AGREEMENT
Between
THE COLORADO AND SOUTHERN
RAILWAY COMPANY AND
Its Employees
Represented By
UNITED TRANSPORTATION UNION
Effective September 1, 1980
FOREWORD
This book contains agreements between the Colorado and Southern Railway Company and the United Transportation Union representing trainmen, yardmen and yardmasters employed there-on categorized as follows:
Agreements dated November 1, 1957 and April 1, 1970, respectively, as amended.
Local Memoranda, Agreements, Bulletins, etc.
Special National Agreements, Arbitration Awards, etc.
The Road Conductors Agreement of November 1, 1957, the Trainmens Agreement of May 1, 1924 and the Yardmen and Yardmasters Agreements of April 1, 1970, are reproduced as in the original. Any rule herein that has been affected by local Memoranda or National Agreement has been annoted to show how it was affected. In the case of modification, that part of a rule that conflicts with the modification, has been deleted and the modification shown.
The Special National Agreements, Arbitration Awards, etc. are reproduced verbatim.
The material between the covers is intended to give employees the same finalized agreement that is contained in the original which is part of the files of the General Committee of Adjustment and the Colorado and Southern Railway. It is noteworthy to mention that regardless of how patent an agreement may be, the General Chairman is the only one endowed to place an interpretation in behalf of the organization.
The special National Agreements, Arbitration Awards, etc. are reproduced verbatim. The following:
(1) National Vacation Agreement effective April 1, 1949 and amendments.
(2) Mediation Agreement dated April 5, 1957 regarding paid Holidays, and
(3) Article VII - Cost of Living Adjustment
(4) Expenses Away From Home Article 11, Section 2, of the June 25, 1964 Agreement
are subject to constant changes and will be produced periodically on the property in the form of an insert.
Reference herein made to the former Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen and Switchmens Union of North America prior to January 1, 1969, as noted on various Memoranda, National Agreements, Arbitration Awards, will thereafter be known as the United Transportation Union, the representative organization of trainmen, yardmen and yardmasters employed by the Colorado and Southern Railway Company.
DEFINITIONS
The word "Trainmen" as used in this agreement, unless specifically qualified, refers to conductors, brakemen and flagmen (male & female) employed in road service.
The word "Yardmen" as used in this agreement, unless specifically qualified, refers to foremen, helpers, yardmasters (male & female) employed in yard service.
The term "Yardmasters" as used in this Agreement shall apply to positions having supervision under the terminal trainmaster or assisant terminal trainmaster.
The term"Assistant Yardmaster" as used in this Agreement shall apply to positions reporting to yardmasters.
PASSENGER SERVICE
There is no regular passenger service on the Colorado and Southern Railway at this time, therefore, rules and working conditions applicable to passenger service are suspended and held in abeyance until such time passenger service is restored. Rates of pay shall then be adjusted consistent with all increases as though passenger service had been maintained.
FREIGHT SERVICE
RULE 1 - BASIC DAY AND OVERTIME
(A) In all road service, except passenger service, 100 miles or less, 8 hours or less (straightaway 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 the rate per hour of 3/16 of the daily rate.
RULE 1-A - RATES OF PAY
Note: Current Rates of Pay Schedules furnished by the Carrier.
RULE 2 - MORE THAN ONE CLASS OF SERVICE
Road trainmen employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:
A. Payment:
1. Except as qualified by A-2 below, payment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to apply for the entire trip. Not less than a minimum day will be paid for the combined service.
2. Road trainmen in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service. The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip. Overtime rate shall apply to the extra compensation only to the extent that the additional service results in over time for the entire day or trip or adds to overtime other wise payable for hours required for the regular trip.
EXAMPLES FOR THE APPLICATION OF THIS PARAGRAPH A-2 ARE:
(a) A Trainman in through freight service on a run of 100 miles is on duty a spread of 8 hours, including 2 hours of another class of road service - Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at pro rata rate for theother class of road service, both payments to be at the highest rate applicable to any class of service performed.
(b) A Trainman in through freight service on a run of 100 miles is on duty a spread of 9 hours, including 2 hours of another class of road service - Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 1 hour at pro rata rate and 1 hour at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(c) A Trainman in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(d) A Trainman in through freight service on a run of 100 miles is on duty a spread of 12 hours, including 2 hours of another class of road service - Employee will be paid 100 miles or 8 hours at pro rata rate plus 2 hours at time and one-half for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(e) A Trainman in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Employee will be paid 150 miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
B. This rule applies to:
1. Unassigned and/or assigned road service.
2. Another class of road service regardless of when notified, whether at time called, at the outset of, or during the tour of duty.
3. Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.
C. This rule does not involve the combining of road with yard service nor modify or set aside:
1. Lap-back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.
2. Conversion rules (See Rule 18)
3. Terminal switching and/or special terminal allowance rules.
RULE 3 - BEGINNING AND ENDING OF DAY
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. All advance- call time Rules are superseded, and the Management may designate the time for reporting for duty.
RULE 4 - TURN-AROUND TRIPS
Trainmen in pool or irregular freight service may be called to make short trips or turn-arounds 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 and first-out rule or practice.
Question 1. Must the crew actually leave the terminal before the expiration of eight hours?
Decision: No, but crews should not ordinarily be required to begin work on the second or succeeding trip when it is apparent that the departure from the terminal will be delayed beyond eight hours from going on duty on initial trip.
Question 2. In operating turn-around service under this section, may crews be turned at a terminal out of which other crews operate?
Decision: Yes.
Question 3. Where crews are called for turn-around service in what territory may they be used?
Decision: They may be used in either or both directions out of the initial terminal in territory where it is permissible to use them for other than short turn-around trips.
Question 4. Does this section apply to crews in pusher and helper service, mine run, work trains, wreck trains?
Decision: No.
RULE 5 - TURN-AROUND TRIPS - FAR TERMINAL
(A) Train crews will not be required to make more than one turn-around trip out of any away-from-home-terminal and return to that terminal.
A turn-around trip would include any service where a train crew would leave the away-from-home-terminal and return to that terminal.
A train crew that has made a turn-around trip will stand first out for deadheading to the home terminal and may be used to aggregate (short rested) to home terminal if in the opinion of the operating officer the crew has ample time to make the trip within the Hours of Service Law. Such crews having made a turn around trip will not be called again for turn-around service unless no other crew is rested and available for the turn-around trip. (as amended 4-1-84)
(B) Crews who may be run around in the application of the fore-going will not be paid for such runarounds.
RULE 6 - EMERGENCY SIDE OR LAP-BACK TRIPS
(A) When a crew is required to make an emergency side or lap-back trip between their terminals within the scope of Supplement 25, miles made will be added to the mileage of the regular trip and paid for on continuous time basis.
(B) Crews required to make lap-back trips, except in emergencies, will be paid 100 miles in addition to the mileage or the trip. It is also agreed that chain gang crews required to make side trips, except in emergencies, will be paid 100 miles in addition to the mileage of the trip, unless, before they
leave the terminal they are notified that they will make the side trip. When crews are allowed 100 miles in addition to mileage of the road trip for making lap backs or side trips, time consumed in making the lap-back or side trips will be deducted from the total time on duty if overtime is involved. Crews required to double hills will not be considered as making lap back trips.
RULE 7 - EMERGENCY SHORT TRIPS
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.
RULE 8 - DOUBLlNG HILLS
When crews are required to double hills or required to push another train up the grade and return, they shall be allowed extra mileage made, mileage to be added to the mileage of the trip. Applies to all classes of service.
RULE 9 - SWITCHING OR LOADING STOCK AT TERMINALS
Trainmen will be paid for loading, unloading stock or switching at terminals in excess of mileage made on the trip, should the time consumed be more than fifteen minutes; full crew to be used in this service.
EXAMPLES
(A) Required to report at A, 7 A.M., switches at A 7 A.M, to 7:15 A.M.; leaves A at 7:15 A.M. and runs to B, 100 miles; arrives at B, 2:45 P.M., switches 15 minutes; relieved at B, 3 P.M.
Compensation: 100 miles.
(B) Required to report at A, 7 A.M.; switches at A 7 A.M. to 7:30 A.M.; leaves A at 7:30 A.M. and runs to B, 100 miles; arrives at B, 2:25 P.M.; switches 35 minutes; relieved at B, 3 P.M.
Compensation: 100 miles plus 30 minutes switching at initial terminal and 35 minutes switching at final terminal at pro rata rates.
(C) Required to report at A, 7 A.M.; switches at A until 9 A.M.; leaves A at 9 A.M. and runs to B, 100 miles; relieved at B, 3 P.M.
Compensation: 100 miles plus 2 hours' switching at pro rata rates.
(D) Required to report at A, 7 A.M.; switches at A until 9 A.M.; leaves A at 9 A.M. and runs to B, 100 miles; relieved at B, 4 P.M.
Compensation: 100 miles plus 2 hours' switching at pro rata rates, such allowance being greater than 1 hour overtime at one and one-half time.
Required to report at A, 7 A.M.; switches at A until 9 A.M.; leaves A at 9 A.M. and runs to B, 100 miles; relieved at B, 4:20 P.M.
Compensation: Either 100 miles plus 2 hours' switching at pro rata rates or 100 miles and I hour 20 minutes road overtime at 3/16 of the daily rate per hour, because the money value of the pro rata allowance and the money value of the road overtime at 3/16 of the daily rate are equal.
(F) Required to report at A, 7 A.M.; switches at A until 9 A.M.; leaves A at 9 A.M. and runs to B 100 miles; relieved at B, 5 P.M.
