Notice! This document is for the information of UTU
members. If there is any discrepancy between this version of our
collective agreement and the current printed version issued to
our members the printed version will be considered correct.
JUNE 25, 1964
AGREEMENT
DATED JUNE 25, 1964
BETWEEN CARRIERS REPRESENTED BY
THE NATIONAL RAILWAY LABOR CONFERENCE
and the
EASTERN, WESTERN AND SOUTHEASTERN CARRIERS' CONFERENCE
COMMITTEES
AND THE EMPLOYEES OF SUCH CARRIERS
REPRESENTED BY THE
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN
AND ENGINEMEN
ORDER OF RAILWAY CONDUCTORS AND
BRAKEMEN
BROTHERHOOD OF RAILROAD TRAINMEN
and
SWITCHMEN'S UNION OF NORTH AMERICA
A G R E E M E N T
This Agreement made this 25th day of June,
1964, by and between the participating carriers listed in Exhibits
A, B and C attached hereto and made a part hereof and represented
by the National Railway Labor Conference and the Eastern, Western
and Southeastern Carriers' Conference Committees, and the employees
of such carriers shown thereon and represented by the Brotherhood
of Locomotive Engineers, Brotherhood of Locomotive Firemen and
Enginemen, Order of Railway Conductors and Brakemen, Brotherhood
of Railroad Trainmen, and the Switchmen's Union of North America.
IT IS HEREBY AGREED:
ARTICLE I - PAID HOLIDAYS:
Section 1 - Holiday
provisions currently applicable to regularly assigned and extra
yard ground service employees (conductors (foremen), brakemen
(helpers), switchtenders and car retarder operators) are unchanged,
except in the following respects:
(a) Add the following provision to be applicable to the qualifying
conditions for extra yard service employees:
For purposes of this Agreement, the work week for extra yard service
employees shall be Monday through Friday, both days inclusive.
If the holiday falls on Friday, Monday of the succeeding week
shall be considered the work day immediately following. If the
holiday falls on Monday, Friday of the preceding week shall be
considered the work day immediately preceding the holiday.
NOTE: This work week shall not be applied to extra yard
service employees who have scheduled days off other than Saturday
and Sunday, in which event the same principles outlined above
will apply in determining the work days immediately preceding
and following the holiday.
(b) Substitute the following provision in lieu of existing
rules governing payment for service rendered on the seven specified
paid holidays:
Yard service employees who work on any of the seven specified
holidays shall be paid at the rate of time and one-half for all
services performed on that holiday with a minimum of one and one-half
times the rate for the basic day.
Section 2 -
The following provisions shall apply to regularly
assigned engineers, firemen, hostlers and hostler helpers represented
by an organization party hereto in yard service, and regularly
assigned road service employees paid on a daily basis:
New Year's Day
Washington's Birthday
Decoration Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
Only one basic day's pay shall be paid for the holiday
irrespective of the number of shifts or trips worked.
NOTE: When any of the
above-listed holidays fall on Sunday, the day observed by the
State or Nation shall be considered the holiday.
Section 3 -
The following provisions shall apply to extra engineers,
firemen, hostlers and hostler helpers represented by an organization
party hereto on seniority rosters that confine exercise of seniority
to a particular yard or yards:
NOTE: For the purpose
of Section 3(b) (1), (2) and (3), an extra yard service employee
will be deemed to be available if he is ready for yard service
and does not lay off of his own accord, or if he is required by
the carrier to perform other service within that yard in accordance
with rules and practices on the carrier.
© For purposes of this Section 3, the work week
for extra yard service employees shall be Monday through Friday,
both days inclusive. If the holiday falls on Friday, Monday of
the succeeding week shall be considered the work day immediately
following. If the holiday falls on Monday, Friday of the preceding
week shall be considered the work day immediately preceding the
holiday.
NOTE: This work week shall
not be applied to extra yard service employees who have scheduled
days off other than Saturday and Sunday, in which event the same
principles outlined above will apply in determining the work days
immediately preceding and following the holiday.
