short time check to cover shortage will be issued on request if shortage amounts to one dollar ($1.00) or more.

(c) Time claims that are settled by the Committee and the officers of the company will be paid by time check promptly.

CALLING LIMITS, ETC.

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

CALLED AND NOT USED

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

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

CREWS, FIRST IN, FIRST OUT

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

Extra lists will be maintained at the following points:

Tacoma Division:
Tacoma for Tacoma Roster trainmen.
Seattle for Passenger trainmen.
Auburn for Seattle Roster freight trainmen.

Idaho Division:
Pasco for Idaho Division-West freight trainmen.
Spokane for Idaho Division-West passenger trainmen.
Yardley for Idaho Division-East trainmen.

Rocky Mountain Division:
Missoula for Rocky Mountain Division-West trainmen.
Livingston for Rocky Mountain Division-East (Old Montana) freight trainmen.
Billings for Rocky Mountain Division-East (Old Montana) passenger trainmen.

Yellowstone Division:
Forsyth for Yellowstone Fourth Subdivision.
Glendive for Yellowstone Third and Seventh Subdivisions.
Dickinson for Yellowstone Second and Sixth Subdivisions.
Mandan for Yellowstone First Subdivision and branches.

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

St. Paul Division:
Staples for St. Paul (Old Minnesota) Division, except that extra list may be maintained at East Grand Forks for Red River Branch crews.
Minneapolis for St. Paul Division-East freight trainmen.
St. Paul for passenger trainmen.

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

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

It is agreed that all extra passenger work will be filled from the Northtown extra board by brakemen equipped with passenger uniforms in the order of their relative standing on the extra board and that no claim will be made for deadhead mileage to and from Northtown. Extra passenger brakemen from the Second District working out joint mileage are not to be affected by this agreement. This agreement maybe cancelled by either party on five days’ notice.

/s/ P K. Byers
Local Chairman, B. of R.T.

/a/ T. M. Flynn
Superintendent

VACANCIES OF MORE THAN SIX DAYS

(c) When it is reasonably certain that a vacancy will be for a period of more than six (6) days, the senior trainman applying for same will be assigned at once, except as provided in Rule 89 of this Article.

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

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

INTERPRETATION OF MARCH 1, 1923

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

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

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

In applying the foregoing it is understood that it is not intended in any manner to affect the provisions of Rule 89, Article III on divisions where the bulletin rule is in effect by agreement between the division officers and the local representatives of the men.

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

RUN AROUNDS - EXTRA TRAINMEN

(d)Extra trainmen run around at terminals account not being called in turn will be paid for one-half of one day each time run around and stand first out, except that trainmen on extra list who have not had the legal rest period will not be paid for run arounds occurring during such period.

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

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

CREWS RUN AROUND

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

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

Note: Sections (e) and (f) of this rule do not apply to crews assigned to regular runs, but do apply to crews in pool service.

SET-UP CREWS

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

REPORTING FOR DUTY

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

This rule does not apply to trainmen returning to the extra list, nor to trainmen returning to a position which is being filled by extra men under paragraph (b) of Rule 66.

COUPLING STEAM OR AIR HOSE

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

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

USED AS CONDUCTOR AND BRAKEMAN

Rule 69. Trainmen used as both conductor and brakeman on same trip will be paid not less than the minimum day in each class of service.

RUN OFF OWN DIVISION

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

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

COALING ENGINES

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

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

PILOTING

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

PAID FOR TIME HELD OFF RUN

Rule 73. If a trainman is held off his regular car or run for any cause or is denied a run his seniority entitles him to, he will not be used in other service if other trainmen are available, and will be paid not less than he would have earned had he gone out on his run.

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

DEADHEADING

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

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

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

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

(e) Trainmen first out will deadhead; trainmen second out will perform service; trainmen deadheading will be first out at end of run.

(t) When necessary to cut out a crew between terminals the crew deadheading that would stand first out at end of run will be cut off.

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

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

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

A trainman going to take a run at his own request, to which he is entitled through seniority, will not be paid for deadheading to take the run.

(i) A trainman going to take a run at an isolated point at his own request displacing a trainman that has been sent to relieve the regular man, will not be entitled to deadhead mileage returning to headquarters unless he is displaced by the regular man or by a trainman senior to the regular man.

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

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

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

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

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

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

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

ATTENDING COURT

Rule 75. Trainmen attending court at request of an officer of the Railroad will be paid full amount they would have received at their regular work, but not less than a full day’s pay in their class for each calendar day. If away from home station, legitimate expenses will be paid; time and expenses to be certified to by Railroad’s attorney.

LOSS OR DAMAGE TO EQUIPMENT

Rule 76. Trainmen will not be obliged to pay fines for loss or damage to equipment.

NOTIFICATION OF DEDUCTIONS

Rule 77. When deductions are made from trainmen’s pay, they will be given statement in writing if requested in writing.

MEALS ON DUTY

Rule 78. Time of trainmen will not be discounted for time required to get meals while on duty.

AUTOMATIC RELEASE

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

TIED UP ON ROAD

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

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

(c) Trainmen on work train or snow plow assignments of less than six days will not be tied up between terminals prior to the expiration of ten hours’ service. If tied up prior to ten hours, time for ten hours’ service will be allowed.

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

Note: The assignment mileage allowed under paragraph (d) will apply against the guarantee. It is understood that individual members of the crew may be required to remain on duty at alternate periods to look after the ordinary care of the train while tied up between terminals.

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

Examples Applying to Unassigned Freight Service:

(1)

• Run 80 miles in 3 hours
  
  • (11:00 A.M. to 2:00 P.M.)....................80 miles
    
• Tied up 2:00 P.M. to 10:00 PM........................ 100 miles
  
• Continued tied up until 6:00 A.M.
  Run to end of run (40 miles) in 4 hours,
  6:00 A.M. to 10:00 A.M.................................... 100 miles
  • Total allowance.......................... 280 miles

(2)

• Run 40 miles in 3 hours
  
  • (7:00 A.M. to 10:00 A.M.)............ 40 miles
    
• Tied up 10:00 A.M. to 7:00 P.M., 9 hours.......... 100 miles
  
• Run to end of run (40 miles)
  in 4 hours, 7:00 P.M. to 10:00 P.M................ 50 miles
  • Total allowance.......... 190 miles

(3)

• Run 40 miles in 3 hours
  
  • (7:00 A.M. to 10:00 A.M.)................. 40 miles
    
• Tied up 10:00 A.M. to 6:00 PM.............. 100 miles
  
• Continued tied up until 12:00
  midnight 2^nd day (30 hours)......... 100 miles
  
• Run to end of run (40 miles)
  in 4 hours, 12:00 midnight
  to 4:00 A.M............................... 100 miles
  • Total allowance............ 340 miles

(4)

• Run 40 miles in 4 hours
  
  • (6:00 A.M. to 10:00 A.M.)............ 50 miles
    
• Tied up 10:00 A.M. to 6:00 P.M...................... 100 miles
  
• Continued tied up until 2:00 A.M.,
  third day (32 hours).................................... 100 miles
  
• Run to end of run (80 miles) in 3 hours,
  2:00 A.M. to 5:00 A.M................................ 100 miles
  
  • Total allowance

Examples Applying to Assigned Freight Service:

(1) Length of run 126 miles.