Compensation: 100 miles plus 2 hours' overtime at 3/16 of the daily rate per hour. In this case, the money value of the road overtime at 3/16 of the daily rate exceeds the allowance of 2 hours' switching at pro rata rates.
NOTE: In calculating the time engaged in switching under the rules, regulations or practices, time will be continuous from the time required to report for duty until switching is completed and train is coupled together, except for necessary time for turning on the wye at Fort Collins, will be added to the time consumed in switching when Fort Collins is the terminal.
RULE 10 - INITIAL TERMINAL DELAY - FREIGHT SERVICE
(A) Initial terminal delay shall be paid on a minute basis to conductors and trainmen in freight service for all time in excess of seventy-five (75) minutes computed from the time of reporting for duty up to the time the train leaves the terminal at one-eighth (1/8th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
Note: The phrase "train leaves the terminal" means when the train actually starts an its road trip from the yard track where the train is first made up.
(B) This rule will not apply to pusher, helper mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, circus train (paid special rates or allowances), road switcher (district runs), or to local freight or mixed service where switching is performed at initial terminal in accordance with schedule rules.
(C) Where mileage is allowed between the point of reporting for duty and the point of departure from the track on which the train is first made up, each mile so allowed will extend by 4.8 minutes the period of seventy-five (75) minutes after which initial terminal delay payment begins.
(D) 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.
(E) 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.
(F) The following understanding applies to crews whose trains depart from the new North Siding at Trinidad for destinations south of Trinidad:
Initial terminal delay shall be paid on a minute basis to crews in through freight service after one (1) hour and thirty (30) minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the siding. Crews taking trains from the North siding at Trinidad to Texline will be allowed 143 miles with overtime beginning after eleven (11) hours and twenty six (26) minutes.
RULE 11 - FINAL TERMINAL DELAY - FREIGHT SERVICE
(A) Terminal delay at end of run will be paid for on a minute basis, fifteen minutes or less not to be counted, over fifteen minutes, total minutes will be counted, except at Pueblo. Terminal delay at pueblo will be paid for on a minute basis, thirty minutes or less not to be counted, over thirty minutes, total minutes will be allowed. To apply to crew as a unit.
(B) When the train reaches the final terminal before overtime commences, calculated from the time of reporting for duty, the special payments will be allowed at the pro rata rates.
(C) If the train is not on overtime on arrival at the final terminal, but the overtime period commences before final release, special payments accruing at the final terminal up to the period when over-time commences will be allowed on the basis of the pro rata rates, but time thereafter shall be paid on the actual minute basis at 3/ 16 of the daily rate.
(D) In freight service where train arrives at designated main track switch (switch connection with yard where train leaves the main track) or semaphore governing same, and other trains arrive and stand behind waiting to get into yard, final terminal delay will be computed for all trains which are so held within yard limits. A train has reached the designated main track switch when it has reached the semaphore or signal governing the switch, if held against the train.
EXAMPLE:
Required to report at A, 7 A.M.; leaves A at 7:15 A.M. and runs to B, 100 miles; arrives at B, 2 P.M.; delayed at final terminal 1 hour 20 minutes; relieved at B, 3:20 P.M.
Compensation: 100 miles plus 1 hour final terminal delay at prorata rates for period until overtime commences, and for the time thereafter, 20 minutes final terminal delay at 3/16 of the daily rates per hour.
The agreed upon locations where final terminal delay begins areas follows:
DENVER Ft. Collins and Clear Creek District trains eastbound will begin at Prospect (Mile Post 1.016).
FT. COLLINS - From Denver. First switch leading from main line to yard at Mountain Avenue (Mile Post 74.174).
From Greeley: First switch connecting with West Yard (Mile Post 74.436).
GREELEY - From Ft. Collins: South wye switch (Mile Post 98.26).
CHEYENNE JCT. - From Denver: Switch leading from Ft. Collins Subdivision main line to Wyoming Subdivision main line, known as the north wye switch (Mile Post 119.305). From Guernsey: First switch leading from main line to yard (Mile Post 120.457).
GUERNSEY - First switch leading from main line to yard (CB&Q Mile Post 95.312).
PUEBLO - First switch leading from main line to yard at 4th Street (AT&SF Mile Post 619, plus 342.8 feet).
Note: C&S northbound freights, after departing Minnequa, or held at Missouri Pacific crossing on instructions of Yardmaster or Chief Dispatcher, or held at Pueblo Junction by signal account other trains being in the block between Pueblo Junction and the train yard, terminal delay time for such trains will apply from time such trains are stopped for above reasons. (See Trainmen's Case 1499).
TRINIDAD - From Pueblo: First switch leading from main line to yard (Mile Post 208.08). From Texline: First switch leading from main line to yard (Mile Post 213.96).
TEXLINE - First switch leading from main line to yard (Mile Post 347. 136).
RULE 12 - FORT COLLINS
(A) Crews tied up at Fort Collins when making one or more short turnaround trips on the branches out of Fort Collins or the main line north or south within a radius of 25 miles and not exceeding eight hours, are to be paid one day and if such crew is continued north or south of Fort Collins to final terminal, a new day begins upon leaving Fort Collins, it being the understanding that such crews are not to be run-around crews tied up at Fort Collins, if their rest period is up.
(B) Crews leaving Denver or Cheyenne with running orders to Cheyenne, Denver or Greeley, if thru emergency such as washouts, snow blockades or serious wrecks occurring after passing Fort Collins it is necessary to return them to Fort Collins to tie up, continuous time only will be allowed.
(C) Crews required to perform Fort Collins yard work independent of switching their own trains, either before or after road trip, will be paid a minimum of one day for such service in addition
to road trip.
(D) When Greeley or Cheyenne is the initial terminal, Fort Collins will not be considered a terminal for a crew on a southbound trip.
note: superseded by Article V of Oct. 31, 1985 National Agreement
(E) Crews making Denver Fort Collins double will not be permitted to run around other crews laying at Fort Collins, unless such crews are tied up for rest under Federal Law.
RULE 13 - CHEYENNE SWITCHERS
Section 1. Switching assignments established in Cheyenne Yard will be manned by conductors and brakemen subject to bulletin rules of the respective Agreements, except as otherwise provided in this rule.
Section 2. Cheyenne switching assignments may be assigned to work 6 or 7 days per week at the Carrier's discretion. Bulletins establishing the assignments will specify the number of days per week the assignments shall work and if six days will specify the rest day.
Section 3. Conductors and brakemen assigned to Cheyenne switching assignments will be paid yard foreman and yard helper rates, respectively.
Section 4. Cheyenne switching assignments will have an as signed starting time with the understanding that the starting time may be advanced up to two hours or set back up to two hours on any shift upon proper notice to the crews.
Section 5. It is agreed that Wyoming District road crews will not perform any switching in Cheyenne Yard except in connection with cars to be handled in their own train during the time that switch crews are not on duty.
It is further understood Wyoming road crews can switch out defective cars from their own trains regardless of when discovered. This to apply to Ft. Collins District crews when assigned switch crews are not on duty.
Section 6. If conditions are such that switching diminishes to the extent two assignments are not necessary, a joint study will be conducted, for a period of seven consecutive days, of the assignment the Carrier proposes to discontinue. If the joint study indicates there is an average of less than four hours switching within a spread of ten hours, the assignment may be abolished.
Section 7. If the Organization petitions for re-establishment of the assignment previously abolished, a joint study will be conducted for a period of seven days to determine if road crews are switching an average of four (4) hours per day in the ten-hour period following the end of shift of the remaining assignment.
If the joint study indicates there is an average of mare than four (4) hours switching by road crews, within 10 hours for seven consecutive days, the assignment will be reestablished.
Section 8. In case the Carrier desires to abolish the last switching assignment in Cheyenne Yard, the procedure outlined in Section 6 will be followed. For re-establishment of the assignment the principles outlined in Section 7 will apply.
Section 9. Crews can be used to help trains, Cheyenne to Silver Crown, without additional compensation. Not less than a minimum day at road rates will be paid, in addition to their yard day, if run north of Silver Crown in helper service, or if used north of Cheyenne.
in other than helper service. Crews will not be used in other road service than helper service, when road crews are available. If so used, the crews available will be considered as having been run around.
Section 10. When car snow plow is moved from Cheyenne to Speer without train crew, Cheyenne Yard conductor on duty will be called to act as pilot and paid actual time between Cheyenne and Speer at pro rata rate with a minimum of 25 miles for round trip.
Section 11. If it is necessary to help an eastbound freight train from Cheyenne to Speer, one of the Cheyenne switching assignments may be used for this purpose. The switcher crew so used will be allowed actual time consumed on the trip Cheyenne to Speer and return with a minimum of one hour at pro rata in addition to other allowances for that tour of duty. There will be no penalty claims submitted by Ft. Collins trainmen by reason of using the Cheyenne crew in this helper service.
RULE 14 - LEADVILLE-CLIMAX
This assignment includes all switching in Leadville Yard and Climax.
The Leadville-Climax assignment shall consist of not less than one conductor and one brakeman.
For rights to seniority on this assignment see Appendix 17.
RULE 15 - WORK, WRECK AND SNOW PLOW SERVICE
(A) Trainmen used in work, wreck and snow plow service will be paid on an hourly basis, with a minimum of eight (4) hours, and overtime after eight (4) hours.
Work, wreck and snow plow trains operating partly within yard limits and partly on the road adjacent to such yard limits will be manned by road trainmen. This also applies to rail detector car, Woolery weed burners and self-propelled machines.
(B) When necessary to use conductor or brakeman as rotary pilot he will receive pay for actual time performed in such service with minimum of one (1) hour at his regular rate, in addition to his regular pay, while performing service as one of the train crew; the Company will endeavor to have a pilot on rotary entirely apart from the train crew.