(d) Any of the extra yard service employees described
in paragraph (a) of this Section 3 who works on any of the holidays
listed therein shall be paid at the rate of time and one-half
for all services performed on the holiday with a minimum of one
and one-half times the rate for the basic day.
(e) As used in this Section 3, the terms "calendar
day" and "holiday" on which yard service is performed
refer to the day to which service payments are credited.
NOTE 1: An employee
subject to this Section 3 whose service status changes from an
extra yard service employee to a regularly assigned yard service
employee or vice versa on one of the qualifying days shall receive
the basic day's pay provided in paragraph (a) of Section 3 provided
(1) he meets the qualifications set forth in paragraph (b) of
Section 3 on the day or days he is an extra service employee,
and (2) he meets the qualifications set forth in paragraph ©
of Section 2 on the day or days he is a regularly assigned yard
service employee, provided further, that a regularly assigned
yard service employee who voluntarily changes his service status
to an extra yard service employee on any of the three qualifying
days shall not be entitled to receive the pay provided for in
paragraph (a) of Section 3.
NOTE 2: The term "yard
service" as used herein applies only to yard service paid
for on an hourly or daily basis and subject to yard rules and
working conditions.
ARTICLE II - EXPENSES AWAY FROM HOME:
Section 1 -
When the carrier ties up a road service crew (except short turn-around
passenger crews), or individual members thereof, at a terminal
(including tie-up points named by assignment bulletins, or presently
listed in schedule agreements, or observed by practice, as regular
points for tying up crews) other than the designated home terminal
of the crew assignment for four (4) hours or more, each member
of the crew so tied up shall be provided suitable lodging at the
carrier's expense or an equitable allowance in lieu thereof. Suitable
lodging or an equitable allowance in lieu thereof shall be worked
out on a local basis. The equitable allowance shall be provided
only if it is not reasonably possible to provide lodging. If an
allowance is being made in lieu of lodging as well as other considerations
under provisions of existing agreements, the amount attributed
only to lodging shall be removed if suitable lodging is supplied,
or offset against an equivalent allowance. This shall be worked
out on a local basis. The provisions of this Section shall be
made effective at a date no later than 30 days following the effective
date of this Agreement.
Section 2 -
When the carrier ties up a road service crew (except short turn-
around passenger crews), or individual members thereof, at a terminal
(as defined-in Section 1 of this Article II) other than the designated
home terminal for four (4) hours or more, each member of the crew
so tied up shall receive a meal allowance of $1.50.
NOTE:
For the purposes of Sections 1 and 2 of this Article 11, extra
board employees shall be provided with lodgings and meal allowance
in accordance with the rule governing the granting of such allowance
to the crew they join; that is, the designated home terminal will
be the designated terminal of the crew assignment.
ARTICLE III - SELF-PROPELLED MACHINES:
Section 1 -
The following shall govern the manning
of self-propelled vehicles or machines by train service employees
(conductors and brakemen) used in the maintenance, repair, construction
or inspection work:
(a) Road Service - A conductor will be
employed on on-rail self- propelled vehicles or machines when
operating in main line territory, provided such machines are equipped
with a drawbar and are operating under train orders.
NOTE 1: Self-propelled
machines for the purpose of this Article means such equipment
operated on rails.
NOTE 2: Drawbar means
a device capable of being used in moving standard freight cars.
NOTE 3: Main-line
territory means main line and branch lines in Road Territory outside
of Switching limits but not spurs or the like.
NOTE 4: Train orders
is used in the vernacular of train men as defined in the Operating
Book of Rules.
(b) Yard Service - A yard conductor (foreman)
will be employed on on-rail self-propelled vehicles or machines
operating within general switching limits provided such machines
have sufficient power to move freight cars; and, if more than
two cars are handled at any one time a yard brakeman (helper)
will also be employed. This provision will not apply to the operation
of self-propelled vehicles or machines in confined areas such
as shop tracks, supply areas, tie yards and so forth, except that
with respect to such self-propelled machines now working in the
confined areas where rules or practices require the employment
of a yard ground man, such rules and practices are preserved and
the yard conductor's (foreman's) rate will apply to this service.