• Run 80 miles in 6 hours
  
  • (8:00 A.M. to 2:00 P.M.)................ 125 miles
    
• Tied up 2:00 P.M. to 10:00 P.M................. 100 miles
  
• Continued tied up until 6:00 A.M.
  Run to end of run (45 miles) in 4 hours,
  6:00 A.M. to 10:00 A.M........................... 125 miles
  • Total allowance 350 miles

(2) Length of run 100 miles.

• Run 40 miles in 3 hours
  
  • (7:00 A.M. to 10:00 A.M.)................ 100 miles
    
• Tied up 10:00 A.M. to 6:00 P.M..............100 miles
  
• Continued tied up until 12:00
  midnight second day (30 hours)...................100 miles
  
• Run to end of run (40 miles)
  in 4 hours, 12:00 midnight to 4:00 A.M........................100 miles
  
  • Total allowance................ 400 miles

(3) Length of run 125 miles.

• Run 80 miles in 11 hours
  
  • (4:00 A.M. to 3:00 P.M.)............... 125 miles
    
  ...............................................1 Hr. O.T.
  
• Tied up 3:00 P.M. to 11:00 P.M.......................... 100 miles
  
• Run to end of run (45 miles)
  in 4 hours, 11:00 P.M. to 3:00 A.M..................... 125 miles

  Total allowance...................... 350 miles
  ...............................................Plus 1 Hr. O.T.

(4) Length of run 120 miles.

• Run 40 miles in 4 hours
  
  • (6:00 A.M. to 10:00 A.M.). . 120 miles
    
• Tied up 10:00 A.M. to 6:00 P.M...................... 100 miles
  
• Continued tied up until 2:00 A.M.
  third day (32 hours)................ 120 miles
  
• Run to end of run (80 miles) in
  3 hours, 2:00 A.M. to 5:00 A.M................. 120 miles

  • Total allowance...... 460 miles

(f) When local or mixed train trainmen are compelled to tie up for rest they will not be paid for resting time, but will be allowed full day at their regular rates for second day required to complete the run.

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

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

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

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

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

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

(k) Road crews tied up under the law will be paid the time or mileage of their schedule from initial point to tie-up point. When such crew resume duty on a continuous trip, they will be paid from the tie-up point to the terminal, on the following basis: for fifty (50) miles or less or four (4) hours or less, one half day; for more than fifty (50) miles or more than four (4) hours actual miles or hours, whichever is the greater, with a minimum of one day. It is understood that this paragraph does not permit crews to be run through terminals.

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

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

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

EXPERIENCED MEN GIVEN PREFERENCE

Rule 81. (a) In the employment of trainmen experienced men shall be given preference.

FILING APPLICATIONS FOR EMPLOYMENT

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

SERVICE LETTERS

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

INTERCHANGEABLE SENIORITY RIGHTS
TRAIN AND YARD SERVICE

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

SENIORITY DISTRICTS

Section 1. Effective December 1, 1953, interchangeable seniority rights will be established for trainmen (brakemen) and yardmen (yard foremen and helpers) as hereinafter provided for on each of the seniority districts as described in paragraphs (a) to (l), inclusive, of this Section 1.

a. Lake Superior Division, including Duluth-Superior, Brainerd, Cloquet and Bemidji Yards.

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

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

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

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

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

g. District known as the Old Montana Division, including Billings, Laurel, Livingston, Butte and East Helena Yards.

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

i. Idaho Division (East), including Yardley-Spokane Yard.

j. Idaho Division (West), including Pasco Yard.

k. Tacoma Division (Seattle District). Including Yakima, Auburn, Seattle and Everett Yards.

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

PRIOR RIGHTS

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

Seniority rosters will be prepared for each seniority district showing the names and seniority dates of brakemen with prior rights in road service on the respective seniority districts as of the close of the day preceding November 1, 1953. Seniority rosters will be prepared showing the names and seniority dates of yardmen (yard foremen and helpers) with prior rights in yard service at the respective yards where employed as of the close of the day preceding November 1, 1953. These rosters will be captioned, "Prior Right Trainmen", or "Prior Right Yardmen", whichever is appropriate, "as per agreement dated October 27, 1953."

Trainmen or yardmen employed prior to the close of the day preceding November 1, 1953, if suspended on account of force reduction prior to the effective date of the agreement before having worked six (6) months, or an aggregate of 180 days of service in the previous 365 consecutive days, will be permitted to retain their seniority dates as of the last date of entering service prior to November l, 1953, so that they may retain prior rights as herein provided for, notwithstanding provisions to the contrary in Rules 90 (b) and 112 (b) of existing agreements, and amendments thereto, which were effective as of August 1, 1940, but provided they return to service within ten (10) days after being notified to do so by proper authority.

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

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

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

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

INTERCHANGEABLE SENIORITY RIGHTS

Section 3. (a)During the thirty (30) day period, preceding the effective date of this agreement, seniority rosters will be prepared, consisting of a separate roster for each of the seniority districts as described in Section 1 hereof. Each roster will designate the seniority district covered, and will be captioned, "Train and Yardmen in Service with Interchangeable Seniority Rights in Train and Yard Service, effective December 1, 1953, subject to the terms and conditions of Agreement dated October 27, 1953."

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

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

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

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

(b) Employes, commencing with the effective date of this agreement, may assert their seniority to road or yard service, or from one yard to another, on their seniority district, in accordance with their relative seniority standing, subject to prior rights of brakemen or yardmen as provided for in Section 2 hereof, and subject to the conditions prescribed in Section 4 hereof.

EXERCISE OF INTERCHANGEABLE
SENIORITY RIGHTS

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

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

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

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

No employe who has transferred to yard service will be permitted to return to road service until expiration of the six (6) months’ period if his seniority entities him to a regular position service on his seniority district.