(C) When trainmen enroute are used in work train or snow plow service on account of floods, washouts, snow storms or slides, or when trainmen enroute are delayed by such conditions, time to be computed as follows:
For the first sixteen (16) hours of each twenty-four (24) hour period crews will be allowed two hundred fifty (250) miles. Should miles run exceed two hundred fifty (250) or hours worked exceed sixteen (16) in any twenty-four (24) hour period, actual miles or hours will be allowed. If service is resumed during the first sixteen (16) hours of any twenty-four (24) hour period, time will be computed continuously from end of previous twenty-four (24) hour period. Twenty-four (24) hour periods to begin at time crew was ordered to report for duty at initial terminal.
The last eight (8) hours of each twenty-four (24) hour period may be deducted.
This also to apply to crews sent out for exclusive snow plow service.
This Paragraph (C) not to apply to regular work or wreck trains.
EXAMPLES
(1) Crew reports for duty at A (initial terminal) at 10:00 A.M., November 4th, runs to C, an intermediate point, and held at C, 4:00 P.M. November 4th to 10:00 A.M., November 5th. Leaves C at 10:00 A.M., November 5th, arrives at terminal at 11:00 P.M., November 5th.
Crew paid: Miles
10:00 A.M., Nov. 4th to 10:00 A.M., Nov. 5th .......................................................... 250
10:00 A.M., Nov. 5th to 11:00 P.M., Nov. 5th ......................................................... 194
TOTAL ..................................................... 444
(2) Crew reports for duty at A (initial terminal) at 1:00 P.M., January 2nd, arrives at E, an intermediate station, and is tied up at 1:00 A.M., January 3rd, remains at E until 2:00 P.M., January 6th at which time crew starts on trip and arrives at terminal at 2:00 A.M., January 7th.
Crew Paid: Miles
1:00 P.M., Jan. 2nd to 1:00 P.M., Jan. 3rd ................................................................ 250
1:00 P.M., Jan. 3rd to 1:00 P.M., Jan. 4th ................................................................. 250
1:00 P.M., Jan. 4th to 1:00 P.M., Jan. 5th ................................................................. 250
9
1:00 P.M., Jan. 5th to 1:00 P.M., Jan. 6th ................................................................. 250
1:00 P.M., Jan. 6th to 2:00 A.M., Jan. 7th ................................................................ 194
TOTAL ......................................................................... 1194
(3) Crew reports for duty at A (initial terminal) at 6:00 A.M., July 8th, tied up at D, an intermediate station, at 9:00 P.M., July 8th, used on work train at washout or slide 6:00 A.M., July 9th to 6:00 P.M., July 9th, tied up at 6:00 P.M., the 9th to 6:00 A.M., July l0th, lays at D performing no actual service until 6:00 A.M., July 11th, runs D to terminal on July 11th, leaving D at 6:00 A.M., arriving at terminal at 1:00 P.M.
Crew paid: Miles
6:00 A.M., July 8th to 6:00 A.M., July 9th ................................................................. 250
6:00 A.M., July 9th to 6:00 A.M., July 10th ............................................................... 250
6:00 A.M., July 10th to 6:00 A.M., July 11th ............................................................. 250
6:00 A.M., July 11th to 1:00 P.M., July 11th .............................................................. 100
TOTAL ............................................................................... 850
RULE 16 - HELD AT OTHER THAN HOME TERMINAL
(A) 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 of the daily rate paid them for the last service performed. If held sixteen
hours after the expiration of the first 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.
(B) 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.
(C) For the purpose of applying this rule the railroad will designate a home terminal for each crew in pool freight and in unassigned service.
RULE 17 - MEAL ALLOWANCES
(A) The meal allowance provided for in Article If, Section 2, of the June 25th, 1964 National Agreement, as amended, is shown on the current wage rate sheet.
(B) Trainmen will be allowed an additional meal allowance when held at away from home terminal in excess of twenty-seven (27) hours.
RULE 18 - DEFINITION LOCAL OR WAY FREIGHT
(A) Trains loading or unloading way freight, doing station switching, filling water cars, watering section houses, extra gangs, concrete outfits, depots or unloading supplies from company supply car, or re-railing cars which were not in their train or derailed by such crew, will be considered
local or way freight trains. Local work will be confined to regular local trains as far as possible. This
does not apply to through or irregular freight trains picking up or setting out tonnage enroute, provided cars picked up or set out do not have to be spotted by such train for loading or unloading. Spotting stock cars at stock chutes by trains handling such cars into the station is not to be considered local work under this Article.
(B) Crews making a straight shove in placing empties at coal mines for loading or picking up loads at such mines without switching will not be considered local. If more than three switches at one mine are required in performing mine service, local rate will apply.
(C) Crews required to load or unload ties, posts, cinders, bridge or other company material unless in case of extreme emergencies such as wash-outs, burned bridges, or similar causes, will be paid as per Paragraph (A). This paragraph not applicable to exclusive work train service.
D) When necessary for crews to pull empty cars from chutes or do other switching in connection with placing cars on chutes for unloading, same will be considered local work, but in cases where it is only necessary for the crew handling coal into stations where coal chutes are located, setting same direct on chutes for unloading without pulling empty cars from chutes, same is not to be considered local work.
(E) Regularly assigned local crews, when used in other service on days the local is scheduled to run, will be paid the local rate.
RULE 19 - GUARANTEE OF REGULARLY ASSIGNED WAY FREIGHT, ETC.
(A) Regularly assigned way freight, beet runs, coal runs, wreck, work and construction trainmen who are ready for service the entire month and who do not lay off of their own accord, will be guaranteed not less than 100 miles, or eight hours, for each calendar working day, exclusive of overtime (this to include legal holidays). If, through act of Providence, it is impossible to perform regular service, guarantee does not apply.
(B) Crews may also be used in any other service to complete guarantee when for any reason regular assignment is not worked, but such service shall be paid for at schedule rates unless earnings from such rates would be less per day than would have been earned in regular assignment.
RULE 20 - HOURS OF SERVICE
(A) 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.
(B) 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.
(C) 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.
(D) A continuous trip will cover movement straightaway 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.
(E) 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 crews resume duty on a continuous trip, they will be paid miles or hours, whichever is the greater, from the tie-up point to the next tie-up point, or to the terminal. This article does not permit crews to be run through terminals unless such practice is permitted under their schedule.
(F) Road crews tied up for rest under the law, and then towed or deadheaded into terminal, with or without locomotive or caboose, will be paid therefor as per Paragraph (E), the same as if they had run the train to such terminal. However, if such crews are towed or deadheaded before having been tied up eight hours they will be paid continuous time from time going on duty until arrival at the terminal.
(G) When a train crew is sent out to bring in a train tied up under the Sixteen Hour Law, such crew will be understood as having done its day's work.
(Note: Amended by Public Law 91-169).
RULE 21 - RELEASE BETWEEN TERMINALS
(A) Trainmen will not be relieved between terminals of runs, except in cases of extraordinary delays. If the actual delay is less than twenty-four hours, continuous time will be allowed from commencement of trip on which the delay occurs.
(B) This provision shall not apply to work train, wrecking, and snow plow service.
(The construction of this rule will be that trains are to be tied up only in case of serious wrecks, washouts, or other causes which make the movement of trains impossible, or as provided in Hours of Service Rule 20.)
RULE 22 - CALLED AND NOT USED
When trainmen are called and for any reason they do not go out, and they are held on duty less than four hours, they shall be allowed fifty miles and stand first out; if more than four hours, they shall
be allowed one hundred miles and stand last out.
Note: If a crew is called and after reporting for service circumstances arise which will not permit the crew to immediately go out, they will be notified at that time that they are either released from service or are recessed and will again be called. If they are notified that they are released, they will be paid under the provisions of this rule and when called again, it will start a
new day. If they are notified that they are recessed, it will be understood that they are still in service and will be paid continuous time from the time reporting for service until they are finally released. (Case 1197).
CALL CANCELLED
In case a call is cancelled before a trainman reports for duty, no compensation will be allowed.
REPORTING FOR DUTY
In assigned road service where employees report for duty without being called and it is desired on any day to defer the reporting time, advance notice shall be given not less than the usual advance calling time for reporting for duty at each terminal and in accordance with usual calling practices at such terminal. The employee shall be notified at such time when he is to report and only one such de-
ferment may be made. In such cases the time of the trip or tour of duty shall begin at the time the employee is required in accordance with said notice of change to report for duty and does so report.
If not so notified, the reporting time shall be as provided in the assignment.
Where employees are called, existing rules or practices are not changed or affected by this rule.
Note: See Appendix 15,
RULE 23 - DEADHEADING
(A) Trainmen deadheading account company business on freight trains will be paid actual miles, but no overtime. Not less than eight (8) hours will be allowed for any deadhead trip where deadhead trip and waiting for duty consumes more than 24 hours, except that trainmen going on duty at end of deadhead trip within 24 hours shall only be allowed actual miles. First crew out will deadhead, second crew out will run train. On arrival at terminal, crews will stand in the same order as when deadheading started.
(B) Deadheading under the provisions of this rule shall pay actual highway miles at full rate of pay of class of service deadheaded to or from if other than rail transportation is used and actual
rail miles if deadhead is made on freight train. In addition, when use of private automobile is properly authorized, the prevailing mileage allowance will be allowed according to Official State highway charts.
(C) No deadhead time will be allowed trainmen deadheading on account of a new assignment or seniority rights.
RULE 24 - LIGHT RUNS
Light runs with locomotive and caboose will be paid at regular rates, full crew to be used.