Section 2 - Rules
or practices under which a locomotive engineer, or fireman where
presently required, is employed on on-rail self-propelled vehicles
or machines for the purpose of operating the machine in the performance
of all the work for which such machines are designed are retained.
Section 3 - Except
under the conditions herein specifically prescribed, operating
employees need not be used on self-propelled vehicles or machines.
It should be noted in addition that this Agreement does not alter
any existing rules or practices except as specifically stated
herein.
Section 4 - Every
employee deprived of employment as the immediate and proximate
application of this rule, shall be entitled to the schedule of
allowances set forth in Section 7(a) of the Washington Agreement
of May 21, 1936; or to the option of choosing the lump-sum separation
allowance set forth in Section 9 of said Agreement. In addition
to the foregoing, employees who do not elect to accept the lump-sum
separation allowance set forth in Section 9 of said Agreement,
if qualified, may elect within one year from the date of their
furlough to prepare themselves for some other occupation for which
training is available (of the type approved by the Veterans Administration
under the Veterans' Readjustment Assistance Act of 1952), with
the carrier paying 75 per cent of the tuition costs of such training
for a period not exceeding two years. Whenever and to the extent
that the United States Government makes provisions for retraining
out of public funds, the obligation of the carrier shall be reduced
correspondingly. Those employees who elect to accept the lump-sum
separation allowance set forth in Section 9 of the Washington
Agreement of May 21, 1936 will not be entitled to retraining benefits.
Section 5 - Nothing
contained in this Article III shall be construed to require the
employment of engine and train service employees where not now
required.
ARTICLE IV - PAY STRUCTURE - INEQUITY ADJUSTMENTS:
Section 1 - Road Service
- The application of any wage increases which become effective
before January 1, 1968 will be limited to basic daily rates and
shall not apply to existing mileage rates.
Section 2 - Yard Ground
Service - (a) The hourly rates for yard foremen and yard helpers
will be increased to $3.10 and $2.90, respectively, including
the 4¢ holiday adjustment; and there will be a commensurate
increase in the hourly rates of other yard service employees.
(b) Application of the foregoing increases will
result in the following standard basic hourly and daily rates
of pay:
Pro-rata
hourly Daily
rate rate
Yard Foremen (Conductors) $ 3.10 $ 24.80
Yard Helpers (Brakemen), 2.90 23.20
Switchtenders 2.65 21.20
Car Retarder Operators 3.20 25.60
(c) Existing money differentials above existing
standard daily rates shall be maintained.
Section 3 - Yard Engine Service -
(a) The basic daily rates of yard engine service
employees presently on a five-day work week will be increased
as follows: yard engineers - 4.11%; yard firemen, hostlers and
hostler helpers represented by an organ ization party hereto -
3.11%. These increases will be applied to yard engine service
employees who may hereafter elect to adopt the five-day work week
on a railroad by railroad basis, or on that part of a railroad,
where there are move than one General Committee, in the event
one or more General Committees elect to adopt the five-day work
week. The basic rates of yard engine service employees who are
not on a five-day work week are not changed hereby, except that
the .32, per day holiday adjustment applicable to yard engine
service employees represented by the Brotherhood of Locomotive
Engineers shall no longer be deductible.