An employe reduced to the status of man in the yard to which he has assigned himself may elect to remain on the extra list at a such yard in preference to exercising his seniority as a regular yardman at another yard on his seniority district.

An employe in yard service reduced to the status of an extra man, and whose seniority will not permit him to hold regular yard service on his seniority district, who elects to work extra in yard service the first day following the loss of regular status, must except as otherwise provided, remain on such extra list for at least seven (7) consecutive calendar days.

(d) Except as may be mutually agreed upon, employees covered by this agreement affected by force reduction will not be furloughed until such employes have exhausted their seniority in both road or yard service. Such employes must assert their seniority and remain in service as long as their seniority permits them to hold service, either regular or extra, on the district where they hold rights.

EXTRA BOARDS - EXTRA LISTS

Section 5. (a) Separate extra boards covering road service and extra lists covering yard service, respectively, will be maintained and regulated in accordance with applicable schedule rules. Extra lists covering yard service will be regulated consistent with service requirements.

Note: In instances where because of the limited amount of work involved separation of such boards and extra lists is not practicable, the matter shall be negotiated and reasonable arrangements entered into for the operation of a common extra board.

(b) Employes selecting yard extra lists will remain on same for at least seven (7) consecutive calendar days, except when cut off by reduction in force, when required to protect their seniority as yardmasters, or as conductors, or when exercising seniority to a regular assignment in yard service.

DEADHEADING

Section 6. It is understood and agreed that the terms of this agreement shall not be construed as changing any of the provisions contained in the existing Train and Yardmen’s Schedule concerning deadheading or payments for deadheading affecting employes in road service, or affecting employes in yard service. It is understood and agreed that deadheading resulting from the exercise of interchangeable seniority rights by employes transferring from road to yard service, or from yard to road service, or from one yard to another, will not be paid for.

GENERAL

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

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

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

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

CHOICE OF RUNS IN ROAD SERVICE

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

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

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

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

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

DIVISION RIGHTS

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

PROMOTING BRAKEMEN

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

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

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

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

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

(f) Yardmen will have no rights in train service except as otherwise provided.

(g) In case of emergency, trainmen on road extra list may work in yard service, but will be marked up on the trainmen’s extra list after completing their day’s work.

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

(i)When it becomes necessary to increase the force of conductors on any division, one conductor will, when available, be hired to three brakemen promoted. When hiring conductors under this rule, conductors in service as brakemen will be given preference. No conductor will be hired under this rule who has not had at least two years’ experience as conductor on a steam surface railroad.

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

PROMOTION AND DEMOTION OF OONDUCTORS HIRED OR PROMOTED

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

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

Conductors may not voluntarily relinquish their rights as Conductors and assert seniority as brakemen, without losing their rights as conductors thereby.

Note: In extraordinary or unusual cases exceptions to the last paragraph of section (k) may be made by agreement between the General Chairman of the Brotherhood of Railroad Trainmen and the Management.

ELECTRIC OR MOTOR SERVICE

Rule 83. Where steam power is supplanted by electric or motor service the rules and rates contained herein will apply.

RIGHTS INTERCHANGEABLE,
PASSENGER AND FREIGHT

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

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

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

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

TRANSFER TO OTHER DIVISIONS

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

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

(c) Such men will not be paid while enroute from one point to another and will have the privilege of returning to original yard or division when request is made if made prior to expiration of six (6) months as provided for in paragraph (a) of this rule.

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

TRANSPORTATION OF HOUSEHOLD GOODS

Rule 86. When trainmen are obliged to transfer from one point to another on account of change of division or on account of changing runs, free transportation will be furnished for their household goods.

SEPARATION OR CONSOLIDATION
OF DIVISIONS

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

ACQUIRING NEW LINES

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

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

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

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

BULLETINED RUNS

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

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

(c) Temporary vacancies of more than fifteen (15) days will be bulletined. The man assigned under bulletin will hold run until the regular man returns or vacates the run.

(d) Temporary vacancies of six (6) days or less at isolated points on assigned runs will be filled from the extra list of trainmen standing first out, who will hold such run for six (6) days or until the regular man returns provided this does not exceed six (6) days. If vacancy is over six (6) days it will be filled by the senior trainman applying for same, who will hold this vacancy until regular man returns or assignment is made by bulletin.

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

(f) Trainmen assigned to a position as conductor for a period of less thin sixty (60) days shall, when returning to service as brakeman, return to the assignment he has vacated, except he will be permitted to exercise his seniority by taking any position that became vacant during the time he was filling temporary vacancy.

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

(h) Any trainman who is displaced through no fault of his own, may have choice of runs in accordance with his seniority, but must make choice within seven (7) days from date he was displaced.

Note: Bulletined assignments may be discontinued upon thirty (30) days’ notice by either party to this agreement.

LEAVE OF ABSENCE

Rule 90. (a) Except in case of sickness or disability and as provided for in this rule, leave of absence exceeding eighteen (18) months will not be granted within any two-year period.

SUSPENDED LIST

(b) Trainmen on suspended list account reduction in force, who have been in service as such six months or more, may hold their seniority rank and be granted leave of absence provided they return to work when requested by proper authority

A trainman placed on the suspended list account reduction in force who has been in service as such less than six months, but who in the previous 365 consecutive days was in service an aggregate of 180 days will, if he returns to service as trainman within ten days after being notified to do so by proper authority, retain the seniority date which he acquires by his last entrance into the service. The term "in service an aggregate of 180 days" means 180 days during a period of 365 consecutive days during which such an employe was not on the suspended list on account of reduction in force.

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

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

Men who are returned to service and who report for service within ten days after being notified to do so, will be considered as having reported service in the order of their original employment.

Note 2: Provisions of Rule 81(b) are not in any way changed by the second paragraph of 90(b) or by the provisions of Note 1.

INTERPRETATION OF MARCH 30, 1921
Concerning Rule 119, Article III of the Conductors’
Schedule, and Rule 90, Article III of the
Train and Yardmen's Schedule

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

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

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

SERVING ON COMMITTEES

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

ASSIGNED TO OTHER DUTIES

(d) In case a trainman is assigned to a position other than in train service, or is employed by the Order of Railway Conductors or the Brotherhood of Railroad Trainmen, his seniority rights as trainman will not be impaired by reason of such assignment, or employment, and his rank on the Trainmen’s list will be such as he would have gained had he been continuously employed in train service.

INVESTIGATIONS

Rule 91. Trainmen charged with offenses involving suspension or discharge will be promptly advised the nature of such offense in writing, and no trainman will be discharged, suspended, or given record suspension, without full investigation at which all parties interested will be notified to be present, and at which any trainman under investigation may be represented by an employe of his choice, and both will be permitted to be present and offer evidence and also to hear all evidence submitted at investigation. Decision to be rendered in writing.