RULE 25 - FIRST IN FIRST OUT
(A) Chain gang crews shall be run first in, first out, in respective service on their respective districts. Extra men to be handled in the same manner, with the exception as to coal runs and runs carrying passengers.
Crews or individual trainmen called to deadhead will be called to go on duty at the same time as the road crew. Rule 10 does not apply.
(B) Trainmen not called to leave in their turn, and are run around, shall be placed in their turn, if it can be done, on the next trip. If they cannot be placed in their turn, they shall be allowed fifty miles, provided they were called within eight hours from the time they were run around. If not called within eight hours, they shall be allowed one hundred miles. Trainmen that have been run around shall stand first out until called. Trainmen are not run around when they take the trains called for, or when held under the Federal Hours of Service Law.
(C) 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.
RULE 26 - CALLING TRAINMEN
(A) Trainmen will be called by caller who will be provided with a book in which the men called shall sign their names, showing the time they were called, unless trainmen are called by telephone, in which case, trainmen shall answer personally, and caller shall make proper record. The district within which trainmen will be called will be established by the Superintendent.
(B) Trainmen will be called two hours, as nearly as practicable, before required to report for duty.
RULE 27 - DISTRICT RIGHTS
(A) Trainmen will hold equal rights in passenger and freight service on their respective districts.
(B) All New Mexico District freight runs will be considered preferred runs and freight trainmen on this district will not be called to run on the Trinidad District, except in cases of emergency.
RULE 28 - HELPER SERVICE PUEBLO HELPER DISTRICT
(A) A helper district is established for the purpose of helping trains between Pueblo and Cedarwood, with home terminal at Pueblo.
(B) One conductor will be assigned to work on each assignment in this helper service.
(C) Where more than one conductor is assigned to helper service the bulletins establishing the assignments will specify the time periods in which conductors will be subject to duty.
Example:
Helper Assignment No. 1
Conductor subject to call for duty between 6:00 a.m. and 6:00 p. m.
Helper Assignment No. 2
Conductor subject to call for duty between 6:00 p.m. and 6:00 a. m.
It is understood that if conductors are not called for duty in the first four hours of their assigned hours, they will automatically go under pay at the expiration of the fourth hour, but will not go on duty until called to go on duty.
(D) Conductors assigned to helper service will be paid the rate allowed crews making turns south of Pueblo as such rate applies to conductors.
(E) Conductors in assigned helper service may be used to make one or more helps on a continuous time basis, provided that any trip starting out of terminal after the expiration of eight (8) hours from time required to report for duty on initial trip, or after helper crew has made one hundred (100) miles shall be paid for on the basis of a new day.
(F) Conductors assigned to helper service shall be allowed a minimum of one hundred (100) miles for each date on which no helper service is begun.
(G) Final terminal delay will not be paid assigned helpers except when one hundred (100) miles or more are made.
(H) Conductors in assigned helper service used in other than helper service shall be allowed a minimum day therefor at the rate and under the rules governing the service performed, but such miles or hours in other service shall not be used in computing overtime in helper service.
(I) Helper assignments will not be considered as having a mile age component and the assigned conductor, if qualified, will receive holiday payment in accordance with Article I of the June 25, 1964, Agreement as revised.
(J) Temporary vacancies on helper assignments will be filled by extra conductors from Trinidad, who will be allowed deadhead pay (mileage allowance if their personal automobile is used) and Away From Home Expenses in accordance with Article 11 of the June 25, 1964 Agreement as revised, if eligible for those allowances.
(K) 1. Effective October 22, 1979, the Pueblo Helper Assignments will be advertised to conductors for ten (10) days. The advertisement will specify that the successful bidders will be assigned to the positions until June 14, 1980.
2. Each June 1st, in subsequent years, the Pueblo Helper Assignments will be advertised for a period of ten (10) days with assignments to be effective June 15th of each year until June 14th of the following year.
3. Applications will be received from promoted conductors on the entire seniority district, and the senior conductors applying for the conductors' vacancies will be assigned to the positions for the period of the assignments and will not be permitted to vacate the assignments, nor may they be displaced from the assignments unless they can no longer hold any position including extra boards as brakemen-yardmen on the entire seniority district.
4. If no applications are received for a conductor's vacancy on a Pueblo Helper assignment, the junior demoted conductor(s) working at or out of Trinidad will be assigned to the vacancy, or vacancies. He (they) will then hold the assignment until June 14th of the following year unless a junior demoted conductor is working at or out of Trinidad and he desires to displace the junior demoted conductor at Trinidad. In that case, the junior demoted conductor at Trinidad must assume the assignment at Pueblo under the same conditions.
(L) This Agreement is no guarantee that the Carrier will continue the Pueblo Helper Service in perpetuity. It imposes no restrictions on the Carrier's right to abolish the assignments at any time. If the assignments are abolished and later reestablished, the assignments will be re-bulletined under the provisions of this Agreement for the remainder of the assignment period to June 14.
RULE 29 - CREW CONSIST
(A) All freight, work, wreck and snow plow trains shall have one conductor and two brakemen, except as herein provided.
(B) The manning of self-propelled machines will be governed by Article III of the June 25, 1964 National Agreement.
RULE 30 - CHAIN GANG CREWS 4000 MILES PER MONTH
When traffic becomes so light that trainmen cannot make 4000 miles per month, including overtime and special allowances, the number will be reduced. This rule not to operate to prevent pool trainmen from making more than 4000 miles per month.
RULE 31 - PILOTS
(A) If and when Management requires a pilot to accompany a light locomotive in road movement, such pilot shall be taken from the ranks of conductors.
(B) Conductors will be used to pilot foreign line trains detouring over C&S tracks.
RULE 32 - PROMOTION TO CONDUCTOR
Section 1. Brakemen-Yardmen will be promoted to the ranks of conductor in accordance with their seniority as brakemen-yardmen.
(a) When a class of brakemen-yardmen is notified of examinations for promotion to conductor, the most senior brakemen-yardmen who have not previously declined promotion or are otherwise ineligible for promotion and have in excess of one (1) or more years in train and/or yard service will be notified 3O days in advance of the date the promotion class is to begin and offered an opportunity to take the examination.
(b) Upon being notified a brakeman-yardman who does not desire to be promoted to conductor will so advise the Carrier and thereafter will not be considered eligible for promotion. Not appearing for examination after being properly notified, without good and sufficient reason, will also be considered as a waiver of promotion, and such brakeman-yardman will no longer be considered for promotion.
(c) A brakeman-yardman who fails the conductor's examination will be notified of his failure and will be called up with the next class for promotion, and if he passes that examination will be given a conductor's seniority date with the class in which he passed the examination in accordance with his brakemen-yardmen seniority. If he again fails or does not complete the second examination, he shall be given another opportunity under the same conditions set forth above, but in the event the third examination is failed he will no longer be considered eligible for promotion.
(d) A brakeman-yardman who is unavailable to take the examination for promotion to conductor, for a reason such as: on vacation, illness, injured or because of a death in his immediate family, will be allowed the opportunity to take the examination at a later time. If he passes the examination, he will be given a seniority date as conductor in the same relative standing as he would have had if he had been available to take the examination when originally scheduled. If he should fail the examination, he will then be subject to the same procedures described in paragraph (c) relating to second and third examinations.
Section 2. Those brakemen-yardmen who are members of the same promotion class and who successfully pass the examination for promotion to conductor will be issued certificates of promotion all dated with the same date on which the last man successfully passed the examination. They will all receive the same seniority dates as conductors as evidenced by the certificate of promotion, in the same relative ranking they hold as brakemen-yardmen.
(The above is recognition that junior men in the class may be examined before senior men have had the opportunity for examination).
RULE 33 - CABOOSE POOLING
(A) So far as available, cabooses of all steel construction will be used in main line service operating through terminals and will be maintained in good order.
(B) All other unassigned cabooses necessary to meet service requirements will be maintained and supplied in good order.
(C) The company will clean, sanitize and supply pooled cabooses. Ice and drinking water available under sanitary conditions, will be supplied and sanitary drinking cups will be part of the ca-
boose equipment. When operating a caboose in pooled service, Trainmen will not be held responsible for leaving terminals without a full quota of supplies other than flagging equipment. The Conductor will wire ahead or on arrival at his final terminal report or order needed service, supplies or equipment. All crew members will cooperate in keeping cabooses in a sanitary condition.
(D) Adequate locker space will be provided at Guernsey, Cheyenne, Fort Collins, Denver, Pueblo, Trinidad and Texline with private lockers being provided at home terminals. Lock and key will be furnished individual pool trainmen and extra men for use on lockers at away-from-home terminals.
(E) Arrangements will be made to provide suitable transportation to transport employees to and from places where they report for duty and are released from duty. The terminals and points within such terminals between which transportation will be furnished will be agreed upon locally before the pooling of cabooses is made effective.
(F) Trainmen in freight service, whose cabooses are pooled under this agreement, will be allowed one-half cent per mile for each road mile actually operated with a minimum allowance of seventy-five cents (.75) for each continuous trip, separate and apart from the trip allowance. If and when cabooses are pooled at outlying points where two or more runs are assigned, the train crews will be entitled to the .75 pooled caboose allowance. This allowance will not be subject to proportionate increases or decreases where rates of pay are adjusted on or subsequent to the effective date hereof.
(G) At the away-from-home-terminal points, pool trainmen who are required to turn back will be permitted to avail themselves of certified lodging facilities, at the carriers expense, irrespective of the four-hour factor of the lodging agreement. If lodging is not utilized under such circumstances, payment of $1.00 will be made. Such payment will not be subject to subsequent increases or decreases.