(b) Application of the foregoing increases will
result in the following standard basic daily rates of pay for
yard engine service employees on the five-day work week:
(1) Yard engineers and firemen represented by
the Brotherhood of Locomotive Engineers
All territories (a)
WEIGHT ON DRIVERS Firemen
(Pounds) Engineers (helpers)
Less than 200,000 $ 25.35 $21.98
140,000 and less than 200,000 25.87
22.13
200,000 and less than 250,000 26.07
22.34
250,000 and less than 300,000 26.25
22.54
300,000 and less than 350,000 26.43
22.87
350,000 and less than 400,000 26.69
22.96
400,000 and less than 450,000 26.94
23.15
450,000 and less than 500,000 27.19
23.35
500,000 and less than 550,000 27.44
23.54
550,000 and less than 600,000 27.66
23.73
600,000 and less than 650,000 27.87
23.92
650,000 and less than 700,000 28.09
24.11
700,000 and less than 750,000 28.31
24.31
750,000 and less than 800,000 28.52
24.50
800,000 and less than 850,000 28.74
24.69
850,000 and less than 900,000 28.95
24.88
900,000 and less than 950,000 29.17
25.07
950,000 and less than 1,000,000 29.39
25.27
1,000,000 and over . . . . . . . With
21½¢ With 19¢
added for each added for each
add'l 50,000 add'l 50,000
lbs. or frac- lbs. or frac-
tion thereof. tion thereof.
__________________________________________________________________________
Firemen
Engineers
(helpers)
East and All Terri-
MALLETS Southeast(b) West © tories
Less than 200,000 $ 27.33 $27.24 $23.21
275,000 and less than 500,000 27.62
23.54
500,000 and less than 550,000 27.91
23.69
550,000 and less than 600,000 28.20
23.74
600,000 and less than 650,000 28.49
23.93
650,000 and less than 700,000 28.77
24.13
700,000 and less than 750,000 29.06
27.51 24.32
750,000 and less than 800,000 29.35
24.51
800,000 and less than 850,000 29.64
24.70
850,000 and less than 900,000 29.93
24.89
900,000 and less than 950,000 30.21
25.09
950,000 and less than 1,000,000 30.50
25.28
1,000,000 and over . . . . . . . With
29¢ With 19¢
added for each added for each
add'l 50,000 add'l 50,000
lbs. or frac- lbs. or frac-
tion thereof. tion thereof.
(1) Yard engineers and firemen represented by
the Brotherhood of Locomotive Firemen and Enginemen
All territories (a)
WEIGHT ON DRIVERS Firemen
(Pounds) Engineers (helpers)
Less than 200,000 $ 25.87 $22.50
140,000 and less than 200,000 26.39
22.65
200,000 and less than 250,000 26.59
22.86
250,000 and less than 300,000 26.77
23.06
300,000 and less than 350,000 26.95
23.39
350,000 and less than 400,000 27.21
23.48
400,000 and less than 450,000 27.46
23.67
450,000 and less than 500,000 27.71
23.87
500,000 and less than 550,000 27.96
24.06
550,000 and less than 600,000 28.18
24.25
600,000 and less than 650,000 28.39
24.44
650,000 and less than 700,000 28.61
24.63
700,000 and less than 750,000 28.83
24.83
750,000 and less than 800,000 29.04
25.02
800,000 and less than 850,000 29.26
25.21
850,000 and less than 900,000 29.47
25.40
900,000 and less than 950,000 29.69
25.59
950,000 and less than 1,000,000 29.91
25.79
1,000,000 and over . . . . . . . With
21½¢ With 19¢
added for each added for each
add'l 50,000 add'l 50,000
lbs. or frac- lbs. or frac-
tion thereof. tion thereof.
__________________________________________________________________________
Firemen
Engineers
(helpers)
East and All Terri-
MALLETS Southeast(b) West © tories
Less than 200,000 $ 27.85 $27.85 $23.73
275,000 and less than 500,000 28.14
24.05
500,000 and less than 550,000 28.43
24.21
550,000 and less than 600,000 28.72
24.26
600,000 and less than 650,000 29.01
24.45
650,000 and less than 700,000 29.29
24.65
700,000 and less than 750,000 29.58
27.51 24.84
750,000 and less than 800,000 29.87
25.03
800,000 and less than 850,000 30.16
25.22
850,000 and less than 900,000 30.45
25.41
900,000 and less than 950,000 30.73
25.61
950,000 and less than 1,000,000 31.02
25.80
1,000,000 and over . . . . . . . With
29¢ With 19¢
added for each added for each
add'l 50,000 add'l 50,000
lbs. or frac- lbs. or frac-
tion thereof. tion thereof.