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

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

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

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

FRUIT, BERRY, FISH ETC., SPECIALS

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

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

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

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

Examples:

A. The........ Division has more or less extra passenger work to do, and makes up an extra crew to do it, the members of the crew being withdrawn from freight service during the time they are assigned to do this extra passenger work.

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

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

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

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

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

MOTT LINE AND MANDAN NORTH LINE

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

(b) In the event of one or both of these branch lines being extended westward and connected withbthe main line, the Fargo (Old Dakota) Division trainmen assigned to service on that particular branch line will no longer hold this arbitrary right to runs over Yellowstone Division trainmen, but will be required to transfer and assume their seniority rights in accordance with the schedule in effect.

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

(d) No rule or rules in this Schedule will operate to nullify, abrogate or obstruct the strict application of this rule.

ARTICLE IV

YARD SERVICE

Rates of Pay

Rule 96. (a) PerDay PerHour PerHour

Foreman $17.35 $ 2.17 $ 3.255
Helpers 16.50 2.0625 3.095
Switchtenders 14.95 1.87 2.805

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

PILOT SERVICE

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

ASSIGNED TO OTHER THAN YARD WORK

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

BASIC DAY

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

OVERTIME

(b) Regular Men: 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, all time worked in excess of 8 hours’ continuous service in a 24-hour period shall be paid for as overtime, on the minute basis, at one and one-half times the hourly rate. This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.

(c) Extra Men: Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours' continuous service in a 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:

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

(2)A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term "road service", as used in this paragraph (2), shall not apply to employes paid road rates, but governed by yard rules.)

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

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

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

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

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

Note 2: The adoption of this rule shall not affect any existing rule in the schedule of any individual carrier relating to service performed on a succeeding trick when an employe’s relief fails to report at the fixed starting time.

FIVE-DAY WORK WEEK

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

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

(b) Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1, the Carriers will, prior to the effective date, post notices or bulletins as required by schedule, bulletin rules or practices in effect.

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

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

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

(a) Listing regular assignments according to service requirements.

(b) After all known assignments for yard service employes have been posted, all yard service employes will be required to make seven choices of their preferred "days off" period and the local chairman and local officers will cooperate in assigning the employes their "days off" period in accordance with their seniority. After "days off" have been aasigned yard service employes will exercise seniority on the days of their work week in accordance with rules or practices in effect on individual properties or yards.

(c) After the "days off" periods have been assigned as referred to in Section 1(b)(2)(b) days off periods assigned to individual employes shall remain unchanged except when a vacancy occurs in a "days off" period, a new assignment is created, or when affected by a force reduction. Employes exercising seniority to other "days off" periods will be governed by the provisions of Section 11(b).

(d) Extra men will be handled in accordance with Section 6.

(3) The changes as enumerated above shall begin on the effective date of this Article 3, and employes may exercise seniority rights to select the assignment, or days off of their choice.

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

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

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

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

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

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

(e) Regular relief assignments for yard crews will be established for the crew as a unit, except in yards operating under strict seniority or mark-up rules. However, if an operational problem exists or arises which makes it impracticable to relieve regular or regular relief crews as a unit, or if either of the parties on a property desires, the designated days off need not be the same for individual members of a crew.

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

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

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

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

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

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

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

Regular or extra yard service employes bidding into road service, regular or extra, will not be permitted to work in road service other than as provided in the following paragraphs until the expiration of their work week in yard service. Employes on the yard extra board bidding in regular or regular relief assignments in yard service or employes on strict seniority or mark-up boards exercising seniority to different "days off" periods will be governed by the provisions of Section 11 of this Article 3.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Any tour of duty in road service shall not be considered in any way in connection with the application of the provisions of this Article 3, nor shall service under two agreements be combined in any manner in the application of this Article 3.

Section 9. This section of Article 3, Agreement "A", has been cancelled.

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

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

(b) An employe on a regular or regular relief assignment in yard service who takes another regular or regular relief assignment in yard service, or selects another "days off" period on a strict seniority or mark-up board in yard service, will be permitted to go on the assignment or "days off" period of his choice, and will take the conditions of that assignment or "days off" period, but will not be permitted to work more than five (5) straight time eight-hour shifts, as referred to in paragraph (d) of this Section, in the work week of the assignment or "days off" period which he had at the time he made his choice; provided, however, that if the foregoing would not permit such employe to work one or more days of the assignment of his choice, and if there is no extra man available who could be used to perform the work on those days, he may be used to work those days at the straight time rate.

(c) An employe on a yard extra board who takes a regular or regular relief assignment in yard service will be permitted to go on the assignment of his choice and will take the conditions of that assignment.

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

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

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

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

Car Retarder Operators
Hump Motor Car Operators (Chauffeurs)
Levermen
Switchtenders (sometimes classified as Switchmen)

(c) None of the provisions of this Article 3 relating to starting time shall be applicable to any classification of employes included within the scope of this Article 3 which is not now subject to starting time rules.

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

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

ASSIGNMENTS

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

STARTING TIME

Rule 100. (a) Regularly assigned yard crews shall each have a fixed starting time and the starting time of a crew will not be changed without at least 48 hours’ advance notice. Practices as to handling of transfer crews are not affected by this section.

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

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

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

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

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

(g) Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour from periods above provided.

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

(h)Exceptions to starting time may be agreed upon by the Superintendent and Local Committee, to cover local service requirements, subject to the approval of the General Manager and the General Chairman.

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

INTERPRETATION OF SEPTEMBER 1, 1920
CONCERNING RULE 100, ARTICLE IV

Question: A yard crew on the third shift starts work at 12 midnight January first. Should this crew be considered as having worked on that date or as having worked on January second, the following date?

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

CALCULATING ASSIGNMENTS AND
MEAL PERIODS

Rule 101. The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a unit without regard to preparatory or individual duties.

POINT FOR BEGINNING AND ENDING DAY

Rule 102. (a) Yard crews shall have a designated point for going on duty, and a designated point for going off duty. Pay of yardmen shall continue until they reach point at which they start work.

(b)Yardmen reporting for duty after being called and not performing service will be paid one day.

LUNCH TIME

Rule 103. (a)Yard crews and switchtenders will be allowed 20 minutes for lunch between 4 and 6 hours after starting work without deduction in pay.

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

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

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

MINIMUM CREW

Rule 104. Yard crews shall consist of a foreman and not less than two helpers, and yardmen will not be required to work with less than a full crew as specified in this rule.