(H) When pooled cabooses are used on other road assignments the seventy-five cents (75) caboose allowance will apply.
RULE 34 - CABOOSE, SWITCHING
Trains will not be switched at terminals with caboose attached. At points where trainmen sleep in their cabooses, cabooses will be taken off trains and put on designated tracks as quickly as possible after arrival of train and no other cars such as outfit cars, wrecking cars, bad-order cars, etc., will be placed on caboose tracks.
RULE 35 - TIME FOR MEALS
(A) Trainmen in all classes of freight service, except as provided in paragraph (B) hereof, will be allowed a reasonable length of time for eating at convenient places, but train dispatchers will be notified of intention to eat.
(B) Trainmen handling coal trains to MOBA Power Plant (near Wheatland, Wyoming), Comanche Power Plant (near Pueblo, Colorado) and Rawhide Power Plant (near Cheyenne, Wyoming in lieu of being permitted to stop and eat, will be allowed a payment per trip of $4.15, provided they are on duty in excess of six hours from time called on duty until arrival at their final tie-up point.
(C) After six hours on duty, road trainmen in paragraph (A) hereof not allowed time for eating will receive meal allowance of $3.85 In addition to other earnings for the trip.
(D) If the meal allowance of $3.85 now provided In the National Agreements pertaining to expenses away from home is subsequently increased, the amounts provided for in this rule will be increased proportionately."
RULE 36 - VACANCIES
(A) Choice of runs will be governed by seniority, as herein provided.
(B) 1. Except in chain gang service, all new assignments, permanent vacancies shall be advertised for a period of five (5) days. Vacancies in excess of thirty (30) days will be advertised for five (5) days. Senior conductors-brakemen making application will be assigned. When possible, the advertisement will be posted a sufficient time in advance so that bids may be closed before the vacancy occurs. All bids for vacancies must be made in writing and addressed to the official signing the advertisement. The senior applicant will be required to fill the vacancy.
2. Advertisement will be posted in all notice books at terminals. Copy will be furnished conductors-brakemen on runs who do not have access to notice books. Applications received after the expiration of the advertisement will not be considered unless it can be shown that the applicant did not have access to or receive a copy of the advertisement.
3. If no bids are received for new assignments or permanent vacancies, the most junior demoted conductor on the district, or the most junior brakeman on the extra board(s) on the district, will be required to fill the vacancy.
Question: Will a demoted conductor or brakeman who is assigned under the provisions of Section (B) 3, be permitted to exercise his seniority to yard service before he has completed twenty-eight (28) days on the assignment?
Answer: No. He must remain on the assignment for a minimum period of twenty-eight(28) days before he can go into yard service unless he is displaced by a senior employee or his seniority permits assignment to other road service.
(C) 1. Vacancies for conductors of less than thirty (30) days' duration or of unknown duration of permanent vacancies under advertisement which have not expired will be filled by the senior demoted conductor working as brakeman on the assignment. He will hold the assignment until the regular conductor returns or until the vacancy has been filled under notice advertising the assignment.
2. If there is no demoted conductor working on the assignment as described in (C) 1, above, the first-out demoted conductor on the extra board will fill the assignment and will hold the assignment until the regular conductor returns or until the vacancy has been filled under notice advertising the assignment.
3. If no demoted conductors are available under (C) 1, or (C) 2, above, the junior available demoted conductor at source of supply, at time of call, will fill the assignment until regular conductor returns or until the vacancy has been filled under notice advertising the assignment.
Question: Will a demoted conductor who is assigned to a position under provisions of Section (C) 2, or (C) 3, be permitted to exercise his seniority to yard service before he has been relieved from the assignment?
Answer. No.
(D) 1. New assignments and permanent vacancies in chain gang service will be filled by the senior conductor or brakeman making written application.
2. Vacancies, in chain gang service, of thirty (30) days or less will be filled by the senior demoted conductor working as brakeman on that crew. He will hold the assignment until the regular conductor returns.
3. If there is no demoted conductor working on the assignment as described in (D) 2, above, the first-out demoted conductor on the extra board will fill the vacancy until the regular conductor returns.
4. If no demoted conductors are available under (D) 2, and 3, above, the junior available demoted conductor at source of supply, at time of call, will fill the vacancy until the regular conductor returns.
5. Vacancies in chain gang service in excess of thirty (30) days will be filled by the senior conductor or brakeman making written application.
(E) 1. When extra crews are made up from the extra board, the first-out demoted conductor will be the conductor of the made-up crew, except when two or more of the three men called for a made up crew are demoted conductors the senior demoted conductor on the crew will act as conductor.
2 If no demoted conductor is available on the extra board for an extra crew, the mast junior available demoted conductor at the source of supply will fill the conductor's assignment.
(F) Vacancies for brakeman in all classes of service, except as provided in paragraph (G) of this Rule, will be protected day by day, by extra brakeman first-out on the extra board.
(G) In filling brakemen's vacancies at outlying points, brakemen first-out on the extra board at calling time will be deadheaded to fill the vacancy and will remain on the vacancy until the regular man returns or until displaced by a brakeman bidding on the vacancy.
Question: Will a brakeman who is assigned to a position under the provisions of Section (G) be permitted to exercise his seniority to yard service before he has been relieved from the assignment?
Answer. No.
(H) 1. Any conductor or brakeman who lays off for any reason will not be permitted to return to service until he has been off for at least 24 hours, except chain-gang conductors and brakemen may return to service after being off one trip.
2. A demoted conductor who lays off on call or misses a call for service at an outlying point must be off at least 24 hours from time called and upon returning to service must relieve the conductor who was sent to the outlying point in his place. It is understood the conductor who laid off or missed a call will not be paid any deadhead allowances going to or returning from the outlying point as a result of relieving the conductor who took his place.
3. An extra board brakeman who lays off on call or misses a call for service at an outlying point must be off at least 24 hours from time called and upon returning to service must relieve the extra brakeman who was sent to the outlying point in his place. It is understood the extra board brakeman who laid off or missed a call will not be paid any deadhead allowances going to or returning from the outlying point as a result of relieving the extra brakeman who took his place.
(I) Conductors or brakemen regularly assigned in excess of twenty-eight (28) days may, upon seven days advance written notice (which cannot be canceled), displace any junior conductor, brakeman or switchman. The assignments vacated by conductors or brakemen displacing under the provision of this section will be advertised as provided in (B) 1.
(J) Trainmen displaced must exercise their displacement rights within (48) hours after having been notified of displacement. Failing to exercise displacement rights within (48) hours, trainmen will only be permitted to place last out on the brakemen's extra board at the point where displaced.
(K) A conductor or brakeman returning from leave of absence or absence account of accident, sickness or vacation may, within five (5) days of the time he reports for duty, displace any junior man who was assigned on the position advertised during his absence. If there are any advertisements for assignments that have not expired at the time of his return to service, he will either have to bid on such assignments or forfeit his rights to such assignment.
Note: In some cases the senior demoted conductor working as brakeman on an assignment is not immediately available to assume service as a conductor on the assignment because of laying off, vacation or other legitimate reasons for being absent from his regular assignment as brakeman. In those instances where the regular senior demoted conductor on an assignment returns to service on that assignment he will be required to assume service as conductor on that assignment relieving the conductor who was assigned under the provisions of (C) 2, (C) 3, (D) 3 or (D)4. The conductor so relieved will return to his assignment as brakeman.
In connection with the filling of permanent vacancies in chain gang service as described in Section (D)I and (D)5 of this rule, written application is construed to mean prior written application to be kept on file and if and when a permanent vacancy occurs the senior conductor or brakeman with application on file will be assigned immediately and the vacancy will be considered closed.
RULE - 37 - REPORTING FOR DUTY AT OUTLYING POINT
(A) A trainman assigned at an outlying point who has been laying off for any cause, or a trainman exercising his seniority on an assignment at an outlying point, must report for duty a day previ- ous to his return, but not less than four (4) hours before completion of the day's work of that assignment.
(B) If more than one assignment is tying up at an outlying point, paragraph (A) of this Rule will not apply to a trainman displaced at that point who desires to exercise his seniority on another assignment working out of that point.
(C) When calling extra employees, to fill vacancies on outlying assignments on all Districts, (excluding Leadville and Golden) they will be given a ten (10) hour call prior to on duty time of assignment in which the vacancy exists.
NOTE: This will permit the extra employee to drive his auto to the outlying point and get 8 hours rest prior to the starting time of the assignment. Such extra employees will be entitled to one meal allowance at the outlying point in advance of starting time of his assignment.
RULE 38 - LAY OVER DAYS - LOCAL - ROAD SWITCHERS
Crews on regularly assigned local freight runs will not be available for duty on their layover day, except in emergency. Also applies to road switchers.
RULE - 39 - FREE TRANSPORTATION
When assignment, change of division or change of run requires trainmen to change their place of residence, they will be furnished free transportation for their families and household goods over the lines of the Colorado and Southern to their new place of residence at time of transfer.
RULE 40 - COPY TRAIN ORDERS Canceled 11-14-1983
Train and engine service employees will not be required nor permitted to copy train orders, or to block or report trains by telephone or telegraph, except under emergency conditions, which are defined as follows:
(1) Storms, fogs, washouts, high water,
(2) Wrecks, slides, snow blockades;
(3) Accidents, obstructions to tracks;
(4) Unusual delays caused by engine and equipment, failures, break-in-two's, hot boxes, and failure of fixed signals;
(5) When train has been delayed by non-arrival of another train at meeting or passing point for thirty (3O) minutes or more; and
(6) Other unforeseen situations where life or property may be in jeopardy, requiring immediate attention, which could not have been anticipated when train was at previous telegraph office and which would result in serious delay to trains.