_______________________________________________________________________________
a Carriers represented by Eastern, Western
& Southeastern Carriers' Conference Committees.
b Carriers represented by Eastern and
Southeastern Carriers' Conference Committees.
c Carriers represented by Western Carriers'
Conference Committee.
(3) Hostlers and Outside Hostler Helpers
Represented by Represented by
BLE BLF&E
Outside hostlers $22.82 $23.33
Inside hostlers 21.95 22.47
Outside hostler helpers 21.17 21.68
(c) Existing money differentials above existing
standard daily rates shall be maintained.
Section 4 -
The increases herein provided shall be effective,
subject to Article VIII hereof, as of May 7, 1964 except that
the increases which are contingent upon adoption of a five-day
work week will be applied on the date the five-day work week agreement
becomes effective.
ARTICLE V - COMBINATION ROAD-YARD:
The last yard crew assignment in a yard, or on a
shift where more than one yard assignment is employed, may be
discontinued under the following conditions: (Yard as used herein
is defined to mean a common terminal point where a seniority roster
for yard ground men is maintained.)
1. In the case of the last yard crew assignment
in a yard, such assignment may be discontinued if a joint study
indicates that the average time consumed in switching is less
than four hours within a spread of ten hours for ten consecutive
working days. The ten hours referred to will begin concurrently
with the starting time of the particular yard crew assignment.
If switching increases to the point where there is an average
of more than four hours of such work within any spread of the
same ten hours for ten consecutive working days, as previously
assigned, the yard crew assignment will be restored.
In the case of a yard crew assignment on a particular
shift (in yards where more than one yard crew is operated), such
yard crew assignment may be discontinued if a joint study indicates
that there is an average of less than four hours switching within
the spread of 12 hours for ten consec- utive working days, this
spread to begin at the starting time of the yard crew assignment
which the carrier seeks to discontinue. In computing the time
engaged in switching only the time consumed by the yard engine
the carrier seeks to discontinue will be considered, subject to
the provisions of section 10 hereof. The same formula will be
adhered to in the restoration of the discontinued assignment,
using the second twelve-hour period as set forth in section 5.
NOTE: The studies
referred to in this Section 1 shall be conducted in the following
manner:
Where a carrier proposes to discontinue the last
yard crew assignment in a yard or on a shift where more than one
yard assign- ment is employed, it shall give ten (10) days' written
notice of the proposed discontinuance to the representatives of
the employees involved, advising the names of the carrier's officials
who are designated as its representatives for the purpose of the
study, and the date on which the study will begin. At anytime
prior to the date the study is to begin, the representatives of
the employees involved shall advise the carrier of the names of
their representatives for the purpose of the study. If such representatives
are not so named, or fail to participate, the study may be conducted
by the representatives of the carrier. In either event, the result
of the study shall be binding on the parties for the purpose of
this rule.
The same procedure will be adhered to in conducting
studies proposed by the representatives of the employees for the
restoration of assignments that have been discontinued under the
provisions of this Section 1.
2. The provisions of section 1 hereof are not
intended to impose restrictions in regard to discontinuing yard
crew assignments where restrictions do not now exist.
3. Road crews may perform any yard service at
yards where yard crews are not employed.
4. Road crews may continue to perform any yard
service now permitted, without additional payments, if such payments
are not now required.
5. At points where a yard crew or yard crews
are employed, the starting time of the first yard crew assignment
shall begin a twelve-hour period (herein called the first twelve-hour
period) within which road crews may not perform yard service not
permitted on the day immediately preceding the effective date
of this agreement. Road crews may be required to perform any yard
service during a second twelve-hour period beginning at the expiration
of the first twelve-hour period provided yard crew assignments
are not assigned to start or terminate during such second twelve-hour
period.
6. No change in work permitted or compensation
paid to combination assignments, such as Mine Run, Tabulated assignment,
etc.
7. Switching service in yards by road crews when
yard crew is not on duty, as a result of the discontinuance of
yard crew assignment pursuant to section 1 hereof, shall be paid
for on the minute basis, with a minimum of 1 hour at appropriate
yard rates.
8. If overtime accrues under applicable road
overtime rules during the period switching is being performed,
such overtime payments will be made in addition to the payments
required under section 7 hereof.
9. Initial and final terminal delay rules shall
not be disturbed by this agreement except that when road crews
perform yard service for which they are compensated under the
provisions of section 7 hereof during a period to which initial
terminal delay or final terminal delay rules are otherwise applicable,
such road crews will be paid either terminal delay or switching,
whichever will produce the greater amount of compensation.
10. The yard switching work for which compensation
is previously allowed to road crews for that specific yard work
and yard switching work by road crews which required penalty payments
to yard crews will be considered switching for the purpose of
section 1 of this Article.
11. Every employee deprived of employment as
the immediate and prox- imate application of this rule, shall
be entitled to the schedule of allowances set forth in Section
7(a) of the Washington Agreement of May 21, 1936; or to the option
of choosing the lump-sum separation allowance set forth in Section
9 of said Agreement. In addition to the foregoing, employees who
do not elect to accept the lump-sum separation allowance set forth
in Section 9 of said Agreement, if qualified, may elect within
one year from the date of their furlough to prepare themselves
for some other occupation for which training is available (of
the type approved by the Veterans Administration under the Veterans'
Readjustment Assistance Act of 1952), with the carrier paying
75 per cent of the tuition costs of such training for a period
not exceeding two years. Whenever and to the extent that the United
States Government makes provisions for retraining out of public
funds, the obligation of the carrier shall be reduced correspondingly.
Those employees who elect to accept lump-sum separation allowance
set forth in Section 9 of the Washington Agreement of May 21,
1936 will not be entitled to retraining benefits.
ARTICLE VI - INTERDIVISIONAL SERVICE:
The interdivisional runs issue shall be submitted
to a committee, established on a national basis, of which the
public members shall be Dr. George W. Taylor and Mr. Theodore
W. Kheel. Procedures for mediation to a conclusion shall be established
by the public members.
ARTICLE VII - SETTLEMENT OF DISPUTES:
Any disputes involving the interpretation or application
of this Agreement shall be settled by the parties in accordance
with the established procedures therefor, including the creation
of Special Boards of Adjustment and other procedures of Section
3 of the Railway Labor Act.
ARTICLE VIII - EFFECT OF THIS AGREEMENT:
This agreement shall become effective upon ratification
by all of the organizations signatory hereto except that upon
such ratification the adjustments in rates of pay provided by
Article IV shall be effective as of May 7, 1964, and the requirements
of Section 1 of Article II with respect to the furnishing of suitable
lodging or an equitable allowance in lieu thereof shall be made
effective at a date no later than 30 days following such ratification.
This agreement to in settlement of the dispute growing
out of notice served by the carriers listed in Exhibits A, B,
and C on or about November 2, 1959, and by the organizations signatory
hereto on September 7, 1960, as implemented by notices of April
6, 1961, not including issues disposed of by the Award of Arbitration
Board No. 282, and shall remain in effect until changed or modified
in accordance with the provisions of the Railway Labor Act, as
amended, except that rates for miles in excess of those comprising
the basic day shall remain unchanged until January 1, 1968.
This agreement shall be construed as a separate agreement
by and on behalf of each carrier party hereto and those employees
represented respectively by the Brotherhood of Locomotive Enginers,
Brotherhood of Locomotive Fireman and Enginemen, Order of Railway
Conductors and Brakemen, Brotherhood of Railroad Trainman, and
the Switchmen's Union of North America, as heretofore stated;
and shall remain in affect until changed or modified in accordance
with the provisions of the Railway Labor Act, as amended.
ARTICLE IX -
This agreement is subject to approval of the Courts
with respect to Carriers in the hands of Receivers or Trustees.
Signed this 25th day of June, 1964.
For the participating carriers listed in Attachment
A:
*** Signatures Not Reproduced ***