REST PERIOD

Rule 105. Regular yardmen required to work sixteen hours will resume work when their rest period is up under the federal law, and then be permitted to work eight hours or paid therefor.

BULLETIN REGULAR AND EXTRA MEN

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

CREW ASSIGNMENT

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

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

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

SWITCHING LIMIT ZONES

Rule 107. (a) Switching limit zones will be established including all yards in switching operations at -

Head of the Lakes,
Twin Cities,
Dilworth, Moorhead and Fargo.

Marked by switching limit boards:

Duluth, Superior, Central Avenue and Superi East End, one zone.
St. Paul, Minneapolis and Northtown, one zone.
Dilworth, Moorhead and Fargo, one zone.

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

TRANSFERS LAKE SUPERIOR DIVISION

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

TRANSFERS ST. PAUL DIVISION

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

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

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

TRANSFERS LAUREL AND BILLINGS.
EAST HELENA YARD CREW

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

WORK TRAIN WORK

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

SWITCHING SERVICE AT
INTERMEDIATE POINTS

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

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

SNOW TRAINS

(g) Yardmen shall have the right to man all snow trains operating in yard limits.

SWITCHING SERVICE FOR NEW INDUSTRIES
AND CHANGING SWITCHING LIMITS

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

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

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

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

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

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

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

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

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

USE OF LOCOMOTIVE CRANES AND OTHER
SELF-PROPELLED MACHINES IN YARDS

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

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

(3) Except as provided in paragraph 4, when locomotive cranes or other self-propelled machines are used to load or unload cars and in so doing it is necessary to make more than one switch during the day’s work, a yard foreman will be assigned unless such switching moves are made by yard crews.

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

LETTER OF INTERPRETATION, OCTOBER 1952

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

(1) A boom or idler car and/or a tender, attached or coupled to a locomotive crane or other self-propelled machine, will be accounted as part of the machine; but, if uncoupled and switched separately, will be accounted as a separate car.

(2) The term "one switch", as used in Section 3, means the switching of a car (or two or more cars coupled together and switched as one unit) from a track on which it was placed by a yard crew in accordance with the provisions of Section 2, including the movement from and return to the track from which the car is switched, or vice versa.

(3) A locomotive crane or other self-propelled machine may be moved light (without cars) from the track upon which it has been stored or tied up, or upon which it has been placed by a yard pilot or yard crew, to another track upon which it is to be used, and/or from the track upon which it has been used to the track upon which it is to be stored or tied up, provided that employes other than yardmen are not required to throw, or line, more than one switch for the movement of such machine in each direction during the course of each day’s work; and provided further that, when such a machine in making a movement as outlined above is required to move in the opposite direction to enter or leave a track as described above, and there is not sufficient distance to permit the movement between the switch to be used and the next adjoining switch, which may not be properly lined, such adjoining switch may be thrown or lined by employes other than yardmen to permit the movement to be made.

Nothing contained in these interpretations shall be construed as limiting or in any manner changing the undisputed interpretation of the provisions of Section 4 of the said Locomotive Crane Agreement and recognized practice which permits the movement of locomotive cranes and other self-propelled machines for purposes other than the switching of and the switching out of cars from or to any track or tracks within the South Tacoma, Livingston, Como and Brainerd shop, store or material yards by employes other than yardmen who man such machines.

SENIORITY RIGHTS OF YARDMEN

Rule 109. (a) Seniority rights of yardmen will date from the day they first performed service in the yard where employed.

(b) The right to preference of work and promotion will be governed by seniority in service.

(c) Except as otherwise provided, trainmen will have no rights in yard service. When it becomes necessary to use roadmen in yard service, the practice will not operate to prevent yardmen from exercising their seniority on preferred assignments.

(d) In case of emergency, extra yardmen may work in train service, but will be marked up on the yardmen’s extra list upon their return to home terminal.

(e) Yardmen temporarily used in train service will not lose their rights thereby.

(f) In the appointment of yardmasters and assistant yardmasters, the oldest qualified yardman shall be considered.

(g)Assigned yardmen will not be permitted to exercise their seniority to enable them to work more than one shift in a calendar day period when other yardmen are available.

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

INTERCHANGEABLE SENIORITY RIGHTS
TRAIN AND YARD SERVICE

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

SENIORITY DISTRICTS

Section 1. Effective December 1, 1953, interchangeable seniority rights will be established for trainmen (brakemen) and yardmen (yard foremen and helpers) as hereinafter provided for on each of the seniority districts as described in paragraphs (a) to (l), inclusive, of this Section 1.

a. Lake Superior Division, including Duluth-Superior, Brainerd, Cloquet and Bemidji Yards.

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

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

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

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

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

g. District known as the Old Montana Division, including Billings, Laurel, Livingston, Butte and East Helena Yards.

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

i. Idaho Division (East), including Yardley-Spokane Yard.

j. Idaho Division (West), including Pasco Yard.

k. Tacoma Division (Seattle District), including Yakima, Auburn, Seattle and Everett Yards.

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

PRIOR RIGHTS

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

Seniority rosters will be prepared for each seniority district showing the names and seniority dates of brakemen with prior rights in road service on the respective seniority districts as of the close of the day preceding November 1. 1953. Seniority rosters will be prepared showing the names and seniority dates of yardmen (yard foremen and helpers) with prior rights in yard service at the respective yards where employed as of the close of the day preceding November 1. 1953. These rosters will be captioned, "Prior Right Trainmen", or "Prior Right Yardmen", whichever is appropriate, "as per agreement dated October 27, 1953."

Trainmen or yardmen employed prior to the close of the day preceding November 1, 1953, if suspended on account of force reduction prior to the effective date of the agreement before having worked six (6) months, or an aggregate of 180 days of service in the previous 365 consecutive days, will be permitted to retain their seniority dates as of the last date of entering service prior to November 1, 1953, so that they may retain prior rights as herein provided for, notwithstanding provisions to the contrary in Rules 90(b) and 112(b) of existing agreements, and amendments thereto, which were effective as of August 1, 1940, but provided they return to service within ten (10) days after being notified to do so by proper authority.

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

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

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

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

INTERCHANGEABLE SENIORITY RIGHTS

Section 3. (a) During the thirty (30) day period, preceding the effective date of this agreement, seniority rosters will be prepared, consisting of a separate roster for each of the seniority districts as described in Section 1 hereof. Each roster will designate the seniority district covered, and will be captioned, "Train and Yardmen in Service with Interchangeable Seniority Rights in Train and Yard Service, effective December 1, 1963, subject to the terms and conditions of Agreement dated October 27, 1963."