It is further understood and agreed that:
(a) Telephone conversations about work;
(b) Telephone conversations about probable arrival time of trains; and
(c) At junction points and spur tracks where telegraphers are not employed to obtain a check of trains direct from train dispatcher for such trains as are due to arrive at such junction point after branch line train has departed from last train order office before arrival at junction, and, if after check of overdue trains has been obtained, it is necessary to copy a train order for the purpose of moving the train, such train order may be copied covering movement from such junction point;
will not be construed as a violation of this agreement.
(7) When a Road Conductor is required to copy a message or clearance form, or a train order by telephone direct from the Train Dispatcher or from Operator at another station, other than provided in exceptions (1), (2), (3), (4), (5) and (6) and items (a), (b) and (c) of the rule he will be compensated therefor by payment of fifteen (15) minutes at the applicable overtime rate in each instance that such service is required, in addition to all other trip allowances.
RULE 41 - SOUTHERN DIVISION - FREIGHT SERVICE
(A) Southern Division road crews in freight service will not be required to handle cars from Pueblo train yard to be set out at Minnequa, except that they may set out cars that develop defects
after leaving Pueblo train yard or they may set out cars erroneously placed in their train. Southern Division road crews will not be required to pick up cars at Minnequa for handling to Pueblo train yard.
(B) Southbound Southern Division road crews in freight service required to pick up cars at Minnequa will only pick up cars that are first out on tracks on which such cars are placed.
Note: Yard engine at Minnequa groups various types of cars on different tracks for pick up by Southern Division crews, such as hopper cars on one track; flat bottom dump cars on another
track; commercial loads other than railroad steel on another track; railroad steel on still another track, etc.
(C) If required to pick up cars at Minnequa that are not first out on tracks but require switching, road crews will be allowed a minimum day at yard rates.
(D) Northbound Southern Division road crews in freight service may be required to set out cars at Minnequa but if required to set out cars for direct delivery to the C&W Railway on the interchange tracks and cars destined to Minnequa but not for immediate delivery to the C&W Railway on other yard tracks, will be paid local rates of pay in compliance with Western Train Service Board Decisions 2781 and 2782.
(E) Northward trains leaving Trinidad will have all cars assembled in train for proper set out at Minnequa. Road crews picking up enroute after departing Trinidad will maintain pickups in the proper groups for set out at Minnequa.
RULE 42 - COUPLING AIR
1. Trainmen will not be required to couple air hoses at Denver and Pueblo (not including Minnequa) except between the engine and first car, when closing up crossings, and when doubling train together.
2. Trainmen may be required to couple air hoses at Guernsey, Cheyenne, Trinidad and Texline, and when required to couple air hose other than between the engine and first car, when closing up crossings, and when doubling train together, each member of the crew will be paid an arbitrary allowance of thirty (30) minutes at pro rata rates, such allowance to be made in addition to and independent of other allowances.
RULE 43 - BRAKEMAN'S EXTRA BOARD REGULATION OF BRAKEMEN'S BOARD
(A) The Colorado and Southern Railway Company will cooperate with the United Transportation Union so far as it is practicable to do so, in the regulation of the Brakemen's Extra Board so that extra brakemen will be permitted to work not less than 2400 miles per month nor more than 3000 miles per month. In so cooperating, it is understood that the Railway Company is not guaranteeing any amount of miles for brakemen on the Extra Board. This Agreement not to operate to prevent extra brakemen from making more than 3000 miles per month provided the exigencies of service require more than the maximum.
(B) In the regulation of the Brakemen's Extra board, as above provided, it is understood that in the event less than the minimum number of miles is made or more than the maximum number of miles is exceeded, the Board will be reduced or increased in order to comply with the regulation; provided, however, that it will not interfere with the economical and efficient manning of crews in road service.
RULE 44 - ROAD SWITCHER
(A) The following assignments now in operation will be considered as Road Switchers and subject to all the terms of this Agreement:
a. Fort Collins Switcher
b. Greeley Local
c. Longmont Switcher
d. Golden Switcher
e. Leadville-Climax Switcher
(B) The assignments named in Section I may be abolished and additional road switcher assignments may be established to operate within specified territorial limits provided they are established in conformity with the terms of this Agreement. Except road switcher assignments will not be established with home terminals at Cheyenne, Denver or Trinidad.
It is recognized that the term "Road Switcher Assignment" contemplates turnaround service operated within limits hereinafter described whose basic function is to perform switching service in connection with its own and other trains within those limits, although not limited solely to that service.
(C) The territorial limits of a road switcher assignment shall not exceed twenty-five (25) miles in any direction from the terminal of the assignment. Crews may be run back and forth over the territory within the limits of their assignments, into, out of and through assigned terminals of their own or other runs without additional pay or penalty accruing to any assignment therefor, but may not be run beyond the territorial limits of their assignment except as starting a new day. Bulletins shall specify terminal, time to commence service and number of days (6 or 7) assignment is scheduled to work. It is understood crews may be called no more than 3 hours 59 minutes later than their bulletined starting time, provided they are notified prior to completion of work the preceding work day. It is also understood that if the bulletined starting time is changed two hours or more, or terminal is
changed or assigned work days are changed, the assignment will be immediately re-bulletined.
It is understood that on specific assignments the parties may, by agreement, extend the territorial limits as described above.
(D) Eight hours or less shall constitute a day's work, with overtime after eight hours.
(E) Conductors and trainmen on road switcher assignments will not be subject to initial or final terminal delay and terminal switching rules, side or lap-back rules, car scale rates of pay or more than one class of service rules. Conductors and trainmen may weigh cars and couple or uncouple chains or air hoses without additional payment.
(F) Any other assignment operating in the same territory as a road switcher assignment may perform any of the service that is performed by the road switcher crew in its particular territory and vice-versa without penalties accruing to either for any service required.
(G) Assignments established under provisions of this Agreement shall be paid the following basic daily rates:
Conductor Brakeman
$53.92 $49.96 5/1/76
(H) It is understood this Agreement does not change the crew consist of the Leadville-Climax Switcher.
(I) The Road Switcher assigned with home terminal at Wheatland, Wyoming, will have territorial limits from Chugwater, Wyoming to Wendover, Wyoming; and the extended limits will include all the tracks at Chugwater and Wendover.
RULE 45 - UNIT GRAVEL TRAIN
This Agreement is made in recognition of the mutuality of interest between the parties in attracting competitive traffic to the railroads which otherwise would not be possible.
IT IS AGREED:
Unit gravel trains operating between Denver, Colorado and Lyons, Colorado will be manned as follows:
1. The work of handling unit gravel trains will be apportioned between BN employees and C&S employees on the basis of 2 fifths BN and 3 fifths C&S.
2. The unit gravel train will be manned by a C&S train crew consisting of one (1) conductor and two (2) brakemen and will be assigned for a six (6) week period. At the completion of the initial six weeks a BN train crew consisting of one (1) conductor and two (2) brakemen will be assigned for four weeks and thereafter the assignment will alternate on the same basis. A BN fireman is entitled to exercise seniority on the assignment during the time the BN train crew is assigned under provisions of the Manning Agreement dated July 19, 1972, The assignment will be bulletined as an assigned local under the appropriate schedule rules applicable to C&S and BN employees in sufficient time so that changeover maybe made with assigned crews. The crews will operate under the schedule rules of their respective railroads.
3. In the event it becomes necessary to run more than one unit train per day, the additional trains will be manned in accordance with the provisions set forth in Section 2 hereof.
4. Conductor pilots will not be required on unit gravel trains operating under this agreement over C&S and BN tracks and crews will not be required to qualify on their own time.
5. Home terminal for crews assigned to unit gravel trains will be Denver, Colorado.
6. This assignment will not be considered as having a mileage component and assigned crews will qualify for holiday payment in accordance with applicable provisions of the National Holiday Agreements.
7. Crews assigned to this service will not be required to handle cars other than those used in the unit gravel train operation.
This Agreement anticipates the operation of unit gravel trains for several years, and it is understood the operation is dependent on the orders of the customer and the service required by the customer. The length of the hauling season is contingent on the service required and this Agreement cannot be construed as a guarantee of any kind except every effort will be made to divide the work opportunity between the employees as specified in Section 2.
RULE 46 - PAID HOLIDAYS - ROAD SERVICE EMPLOYEES
The following provisions shall apply to regularly assigned road service employees paid on a daily basis:
(a) Each regularly assigned road service employee in local freight service, including road switchers, roustabout runs, mine runs, or other miscellaneous service employees, who are confined to runs of 100 miles or less and who are therefore paid on a daily basis without a mileage component, and who meet the qualifications set forth in paragraph (c) hereof, shall receive one basic day's pay at the rate for the class and craft of service in which last engaged for each of the following enumerated holidays:
New Year's Day Labor Day
Washington's Birthday Veterans' Day
Good Friday Thanksgiving Day
Decoration Day Christmas Eve
Fourth of July 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.
(b) Any of the employees described in paragraph (a) hereof who works on any of the holidays listed in paragraph (a) hereof 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.
(c) To qualify for holiday pay, a regularly assigned employee referred to in paragraph (a) hereof must be available for or perform service as a regularly assigned employee in the classes of service referred to on the work days immediately preceding and following such holiday, and if his assignment works on the holiday, the employee must fulfill such assignment. However, a regularly assigned employee whose assignment is annulled, canceled or abolished, or a regularly assigned employee who is displaced from a regular assignment as a result thereof on (1) the workday immediately preceding the holiday, (2) the holiday, or (3) on the workday immediately following the holiday will not thereby be disqualified for holiday pay provided he does not lay off on any of such days and makes himself available for service on each of such days excepting the holiday in the event the assignment does not work on the holiday. If the holiday falls on the last day of an employee's work week, the first workday following his "days off" shall be considered the work day immediately following. If the holiday falls on the first workday of his work week, the last workday of the preceding work week shall be considered the workday immediately preceding the holiday.
(d) Weekly or monthly guarantees shall be modified to provide that where a holiday falls on the workday of the assignment, payment of a basic day's pay pursuant to paragraph (a) hereof, unless the regularly assigned employee fails to qualify under paragraph (c) hereof, shall be applied toward such guarantee. Nothing in this Section shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the carrier's right to annul assignments on the holidays enumerated in paragraph (a) hereof.
(e) That part of all rules, agreements, practices or understandings which require that crew assignments or individual assignments in the classes of service referred to in paragraph (a) hereof be worked a stipulated number of days per week or month will not apply to the ten holidays herein referred to; but where such an assignment is not worked on a holiday, the holiday payment to quali-fied employees provided by this rule will apply.
(f) As used in this rule, the terms "workday" and "holiday" refer to the day to which service payments are credited.
(g) Special Qualifying Provision - Employee Qualifying for Both Christmas Eve and Christmas Day
An employee who meets all other qualifying requirements will qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned employee) or the "calendar day" (for an extra or unassigned employee) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day," as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" after the holiday.
An employee who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions applicable to holidays generally.
(h) When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period. In road service, lost days preceding or following the vacation period due to the away-from-home operation of the individual's run shall not be considered to be workdays for qualifying purposes.
(i) Not more than one time and one-half payment will be allowed, in addition to the "one basic day's pay at the pro rata rate," for service performed during a single tour of duty on a holiday
which is also a work day or a vacation day.
Note: It is understood that when a regularly assigned employee, holding an assignment subject to Article 1, Section 2, of the Agreement of June 25, 1964, who performs compensated service at least one day on his regular assignment in the week in which the holiday falls, is required to be used off his assignment to protect other service on one or both qualifying days and/or on the holiday, performing or being available for the service he is called to protect will qualify him to receive the holiday basic day's pay at the rate of his regular assignment. He will be paid at the rate of time and one-half for service performed on the holiday provided he works on his regular assignment, and only then if he meets the qualifying requirements, set forth in Article 1, Section 2 (c) as interpreted herein.
A regularly assigned employee holding an assignment which is not subject to Article 1, Section 2, but who is called to protect other service on an assignment which is subject to Article 1, Section 2, will qualify for payment of the basic day for the holiday if he is available for or performs service on such assignment on the qualifying days and on the holiday, provided no other employee qualifies for holiday pay on such position. If the assignment works on the holiday, he will be paid at the rate of time and one-half for service performed on the holiday.
YARD SERVICE
RULE 47 - BASIC DAY
Eight hours or less shall constitute a day's work. Time worked in excess of eight hours will be paid as overtime.
RULE 48 - RATES OF PAY
Note: Current Rates of Pay Schedules furnished by the Carrier.
RULE 49 - FOOTBOARD YARDMASTERS
Yard Foremen, when instructed to act in capacity as footboard yardmasters, will be paid not less than two-thirds of one hours pay in excess of yard foreman's rate.
RULE 50 - FIVE-DAY WORK WEEK
Section 1: (a) Beginning on the date this Agreement becomes effective on any Carrier, and such Carrier will establish, for all classes or crafts of yard service employees 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) Listing the days off of regular assignments, and advertising for bid regular relief assignments.
"Days off" period of assignments, as established the effective date of this Agreement, shall remain unchanged, except when it is necessary to establish new "days off" period resulting from the creation of new assignments or the discontinuance of assignments.
(2) Blank
(a) "
(b) "
(c) "
(d) "
(3) Blank
(4) After assignments as referred to in Section I (b) (1) have been established, changes thereafter shall be made in accordance with Rule 62 (C) of the Current Schedule.
Section 2: The term "work week" for regular assignments, and also regular relief assignments, shall mean a work week beginning on the first day on which those assignments are bulletined to work, and for extra employees shall mean a period of seven consecutive days starting with Monday.
Section 3: (a) When service is required by 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 employees when not protected in the foregoing manner. (This does not disturb rules or practices involving the use of emergency men or unassigned employees.) Where regular relief assignments are established, they shall, except as otherwise provided in this Agreement, have five consecutive days of work, designated days of service, and definite starting times on each shift within the time periods specified in the starting time rules. They may on different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going on and off duty which shall be the same as those of the employee or employees they are relieving.
(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 which shall be the same as those of the employee or employees they are relieving.
(c) After the starting times and days of service have been established, changes therein may be made only in accordance with schedule or bulletined 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. 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 the property desires, the designated days off need not be the same for individual members of a crew.
Representatives of the Carrier and of the employees will cooperate in designating days off of individual members of a crew.
(Note: It is recognized in the application of the foregoing that the nature of the work on certain assignments will require that some member or members of the crew have knowledge of the work of the assignment and that this will be considered one of the operational problems).
It is agreed that crews regularly assigned to House, Train Yard, and West End engines at Denver will be relieved as a unit. On all other assignments at Denver and Trinidad, crews will be relieved as individual members.
(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: Blank.
Section 5: Blank.
Note: It is agreed employees working from the common road and yard extra board at Trinidad will not be permitted to work in excess of five days in a calendar week in Trinidad yard service, but when worked in yard service will not restrict their rights to be used in road service in their turn.
Section 6: (a) Existing rules which relate to the payment of daily overtime for extra employees and practices thereunder are not changed hereby. Any shift in yard service in excess of eleven straight-time shifts in yard service in a semi-monthly period will be paid for at time and one-half rate.
The Yardmen's Extra Board will be reestablished as of 12:01 A.M. each first day and 16th day of each month.
Note: It is recognized that the Carrier is entitled to have an extra employee work eleven straight time shifts in yard service in a semi-monthly period without regard to overtime shifts which may be worked under provisions of the Agreement of May 25, 1951. After an extra man has worked eleven straight time shifts in yard service in a semi-monthly period he will remain on the extra board, but will not be used in yard service during the remainder of that period if other extra men are available who can work in such service at the straight time rate,
(b) In the event an additional day's pay at the straight time rate is paid to an extra employee for other service performed or started during the course of his tour of duty in yard service, such additional day will not be utilized in computing the eleven straight time shifts referred to in paragraph (a) of this Section.
(c) The principles outlined in Section 8 (1) and (2) shall be applicable to extra employees in the application of this Section 6.
Section 7: (a) In the event a regular or regular relief job or assignment is annulled for one day or more, the yard service employee or employees holding the job or assignment may displace any junior yardman or yardmen.
(b) Any yard service employee or employees 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 behind all other extra men on the extra board at the expiration of the shift, in accordance with the note to Paragraph (F) of Rule 62.
(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 employees are unable to displace an employee or employees 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 employee or employees, 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 employees endeavored to exercise their seniority as provided in Paragraphs (a) and (b) of this Section 7, (2) that such yard service employees 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 employee or employees 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.
Note (1): If for any reason there is not sufficient work to retain in service any or all crews in all or either of the classes mentioned for the number of days above described, the Company will not be required to pay for time other than that actually worked.
Note (2): Assignments worked in excess of their assigned days will be considered extra engines and will be protected under the provisions of Current Rule 62 (G).
Section 8: (1) Existing rules which relate to the payment of daily overtime for regular yardmen and practices thereunder are not changed hereby and shall be understood to apply to regular relief men, except that work performed by regular relief men on assignments which conform with the provisions of Section 3 shall be paid for at the straight time rate.
(2) Current overtime rules relating to extra yardmen are cancelled as of the effective date of this Agreement and the following will apply:
Except as 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:
(a) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.
(b) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term "road service," as used in this Paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.)
(c) Where an extra man commences work on a second shift in a 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 employee at the time he started to work on the last shift on which his basic day was paid for at pro rata rate.
(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the prorata rate for the first eight hours of work following such change.
(e) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and 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): Blank.
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 employee's relief fails to report at the fixed starting time.
Note (3): On such roads as have an existing rule or practice differing from the rule of the December 12, 1947, Agreement, titled "OVERTIME RATE IN YARD SERVICE - EXTRA MEN," and providing for pay at time and one-half, without exceptian, to extra yardmen performing a second tour of duty in a 24-hour period, the Employees' Committee may elect to retain the existing rule or practice in lieu of this rule.
(3) Employees 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) 1. After an extra employee has worked 11 days in a half month (Ist through 15th and 16th through last day af the month), he will not be available for further extra service in that half, except as hereinafter provided.
2. After all extra employees have worked 11 days in their work half, the extra board will be deemed to be exhausted and further temporary vacancies during the work half will be protected by the senior regularly assigned available employee from the group in which the vacancy occurs who has expressed a desire, in writing, to perform extra service on his rest days.
3. Regularly assigned yardmen desiring to work as extra yardmen on their rest days, when such extra yard work is available due to the extra board being exhausted, must signify, in writing to the Chief Yard Clerk, their desire to perform such extra service.
4. Such regularly assigned yardmen signifying their desire to work as extra yardmen on their rest days, in the group in which they are regularly assigned, must be available for call as extra men, unless they arrange to "lay off" at least 2 hours before the calling hours of extra men. Failure to be available for a call for such extra work will result in disqualifying such regularly assigned yardmen for a period of 30 days for performing extra yard work.
If there are no regularly assigned yardmen in the group in which the temporary vacancy occurs, available to protect such extra work, then the extra man first out on the board at the time the extra board was exhausted will be called for such temporary vacancy.