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

Employes entering the service of the Railway Company in train or yard service on and after November 1, 1953 shall have their names added to the rosters covering interchangeable seniority rights in accordance with their relative dates of first entering service, but will not be permitted to assert interchangeable seniority rights from road to yard service, or vice versa, or from one yard to another until the effective date of this agreement. Employes entering the service on and after November 1, 1953, if suspended on account of force reduction prior to the effective date of this agreement, will be permitted to retain their seniority dates up to and including the effective date of this agreement, at which time, if their seniority then permits, they may exercise their interchangeable seniority rights.

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

(b)Employes, commencing with the effective date of this agreement, may assert their seniority to road or yard service, or from one yard to another on their seniority district, in accordance with the relative seniority standing, subject to prior rights of brakemen or yardmen as provided for in Sectio 2 hereof, and subject to the conditions prescribed in Section 4 hereof.

EXERCISE OF INTERCHANGEABLE
SENIORITY RIGHTS

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

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

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

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

No employe who has transferred to yard service will be permitted to return to road service until expiration of the six (6) months’ period if his seniority entitles him to a regular position in yard service on his seniority district.

An employe reduced to the status of an extra man in the yard to which he has assigned himself, may elect to remain on the extra list at such yard in preference to exercising his seniority as a regular yardman at another yard on his seniority district.

An employe in yard service reduced to the status of an extra man, and whose seniority will not permit him to hold regular yard service on his seniority district, who elects to work extra in yard service the first day following the loss of regular status, must except as otherwise provided, remain on such extra list for at least seven (7) consecutive calendar days.

(d) Except as may be mutually agreed upon, employes covered by this agreement affected by force reduction will not be furloughed until such employes have exhausted their seniority in both road or yard service. Such employes must assert their seniority and remain in service as long as their seniority permits them to hold service, either regular or extra, on the district where they hold rights.

EXTRA BOARDS - EXTRA LISTS

Section 5. (a) Separate extra boards covering road service and extra lists covering yard service, respectively, will be maintained and regulated in accordance with applicable schedule rules. Extra lists covering yard service will be regulated consistent with service requirements.

Note: In instances where because of the limited amount of work involved separation of such boards and extra lists is not practicable, the matter shall be negotiated and reasonable arrangements entered into for the operation of a common extra board.

(b) Employes selecting yard extra lists will remain on same for at least seven (7) consecutive calendar days, except when cut off by reduction in force, when required to protect their seniority as yardmasters, or as conductors, or when exercising seniority to a regular assignment in yard service.

DEADHEADIING

Section 6. It is understood and agreed that the terms of this agreement shall not be construed as changing any of the provisions contained in the existing Train and Yardmen’s Schedule concerning deadheading or payments for deadheading affecting employes in road service, or affecting employes in yard service. It to understood and agreed that deadheading resulting from the exercise of interchangeable seniority rights by employes transferring from road to yard service, or from yard to road service, or from one yard to another, will not be paid for.

GENERAL

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

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

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

Note: Provisions of Rule 109 (a) to (h), inclusive, are to be construed as subject to the provisions of paragraph (i) of Rule 109 establishing interchangeable seniority rights for train and yardmen, and also subject to letter agreements dated October 27, 1953 and November 16, 1953 appearing on pages 184 to 188.

SENIORITY RIGHTS OF SWITCHTENDERS

Rule 110. (a) Seniority rights of switchtenders will date from the day they first performed service in yard or terminal where employed.

(b) The right to preference of work will be governed by seniority in service.

(c)In filling temporary vacancies of switchtenders and no extra switchtenders available, the senior available extra yardmen will be given preference.

(d) In filling vacancies in positions of switchtenders, preference shall be given to train and yardmen disabled in the service of the company, whenever injuries are not such as to unfit them for such duties. Disabled train and yardmen desiring to be considered in line for such positions may file applications with the proper officer of the company upon the division where the injury was received.

POSTING SENIORITY ROSTER

Rule 111. A correct seniority list of yardmen and switchtenders shall be furnished local chairmen every six months, as of January first and July first of each year, and copies will be furnished to be posted in convenient places in yard offices to which yardmen shall have access at all times.

LEAVE OF ABSENCE

Rule 112. (a) Except in case of sickness or disability and as provided for in this rule, leave of absence exceeding eighteen (18) months will not be granted within any two-year period.

SUSPENDED LIST

(b) Yardmen or switchtenders on suspended list account reduction in force, who have been in service as such six (6) months or more, may hold their seniority rank and be granted leave of absence provided they return to work when requested by proper authority.

A yardman or switchtender placed on the suspended list account reduction in force who has been in service as a yardman or switchtender, respectively, less than six months, but who in the previous 365 consecutive days was in service an aggregate of 180 days as yardman or switchtender, respectively, will, if he returns to service as yardman or switchtender, respectively, within ten days after being notified to do so by proper authority, retain the seniority date which he acquires by his last entrance into service. The term "in service an aggregate of 180 days" means 180 days during a period of 365 consecutive days during which such an employe was not on the suspended list as yardman or switchtender, respectively, on account of reduction in force. (The second paragraph of (b) amending first paragraph, became effective August 1, 1940.)

Note 1: Under Rule 112(b), in returning men to service, they should be returned in the order of their original employment.

Men who are returned to service and who report for service within ten days after being notified to do so, will be considered as having reported for service in the order of their original employment.

Note 2: Provisions of Rule 123 are not in any way changed by the second paragraph of Rule 112(b), nor by the provisions of Note 1.

SERVING ON COMMITTEES

(c) Yardmen or switchtenders serving on grievance committees shall have leave of absence upon request to serve on such committee.

ASSIGNED TO OTHER DUTIES

(d)In case a yardman or switchtender is assigned to a position other than in yard service, or is employed by the Brotherhood of Railroad Trainmen, his seniority rights as yardman or switchtender will not be impaired by reason of such assignment, or employment, and his rank on the seniority list will be such as he would have gained had he been continuously employed in yard service.

TRANSFER TO OTHER DIVISIONS

Rule 113. (a) In case of shortage of train or yardmen on another division on the system, yard or trainmen may, if agreeable to all concerned, be transferred temporarily to such division where shortage exists, and shall lose no rights on original division or in original yard provided they return within six (6) months.

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

(c) Such men will not be paid while en route from one point to another and will have the privilege of returning to original yard or division when request is made if made prior to expiration of six months as provided for in paragraph (a) of this rule.

TRANSPORTATION OF HOUSEHOLD GOODS

Rule 114. When yardmen are obliged to transfer from one point to another on account of change of division or on account of changing from one yard to another, free transportation will be furnished for their household goods.