6. No change will be made by regular yardmen signifying their desire to perform extra work on their rest days, except on the starting of each calendar month.
7. The extra board of yardmen will be reestablished as of 12:01 A. M. each first and 16th day of the month. If, during the calendar work half (1st to 15th and 16th to last day of the month), some of the extra men did not work 11 days, such men will be placed first out in their turn as of 12:01 A.M. on the 1st and 16th. If all extra men worked 11 days during the calendar work half, the extra men will be marked up on the board in the order in which they stood at the time they completed their 11 days in the previous half.
(b) When changing off where it is the practice to work alternately days and nights for certain periods;
(c) When working through two shifts to change off;
(d) Where exercising seniority rights from one assignment to another;
(e) Where paid straight time rates under existing rules or practices for a second tour of duty in another grade or class of service.
In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time 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: When ever a Yardman works any shift as Yardmaster or a Yardmaster works any shift as Yardman, such shift will be counted in computing work as either Yardman or Yardmaster in applying the five day work week of either Yardmen or Yardmasters.
If a Yardman or extra Yardmaster is filling the vacancy of an assigned Yardmaster on vacation, such Yardman or extra Yardmaster will assume all conditions and rest days of the position worked.
Section 10: (a) All regular or regular relief assignments for yard service employees shall be for five (5) consecutive calendar days per week of not less than eight (4) consecutive hours per day, except as otherwise provided in this Article 3.
(b) An employee 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 employee 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 employee 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 employee 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, employees, 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 employees in the group in which the vacancy occurs shall be used in accordance with applicable rules or practices in effect on individual properties.
Section 11: (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 employees governed by yard rules and yard conditions.
(b) Section 3 (e) and Section 5 of this Article 3 shall not apply to 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 employees included within the scope of this Article 3 which is not now subject to starting time rules.
Section 12: Except as herein provided, all existing rules not in conflict with this Memorandum of Agreement, as contained in the Current Yardmen's Agreement, will remain in effect,
RULE 51 - YARDMEN'S EXTRA BOARD - REGULATION
Denver Yardmen's Extra Board will be regulated, so far as it is possible to do so and still protect vacancies in yard service, to permit the men on the Extra Board to work a minimum of eight (8) and a maximum of ten (10) days per one-half calendar month. The Terminal Superintendent and the Local Chairman will cooperate in the regulation of the Extra Board and will arrange for the Board to be reduced or increased in order to comply with this regulation.
It is understood that in applying this regulation, the Railway Company is not guaranteeing any number of days far Yardmen. It is further understood that if the service requires, extra Yardmen may be used to work in excess of the ten (10) days maximum, as provided above.
RULE 52 - POINT FOR BEGINNING AND ENDING DAY
The pay of yardmen will continue until they return to the point from which they start to work.
RULE 53 - OTHER SERVICE
(A) 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.
(B) Regular assigned Yardmen will be allowed yard rates of pay when used in road service, except when protecting their Conductor rights.
RULE 54 - WORK OUTSIDE YARD LIMITS
Yardmen regularly assigned to perform service within switching limits shall not be used in road service when road crews are available except in emergency. When yard crews are used in road service under conditions above 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. (See Rule 81)
RULE 55 - CHAINING CARS, HANDLING HOSE
(A) Yardmen will not be required to chain up or unchain cars except on train yard leads and main line.
(8) Yardmen required to couple or uncouple air, steam or signal hose will be allowed air pay allowance as prescribed in Rates of Pay Schedule.
RULE 56 - LUNCH TIME
(A) Yard crews will be allowed twenty minutes for lunch between four and one-half and six hours after starting work without deduction in pay.
(B) Yard crews will not be required to work longer than six hours without being allowed twenty minutes for lunch, with no deduction in pay or time therefor.
Question. Does this article apply to switchtenders?
Decision. Yes, but switchtenders will be held responsible for their regular duties during lunch periods.
(C) When yard crews are not granted meal period within the hours specified they will be allowed an additional twenty (20) minutes at the overtime rate. If the second meal period is not granted within the time limit specified, yard crews will also receive an additional twenty (20) minutes at over time rates.
It is understood that in computing the time when the second meal period becomes due under the rules, if the first meal period was taken after six hours, it will be considered that the first meal period was completed at the end of the six hours. In other words a second meal period must be allowed when a crew has worked eleven (11) hours and forty (40) minutes if second meal period not yet afforded.
In those cases where a second meal period becomes due under the rules, it is understood that supervision will see that they consult with the yard crew in arranging the second meal period and if they want to take it rather than working through, it should be arranged in a place where they can secure food.
RULE 57 - CALCULATING ASSIGNMENTS AND MEAL PERIODS
The time for fixing the beginning of assignments for 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.
RULE 58 - NUMBER OF MEN IN CREW
A crew in Denver or Trinidad yard shall consist of not less than one foreman and two helpers except regularly assigned east end train yard crews at Denver, not in excess of one crew on each shift, shall consist of not less than one foreman and three helpers. The third helper on east end train yard crews may also work with other crews in the east end train yard area.
RULE 59 - ASSIGNMENTS
(A) 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 hour's work.
(B) A list of regular assigned yard crews will be posted at all yard offices.
RULE 60 - STARTING TIME
(A) Regularly assigned yard crews shall each have a fixed starting time, and the starting time of a crew will not be changed without at least 48 hours' advance notice.
(B) Where three 8-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 a.m. and 8:00 a.m.; the second 2:30 p.m. and 4:00 p.m.; and the third 10:30 p.m. and 12 midnight.
(C) Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in Paragraph (B).
(D) Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 a.m. and 10 a.m. and the second not later than 10:30 p.m.
(E) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in Paragraph (B) or (D).
(F) At points where only one yard crew is regularly employed, they can be started at any time, subject to Paragraph (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.
(H) If and when local service requirements necessitate, the general committee agrees to confer with the Management with the view of negotiating exceptions to starting time rules covering yard service, by agreement in writing in individual cases. In event of disagreement, present starting time rules will cover.
(I) All extra assignments for periods not exceeding four consecutive days may be started at any time.
RULE 61 - REDUCTION IN CREWS
When it becomes necessary to reduce the number of regular crews, the men will be notified sixteen hours before change is made.
RULE 62 - VACANCIES
(A) All new assignments will be advertised for a period of five days, the senior Foreman and Helpers bidding will be assigned, bids to cover other vacancies occasioned thereby.
(B) A vacancy for Foreman of less than ten days must be protected by the senior Helper of such crews.
A known vacancy for Foreman or Pilot of ten days or more will be advertised for a period of five days and assigned to the senior qualified Yardman bidding. Other vacancies occasioned thereby will be assigned to the senior Yardman bidding.
A known vacancy for Helper in excess of ten days will be advertised for a period of five days and assigned to the senior Yardman bidding. Other vacancies occasioned thereby will be assigned to the senior Yardman bidding. During the period of advertising, the vacancy will be filled by extra Yardman on the first-in, first-out basis.
Vacancies for Foreman during advertisement will be filled by senior Helper of such crew.
Vacancies for Pilot during advertisement will be filled by senior qualified regular Yardmen in the group as shown in Paragraph (G).
Note: In case the Foreman and "Highball" man on east end train yard engines lay off, the senior remaining Helper on such assignments may elect to fill vacancy of "Highball" position instead of the Foreman's vacancy.
(C) 1. Regularly assigned Yardmen desiring to displace Junior Yardmen, regular or extra, must give five (5) days written notice to the trainmaster advising which Junior Yardmen they desire to displace. On receipt thereof, the trainmaster will post notice in the Yard Offices notifying the Yardman of such displacement request and advertise the vacancies occasioned thereby. Senior man bidding in writing will be assigned.
2. Yardmen working in yard service in excess of twenty eight (28) days may, upon seven (7) days advance written notice (which cannot be canceled) displace any Junior Conductor or Brakeman in road service. Advertisement for assignment vacated will be posted in all Yard Offices and notice books at Terminals notifying yardmen trainmen of displacement request and advertise the vacancies occasioned thereby, Senior man bidding in writing will be assigned.
Note 1: Seniority displacements will be effective the first work day following the rest days of the assignment from which vacated.
Note 2: When permanent vacancy for foreman or helper occurs and no bids are received, the youngest man on the extra list will be assigned to the vacancy. If the youngest man on the extra list does not meet the qualifications for foreman as outlined in this Rule, the Junior Yardman who is qualified will be assigned as foreman.
Note 3: Yardmen who exercise their seniority to the extra board here under will be required to remain thereon for a period of not less than 30 calendar days, except when covering vacancies under bid.
(D) Yardmen displaced must exercise their displacement rights within (48) hours after having been notified of displacement, Failing to exercise displacement rights within (48) hours, yardmen will only be permitted to place last out on the Yardmen's Extra Board.
(E) Yardmen desiring to lay off must request permission from proper authority at least three hours in advance of the starting time of their assignment, except that regular men on night shifts desiring to lay off must request permission before 6:00 p.m.
(F) Unless otherwise provided, extra men will be worked first-in, first-out in filling temporary vacancies of less than ten days.
Note: Extra men will be marked up at time released from duty and it is their responsibility to notify Crew Caller accordingly, after which they will be called first-in, first-out.
(G) Except as herein provided, extra yard engines will be protected by men first out on the extra board, the senior qualified Yardman of which (qualification requires at least 180 days' experience-not seniority-in yard service) will protect the Foreman's position. If none are qualified, the qualified Helper assigned in the group (Rule 60) in which the engine is worked will be assigned in seniority order the Foreman's position. The twenty-four hour pe