DEADHEADING

Rule 115. Yardmen or switchtenders deadheading at the request of an officer of the company to fill a vacancy in yards under the jurisdiction of their superintendent will be allowed a minimum of one day in each direction for deadheading, except if yardmen or switchtenders are not released from duty between the deadhead trip and the service rendered, or between the service rendered and the return deadhead trip, time will be computed continuously from the time of entering sprvice until released.

Note 1: Yardmen or switchtenders deadheading under the application of this rule, will immediately upon arrival report to the yardmaster to determine whether they will be released or required to continue on duty.

Note 2:Deadheading resulting from the exercise of interchangeable seniority rights by employes transferring from road to yard service, or from yard to road service, or from one yard to another, will not be paid for.

YARDMEN USED IN ROAD SERVICE

Rule 116. Where regularly assigned to perform service within switching limits, yardmen shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service.

Examples:

(1) Crew works 5 hours in yard, then used in road service 4 hours, making 20 miles; total spread, 9 hours.

Allowance: 8 hours at straight yard rates, one hour at yard overtime rates (time and one-half), and four hours at pro rata road rates.

(2) Crew works 3 hours in yard, then used in road service 2 hours, making 10 miles, returning to yard for 4 hours; total spread, 9 hours.

Allowance: 8 hours at straight yard rates, 1 hour at yard overtime rates (time and one-half), and 2 hours at pro rata road rates.

(3) Crew works 7 hours in yard, then used in road service 3 hours, making 18 miles; total spread, 10 hours.

Allowance: 8 hours at straight yard rates, 2 hours at yard overtime rates (time and one-half), and 3 hours at pro rata road rates.

(4) Crew works 2 hours in yard; used in road service 30 minutes, making 5 miles; returns to yard and works 2 hours; again used in road service for 1 hour, making 10 miles; then returns to yard and works 2 hours and 30 minutes; total spread 8, 8 hours.

Allowance: 8 hours at straight yard rates, 1 hour at pro rata road rates for first road service and 1 hour at pro rata road rates for second road service.

(5) Crew works 1 hour in yard; used in road service for 1 hour, making 20 miles; returns to yard and works 5 hours; again used in road service for 2 hours, making 15 miles; total spread, 9 hours.

Allowance: 8 hours at straight yard rates, 1 hour at yard overtime rates (time and one-half), 20 miles at pro rata road rates for first road service, and 2 hours at pro rata road rates for second road service.

(6) Crew assigned from 7:00 A.M. to 3:00 P.M.; works 2 hours in yard; used in road service for 1 hour, making 10 miles; returns to yard and works 4 hours; again used in road service for 5 hours, making 25 miles; relieved at 7:00 P.M.; total spread, 12 hours.

Allowance: 8 hours at straight yard rates, 4 hours at yard overtime rates (time and one-half), and 6 hours at pro rata road rates.

(7) Crew assigned from 7:00 A.M. to 3:00 P.M.; works 1 hour in yard; used in road service 9 hours, making 30 miles; relieved at 5:00 P.M.; total spread, 10 hours.

Allowance:8 hours at straight yard rates, 2 hours at yard overtime rates (time and one-half), and 9 hours at pro rata road rates.

Note: The term "minimum of one hour" means a minimum of one hour will be allowed for each time used in road service.

TIME SLIPS

Rule 117. (a) When yardmen’s or switchtenders’ time is not allowed as per time slip they will be notified promptly reasons for disallowance and what allowance, if any, has been made. If no notice of disallowance is given time as reported on time slip will be allowed.

(b) When time of yardmen or switchtenders is short, time check to cover shortage will be issued on request if shortage amounts to one dollar ($1.00) or more.

Time claims that are settled by the Committee and the officers of the company will be paid by time check promptly.

CABOOSES

Rule 118. Yardmen will be furnished caboose in transfer service, also on other extended runs justifying cabooses. A yard crew shall be permitted to switch the cabooses required by this rule to the rear end of the train before commencing a transfer or other extended movement. Cabooses will b equipped with stoves, tools, signal appliances, lamps and such other supplies as are required for the service.

ENGINES NOT PROPERLY EQUIPPED
NOT TO BE USED

Rule 119.All engines assigned to switching service shall be equipped with headlights and foot boards and proper grab irons at both ends. An engine temporarily assigned to switching service shall be so equipped at the first opportunity if such engine is to be continued in that service more than one trick. The use of unequipped engines shall not be prolonged by the substitution of one engine for another. This provision, however, shall not apply to engines exclusively used in transfer service.

CHAINING CARS, COUPLING OR
UNCOUPLING HOSE

Rule 120. (a) Yardmen will not be required to chain up or unchain cars, couple or uncouple hose, in yards or on repair tracks where car men are employed and on duty.

Note 1: Under this rule yardmen will, if necessary to avoid delay, couple air hose between engine and car.

MEMORANDUM OF AGREEMENT

Memorandum of Agreement between the Nortbern Pacific Railway Company and the Brotherhood of Railroad Trainmen concerning application of Rule 120 (a) of the Schedule for Train and Yardmen.

IT IS AGREED that:

1. At yard terminals where carmen are employed and on duty, and except as hereinafter provided for, yardmen will be paid an arbitrary allowance of one hour at pro rata hourly rate in addition to the regular yard pay when required by order of the yardmaster or supervisory officer to couple hose or uncouple hose manually at points within the yard switching limits. This allowance will apply to the ground crew as a unit regardless of which member of the crew does the work and will be paid only once in the course of each tour of duty on days such service is required.

2. Yardmen may be required to couple or uncouple hose:

(a) between engine and first car, between engine and caboose, or between caboose and last car;

(b) between cars when cuts are made at railroad, highway, street or other crossings;

(c) between cars where cuts are made to set out, or when picking up a car or a cut of cars provided hose on the in-between cars are coupled;

(d) when a doubleover is made in setting out or picking up;

(e) when couplings break after couplings have been properly made;

(f) when attaching or detaching backup pipe, or in case of defective air hose,

in which event the allowance provided in Section 1 of this agreement shall not apply.

3. This agreement is applicable at points within yard territory commonly referred to as outlying yards or industries where carmen are not regularly employed and on duty at all hours. lt is not the intention under this agreement to require yardmen to couple or uncouple hose in main train yards within the terminal where carmen are regularly employed and on duty at all times such as, but not limited to, the Mississippi Street Yard at St. Paul and Northtown Yard at Minneapolis.

4. This agreement is effective April 1, 1948 and may be cancelled at any time without further negotiations by either of the parties signatory hereto serving thirty days written notice.

Note 2: In the application of Rule 120(a) and the Memorandum of Agreement dated effective April 1, 1948, the following, taken from the Referees’ Award on the Coupling Function Dispute, dated Washington, D. C., August 1, 1951, and made effective September 1, 1951 shall govern:

Rules, agreements, interpretations or practices which prohibit or restrict the use of yardmen to couple or uncouple air, steam and signal hose, shall be modified so that there will be no prohibitions or restrictions on yardmen performing such work and no payment therefor will be made but where rules, agreements, interpretations or practices require payment to yardmen under conditions stated therein for coupling or uncoupling air, steam and signal hose, such rules, agreements, interpretations, or practices shall be changed to provide for the payment of only 95 cents.

HANDLING CABLES, SIDEBOARDS, ETC.

(b) It will not be the duty of yardmen on work trains to handle cables, sideboards, side-doors or other work train appurtenances, or to operate weedburners, rail loaders, lidgerwoods or spreaders.

ATTENDING COURT

Rule 121. (a) Yardmen or switchtenders attending court or inquests under instructions from the company will be allowed the same compensation they would have earned had they remained on their regular assignment plus actual expense. Extra men so used will be allowed 8 hours at yard rates for each day used plus actual expense. Time and expenses to be certified to by company attorney.

ATTENDING INVESTIGATIONS

(b) Yardmen or switchtenders not at fault, required by the company to be present at investigations as witnesses, will be paid for all time lost.

CHARGES TO BE MADE IN WRITING

Rule 122. (a) When objections or charges are made against any yardman or switchtender by other yardmen or switchtenders, they shall be put in writing, and shall convey a full and clear statement of the objections or charges.

INVESTIGATIONS

(b)Yardmen or switchtenders charged with offenses involving suspension or discharge will be advised the nature of such offense in writing and will be given a hearing within five days of such offense, except when it is not possible to secure the necessary witnesses or evidence, a reasonable length of time will be allowed to secure same after which proper notice in writing will be served and hearing given within five days of such notice. No yardman or switchtender will be discharged, suspended, or given record suspension, without full investigation, at which investigation all parties interested will be notified to be present, and at which any yardman or switchtender under investigation may be represented by an employe of his choice and both will be permitted to be present and offer evidence and also to hear all evidence submitted at investigation, if he so desires written--decision to be rendered promptly.

It is agreed that when a stenographic transcript of the evidence is taken at an investigation, copy will be furnished the representative of the accused if requested.

If yardman or switchtender is not satisfied with decision, he, or his representative, may have right of appeal to Superintendent, continuing such appeal if desired.

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

FILING APPLICATIONS

Rule 123. A yardman or switchtender filing application for position will be notified within 90 days of the acceptance or rejection of his application. If not notified within 90 days (except men who enter service under assumed names) he will be considered accepted.

ARTICLE V
GENERAL

RE-EMPLOYMENT AFTER VOLUNTARILY
LEAVING SERVICE

Rule 124. (a) A man who voluntarily leaves the service of the company and is re-employed, will rank as a new man.

PAY WHEN LEAVING SERVICE

(b) Trainmen, yardmen or switchtenders leaving the service will be paid at the earliest practicable time in full, less the authorized deductions which may be found against their pay.

SERVICE LETTERS

(e) When leaving the service, trainmen, yardmen or switchtenders will be given a letter stating time of service and capacity, such letter to be given within a reasonable length of time from the receipt of application, and to be signed and stamped by the Superintendent.

DISCHARGED AND RETURNED TO DUTY

(d) Trainmen, yardmen or switchtenders who are discharged and who are returned to duty or re-employed within one year, will hold former rank. If re-employed after one year, they will rank as new men.

FRACTIONS

Rule 125. In determining the hourly rate, fractions of a cent will be disposed of by applying next higher quarter of a cent.

TIME LIMIT ON CLAIMS OR GRIEVANCES

Rule 126. (a) All claims or grievances must be presented in writing by or on behalf of the employe or employes involved, to the officer of the Company authorized to receive same, within sixty (60) days from the date of occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Carrier shall, within sixty (60) days from the date same is filed, notify the employe or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.

(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance, and the representative of the Carrier shall be notified of the rejection of his decision. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes as to other similar claims or grievances.

(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 sixty days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within one year from the date of said officer’s decision proceedings are instituted by the employe or his duly authorized representative before a tribunal having 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; except that when a claim or grievance involving a continuing alleged violation of agreement is filed for, or on behalf of an employe or employes named or unnamed for initial date of claim and subsequent dates (or tours of duty) by a representative of the organization, as provided for in Section (e) hereof, all rights of the claimant or claimants involved in such a claim shall, under this rule, be fully protected by the filing of such claim, and it will not be necessary for the representative of the organization to continue to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the Carrier.

(e) This rule recognizes the right of representatives of the organization, signatory hereto, to file and prosecute claims and grievances for and on behalf of the employes they represent.

The local representative of the organization, signatory hereto, may alter, amend, or modify claims they are appealing under paragraph (b) of this rule, provided such changes are made within the sixty (60) day time limit referred to in paragraph (a) of this rule.

The General Chairman of the organization, signatory hereto, may amend claims so as to conform with his understanding of the rules pertinent to the issue, provided such claims have been initiated and appealed in accordance with the foregoing paragraphs of this rule.

(f) This rule shall not apply to requests for leniency.

RULINGS

Rule 127. (a) The foregoing will be observed according to its terms and in case of disagreement as to the meaning of any rule, a decision will be rendered by the Superintendent, subject to the approval of the General Manager or other designated officer of the Railway Company.

(b) It is agreed that the General Chairman of the Trainmen’s Committee will be furnished copies of all rulings on the schedule.

MEETING GENERAL OFFICERS

Rule 128. If a meeting with the general offlcers is desired, a written notice stating subjects to be considered must be forwarded to the General Manager or Chief of Personnel fifteen days before date at which conference is desired, and date and time will be fixed as soon as practicable.

RULINGS AND SPECIAL AGREEMENTS

Rule 129. The rules and interpretations herein contained supersede all rules and interpretations or rulings heretofore in effect except that interpretations or rulings, and special agreements, in effect that have not been changed in whole or in part and which are not in conflict with the rules and interpretations of this agreement are to be considered as still in effect.

EFFECTIVE DATE AND DURATION OF
AGREEMENT

Rule 130. This agreement, as revised, is effective April 1, 1954, and will remain in effect until changed in accordance with the provisions of the Railway Labor Act.

For the Train and Yardmen:

For the Northern Pacific Railway Company: