UTU Local 1637 Home Page

	ARTICLE I

SCOPE

	
RULE 1."RULE1." Definition of "Trainmen".The word "Trainmen" as hereinafter used, applies to and includes brakemen, flagmen, baggagemen and brakemen­baggagemen.
ARTICLE IIRULE 2. Preference in Hiring.In the employment of trainmen, experienced men shall be given preference. Inexperienced men will establish a seniority date as of thirty (30) days after the performance of their first pay trip as a trainman. Trainmen without date who are run­around will not be entitled to compensation therefor.
NOTE:	Applicants will not be considered "experienced men" unless they have actually performed service on 180 calendar days.

RULE 3.	Trainmen's Rights, Freight and Passenger.Trainmen entering the service will hold rights in both freight and passenger service. The seniority established prior to the effective date of this schedule will not be disturbed. No application for change in seniority date will be considered in any case where more than six months have elapsed from date of roster first showing disputed date.
RULE 4. Approval of Application.Trainmen who have remained in the service ninety (90) days will be considered permanently employed and shall not be dismissed on account of unsatisfactory references.
Rule 3 (a). Seniority Date.Other than as provided in Rule 2, trainmen will take rank from date of their appointment or promotion, and will have choice of runs on their respective seniority district to which their age in service entitles them. Temporary assignment as conductor in emergency does not constitute a promotion. In case two or more brakemen are examined in the same day, seniority in service will govern relative standing. If on account of sickness or other causes beyond his control, a man is unable to present himself for examination in regular turn, it will not affect the record date of his promotion. Present standing of men t shall not be changed by this rule.

(b) Position on Train.When two or more brakemen are used on a train, the placing of trainmen on the train to the best advantage is the prerogative and duty of the conductor in charge of such train, and such position on the train may be changed by the conductor as conditions require.
RULE 6. Hired Conductors' Seniority as Brakemen.Men hired for positions as conductors who have not, preceding the date of performance of service as conductors, I served as brakemen, will establish seniority dates as brakemen as of the date they first ran trains.
RULE 7. Conductors Relinquish RightsConductors may not voluntarily relinquish their rights as conductors and assert seniority as trainmen without thereby losing their rights as conductors.
A conductor who has voluntarily relinquished his rights as such will exercise his seniority as a brakeman in accordance with schedule rules.
RULE 8. Letters of Recommendation.Copies of letters of recommendation will be filed with personal records of trainmen and original will be returned within thirty (30) days after the trainmen enter the service.
RULE 9. Service Letters.When requested in writing, service letters will be furnished within ten (10) days to all trainmen leaving the service of the Company.
RULE 10. Seniority Districts.Other than as provided in baggagemen's rule 59, seniority districts shall be established as follows:
First District:
Between:

Second District:
Between:

Third District:
Between:

Fourth District:
Between:

Fifth District:
Between:

NOTE:	Seventh District trainmen will man trains 2, 3, 27, 28, and 433, or any other regular or extra Breckenridge Division trains which may be diverted and run Wahpeton Junction to Moorhead Junction, then over Fargo­Surrey Line or vice versa without equalization of miles.
Sixth District:
District "A"
Between:

District "B"

Between:
Devils Lake and Hansboro.
(See Appendix "B", Memorandum of Agreement effective December 1, 1943, relative employees of former Farmers Grain and Shipping Company.)
Seventh District:
Between:

NOTE:	Seventh District trainmen will man trains 2, 3, 27, 28, and 433, or any other regular or extra seventh district trains which may be diverted and run Wahpeton Junction to Moorhead Junction. then over Fargo­Surrey Line or vice versa without equalization of miles. Seventh District trainmen will man their own trains between Surrey and Minot without equalization of miles. Eighth District trainmen will man trains 2, 3, 27 and 28 or any other trains substituting them in number between New Rockford and Surrey without equalization of miles.
Eighth District:
Between:
Devils Lake and Williston and Branches.
NOTE:	Seventh District trainmen will man their own trains between Surrey and Minot without equalization of miles. Eighth District trainmen will man trains 2, 3, 27 and 28 or any other trains substituting them in number between New Rockford and Surrey without equalization of miles.
Ninth District:
Between:

NOTE: 	Tenth District trainmen will man their own trains between Pacific Junction and Havre, without equalization of miles.
Tenth District:
Between:

NOTE:	Tenth District trainmen will man their own trains between Pacific Junction and Havre, without equalization of miles.
Eleventh District:
Between:
Cutbank and Troy and branches.
Twelfth District:

District "A" and District "One"

Between:

NOTE:	District "Two" trainmen will man their own trains between Dean and Spokane without equalization of miles.

District "Two"

Between:

NOTE:	District "Two" trainmen will man their own trains between Dean and Spokane without equalization of miles. ( See Appendix "C", Memorandum of Agreement effective August 1, 1949, relative employees of former Marcus-Thirteenth Seniority District-Division)

District "B"

Between:

(See Appendix "D", Memorandum of Agreement effective July 1, 1943, relative employees of former Spokane, Coeur d'Alene & Palouse Railway Company)
Fourteenth District:

District "A"

Between:

District "B"

Between:
Seattle and Black Diamond and branches.
(See Appendix "E", Memorandum of Agreement effective November 1, 1951, relative employees of former Pacific Coast Railway Company)
Fifteenth District:
Between:
Bend and Bieber.
RULE 11. New Lines, How Manned.When new lines are built by the Great Northern Railway, the Local Chairman of the B. of R. T. from the seniority districts liable to be affected by the diversion of traffic shall, in conjunction with the General Chairman elect from which seniority district or districts trainman shall be chosen to man such new line.
RULE 12 (a). Temporary Transfer Between Seniority Districts.In case of lack of force on one seniority district and surplus on another, trainmen may be transferred temporarily and shall not lose rights on original seniority district, provided, they return within six (6) months. Such men will have the privilege of returning before the force on the original seniority district is otherwise increased; if permanently transferred, will rank as new men from date of temporary transfer.
(b) Trainmen will not be retained on a seniority district to which temporarily transferred if there are available men holding rights on such seniority districts.
RULE 13 (a). Rights-Yard and Road Service.Yard employees will have no rights in train service or vice versa.
(b) Temporary Use Trainmen in Yard Service.Trainmen temporarily assigned to yard service shall not lose their rights thereby. Temporary assignment not to exceed sixty (60 ) days.
RULE 14. Not Run Off Own Seniority District.Other than as provided in Rule 66(a) for interdivisional service, trainmen will not be run off their own seniority district except in case of extreme emergency, in which event they will receive not less than 100 miles for each calendar day held off their own seniority district. If such trainman is deadheaded back to home seniority district out of his turn, trainmen runaround by such deadheading will not claim time therefor.
ARTICLE IIIRULE 15. Issuance of Rosters.Seniority rosters will be maintained for each seniority district, and will be reissued annually as soon as possible after January 1st. Separate rosters will be issued for brakemen; also, for combination brakemen and baggagemen in accordance with Rule 58; and for baggagemen in accordance with Rule 59. Roster shall contain a correct list of the respective trainmen and their seniority date. It will be open for protest for a period of six (6) months from the date of posting. If no protest is received within that period, the dates will stand as official, as prescribed in Rule 5, and will not be subject to protest on any future rosters except that any typographical errors will be corrected.
RULE 16. Posting Rosters.Trainmen shall have access to seniority roster to be posted at each point where Trainmen's bulletin boards are maintained. Copy of each roster will be furnished to General Chairman and to Local Chairman on their respective districts.
ARTICLE IVRULE 17. Promotions.Trainmen will be in line for promotion on their respective seniority districts based on seniority, fitness and ability.
RULE 18. Not Promoted in Turn.Trainmen not promoted in their seniority turn shall be given a reason in writing it until he obtains another position by being the senior applicant or until he is displaced by another trainman who is forced to leave a run account of it being discontinued or due to the exercise of seniority. A trainman displaced account of the exercise of seniority may in turn displace another junior man in Mine Run service but must designate the position of his choice not later than three (3) days after being displaced ~and will then promptly accept such service.
RULE 19. Promotion to Conductor.When it becomes necessary to increase the force of conductors on any seniority district, one conductor will, when available, be hired to two brakemen promoted. When hiring conductors under this rule, conductors in service as brakemen will be given preference. No brakeman will be promoted who has not had at least two years' experience as freight brakeman on a steam surface railway.
RULE 20 (a). Rights if Promoted.Trainmen promoted to official positions, yardmaster, or employed by the Brotherhood of Railroad Trainmen shall be considered in the service of the Company as to their rank and rights of promotion and shall retain the same rights they would have gained if in actual service as trainmen.
(b) Committee Work.A trainman serving on B. of R. T. Committee shall not be discriminated against, and upon written request shall have leave of absence to serve upon such Committee.
ARTICLE VRULE 21.	Definition of Temporary and Permanent Vacancy and New Position.Other than baggage service covered by Rule 59 and Mesabi Division Mine Run Service covered by Rule 22 ©, a vacancy on any assignment which does not continue for more than sixty (60) consecutive calendar days will be considered a temporary vacancy. Vacancies continuing for more than sixty (60) consecutive calendar days will be considered a permanent vacancy. A new position which does not continue more than ten (10) consecutive calendar dates will be considered a temporary assignment. A new position continuing for more than ten (10) consecutive calendar days will be considered a permanent assignment.
RULE 22 (a). Bulletin and Fill Permanent Vacancy or New Position.Other than as provided in Rule 59 and in paragraphs (b) and © of this rule, permanent vacancies or permanent new positions will be bulletined for a period of ten (10) calendar days and the senior qualified trainman making application will be notified and assigned immediately after the closing date of such bulletin. Except as provided in Rule 24, during the period of the bulletin such vacancy or new assignment will be filled from the extra board, but extra trainmen called to fill such vacancies on branches or runs which terminate away from point where extra list is maintained will hold the run for the first ten ( 10 ) calendar days. An employee bidding on and assigned to a permanent vacancy or new position thereupon forfeits all rights to return to the assignment which he left, and to that assignment only, as long as his successor thereon holds such assignment, except that such forfeiture shall cease if he can no longer hold the assignment he so bid in. An employee failing to bid on a permanent vacancy or new position when it is bulletined thereby forfeits his right to displace the successful bidder from such assignment so long as the non­bidder can hold the service he had when such bulletin was open.
EXAMPLES:

INTERPRETATIONS:"INTERPRETATIONS:"
1. Sever Employee Relationship.A vacancy created by an employee who, for any reason, has severed his employee relationship with the Carrier will be bulletined immediately as a permanent vacancy.
2. Bulletins in Advance of Service.New assignments may be bulletined prior to inauguration of service but not in excess of ten (10) days prior to the date that the service is to commence.
3. Rebid Own Vacancy.A trainman who relinquishes his rights to a regular assignment is not eligible to rebid the vacancy thus created by him so long as he can hold the service he has so bid in.
	4. Time Commences-Filling Permanent Vacancy.The computation of the ten (10) calendar days during which an extra trainman will fill a permanent vacancy, shall commence with the first day following the last service performed. For example: a run is assign~d daily except Sunday and the regular incumbent lays off or is assigned to a bulletined position as of a Saturday. The first ten (10) days of the vacancy in such case would be the consecutive calendar days commencing on Sunday.
5. Permanent Vacancy After 10 Days.After any Permanent vacancy or new position has been filled from the brakemen's extra list and the successful applicant assigned by bulletin is absent from that assignment for any reason prior to performing any service thereon, the bulletined vacancy or new position will be given to the senior brakeman making application for it after the close of the bulletin instead of using a brakeman from the extra list as provided in Rule No. 27. The vacancy will be filled in this manner until the assigned brakeman returns to service. In the event that there are no applicants for the position, the job will continue to be filled from the brakemen's extra list until applied for.
6. Displacement-Assigned Service.Displacement by seniority into assigned service must be exercised by displacing the junior employee to whom that run has not been forfeited by the displacing employee, providing that mileage, terminals and layover points are the same. Variations in mileage, terminals or layover points constitute points of preference, and seniority may be exercised on the basis of that preference even though the employee displaced may not be the junior employee. The regular layover day, if such exists, might be a point of preference as well as the layover point. Regular layover day refers only to a layover (lay which occurs regularly on the same day of each week. If the layover days occur on successive days of the week, in successive weeks, there is no preference on such assignment so far as layover days are concerned.
7. Displacement in Same Pool-Assigned Service.Where there is a regularly assigned layover day, such as Saturday or Sunday, or where there is a varying layover day as between different men on the assignment, the question of layover point and layover day is recognized as a point of preference. However, it is agreed that trainmen cannot change jobs in the same pool in assigned service. Where the layover point remains the same and the layover day is progressively a different day after each trip, there can be no preference in one turn as against another thereby an employee would be privileged to exercise seniority.
8. No Bidders on Permanent Vacancy.If no bids are received on bulletins governing permanent assignments of brakemen, the senior, available, furloughed brakeman will be assigned to the job at the close of the bulletin period. If there are two or more bulletined vacancies on which there are no applicants, the senior, furloughed brakeman so assigned will have choice of jobs.
If there are no furloughed brakemen, the junior brakeman assigned to the extra list will be assigned to the vacancy. If there are two or more bulletined vacancies on which there are no applicants, the senior extra list brakeman so assigned will have choice of jobs.
If there are no furloughed brakemen immediately available, the vacancy will be filled by the junior brakeman assigned to the extra list until such time as a furloughed brakeman becomes available.
When there are two or more extra lists on the same seniority district, and there are no furloughed brakemen available, the junior brakeman on the combined extra lists will be assigned.
9. How Assigned When Bulletin Closes During Period of Layover.EXAMPLE:A brakeman assigned to a regular job or turn is scheduled to perform service from July 1st to 21st, inclusive, thereafter having a ten­day layover, again resuming service on August 1st. This may be an individual assignment with only one crew, with relief furnished from the extra list for a ten-day period, or there may be three crews on a two-train assignment working alternate 20­day periods. There is a vacancy for a brakeman on one of these 20­day jobs and the job is bulletined on July 5th, bulletin closing on July 15th. The senior brakeman would be assigned immediately and perform service on July 16th until July 1st, thereafter acquiring the 10­day layover.
On the other hand, if a permanent vacancy occurs on July 15th and a brakeman's vacancy is bulletined as of that date with the bulletin closing on July 25th, which date is during the 10­day layover period, under such circumstances the successful applicant on the bulletined vacancy must assume the terms of the assignment and will be immediately placed upon it, irrespective of layover period. The successful applicant is not permitted to perform service between July 25th and August 1st except in case of emergency and there were no other brakemen available.
(b) Pool Freight Assignments.Trainmen assigned to pool freight service or to the extra board will be run first­in and first­out on district or division and in kind of service to which they are assigned. Owing to the necessary frequent changes in such service, additional assignments to pool service already established will not be bulletined, but such additional assignments will be subject to claim by oldest applicant. Such application must be made in writing, and after the tenth day, the oldest applicant will hold rights to such service, the same as if bulletined.
	NOTE:	The method of reducing trainmen from a chain gang pool will be determined locally on each operating division.
	NOTE:	With reference to chain gang trainmen who book legal rest period off duty, see Appendix "F".

INTERPRETATIONS:"INTERPRETATIONS:"
1. Add Crews to Chain Gang Service.When an additional crew or crews are added to chain gang service, the manning thereof will not be restricted to the extra list for the first ten (10) calendar days. Extra list brakemen will be called on a first­in, first­out basis for the additional chain gang turn or turns, only until a senior brakeman makes written application for the additional turn or turns. Brakemen exercising their seniority may be displaced in like manner during the first ten (10) calendar days by other senior brakemen.
2. Displacement Rights to Chain Gang Service.A brakeman ceases to hold a regular turn in chain gang service after being absent therefrom for a period of ten (10) calendar days. If the brakeman returns to chain gang service prior to the expiration of ten (10) calendar days, he would hold rights to and be required to take his former regular turn in chain gang service. If the brakeman returns to chain gang service subsequent to the expiration of ten (10) calendar days, he is required to displace the junior brakeman in the chain gang pool.
3. Displacement in Chain Gang-More Than One Pool.Displacement by seniority into chain gang service must be exercised by displacing the junior brakeman to whom that run has not been forfeited by the displacing employee providing that mileage, terminals or layover points are the same. Variations in mileage, terminals or layover points constitute points of preference, and seniority may be exercised on the basis of that preference when it exists, even though the brakeman displaced be not the junior.
4. Arrival Time, First­In, First­Out.The arrival time of trainmen at the designated main track switch connection with the yard track (not the tie­up time) will govern the relative first­in, first­out standing of chain gang and extra list of brakemen at that terminal. When trainmen are deadheaded to the terminal, arrival time at the passenger station when deadheading on passenger trains, will govern. When deadheading on freight trains, arrival time at the designated switch will govern. When deadheading on other than passenger or freight trains, reporting time, either by telephone or in person, will govern. When trainmen accept calls for temporary service on other railroads or perform service for contractors, or service under any other similar circumstances, reporting time, either by telephone or in person, will govern.
5. Mark Up-No Service Performed.Should a trainman be absent from his regular chain gang turn for any reason, and at intervals is marked back on his brakeman's assignment, but actually performs no service thereon, such markups shall not be considered to have broken the continuity of the temporary vacancy.
6. Revert to Extra List From Chain Gang.A trainman regular assigned to a chain gang turn will not be permitted to give up such assignment and revert to the extra list unless there has been an increase or decrease in the extra list subsequent to the date he took the regular turn in chain gang service which would enable him to take service on the extra list.
7. Standing Upon Arrival at Terminal.With reference to the first­in, first­out standing of chain gang crews on arrival at a terminal under circumstances wherein one or more crews arrive at the terminal deadhead on a train handled by another chain gang crew of the same pool, the following will govern:
Crew "B" called to work terminal to terminal.
Crew "A" called to deadhead with crew "B" terminal to terminal.
Crew "C" deadheads from intermediate point on train manned by Crew "B".
On arrival at final terminal, Crew "C" stands first­out.
Crew "A" stands second­out.
Crew "B" stands third­out.
The same principle will apply to extra list brakemen.
8. Called for Straightaway or Turnaround Trip.Except as provided in Rule 75(d), chain gang brakemen called for straightaway trip, terminal to terminal, thereafter returned from an intermediate point to the initial terminal, will be allowed compensation of a minimum day's pay from the terminal to the turning point, and a minimum day's pay from the turning point to the terminal, plus any other compensation that they would earn under schedule rules. However, it is understood that when chain gang brakemen are called at their terminal for a turnaround trip from the terminal to an intermediate point and return, that compensation will be allowed on a continuous time basis until tied up in accordance with schedule rules.
© Mesabi Division Mine Run Assignments.Positions in Mesabi Division Mine Run service will be designated by the regular starting time of the assignment and will be bulletined for a period of seven (7) days. The senior applicant during such bulletin period will hold it until he obtains another position by being the senior applicant or until he is displaced by another trainman who is forced to leave a run account of it being discontinued or due to the exercise of seniority. A trainman displaced account of the exercise of seniority may in turn displace another junior man in Mine Run service but must designate the position of his choice not later than three (3) days after being displaced and will then promptly accept such service.
RULE 23. Bulletins and Bids.All bulletins will specify the time and date of closing, whether vacancies thereon are temporary or permanent, terminals of runs bulletined, lay­over or relief point, nature of service, and days upon which service is to be performed. Bids from employees must be in the hands of the proper officer by the specified time and date of closing. No bids may be withdrawn after specified time and date of closing of bulletin. Copies of all bulletins will be furnished Local Chairman.
RULE 24. Assignments Bulletined Account Change.Runs or assignments affected by a change of more than four (4) hours in starting time, in point of layover, or a change of more than 400 miles per month in the actual mileage of the run as assigned, will be considered vacant and rebulletined. Trainmen will be notified of such change before starting last trip. Trainmen on such changed runs may, if they desire, remain thereon until bulletin is closed.
INTERPRETATIONS:

RULE 25. "RULE25."Transfers and Transportation.When trainmen choose to take runs compelling them to change their home, transportation shall be furnished for their families and household goods.
RULE 26. Extra Lists.Extra lists will be maintained at headquarters point on seniority districts, and/or at such outlying points as are now or may hereafter be agreed upon between the Management and the Local Committee, and the district served ~rom each extra board will be specified. Number of men assigned to extra list will be agreed upon by the Superintendent and Local Chairman.
When circumstances justify, separate extra lists will be maintained for passenger and for freight service. When a single extra list is maintained for both passenger and freight service, trainmen assigned thereon will be run first­in, first­out in either service according to their qualifications. In case the passenger extra list is exhausted, the first­out man off the freight extra list qualified for passenger service will be used.
RULE 27. Temporary Vacancies or Assignments, How Filled.Other than as provided in Rules 59 and 79©, temporary vacancies or temporary assignments of ten (10) days or less will be filled by the trainmen standing first-out on the extra board, and upon completion of each round trip, such trainman will be again marked up on the extra board, except that extra trainmen called to fill temporary vacancies on branches or runs which terminate away from point where extra list is maintained will hold the run for the first ten (10) calendar days. Temporary vacancies of more than ten (10) days will be bulletined to all employees, but will be filled for the first ten (10) days from the extra board. After ten (10) days, such temporary vacancy will be filled for the remainder of the sixty (60) days by the senior man applying in writing during such ten (10) day period for such service, unless reduction in force necessitates his displacement by a senior man. Any vacancy which has been so filled as temporary, but which thereafter continues beyond sixty (60) days, will be rebulletined on the sixty­first day and filled on such bulletin as a permanent assignment, the man assigned on the temporary vacancy to continue in such service until the close of the permanent bulletin, unless reduction in force necessitates his displacement by a senior man, after which he will return to the position held before accepting the temporary vacancy, except that if he has been absent from his former run more than sixty (60) days, he will exercise his seniority as a free agent.
INTERPRETATIONS:1. Free Agent.A free agent may exercise seniority either on a temporary vacancy or a permanent assignment, providing the job has been filled by extra list brakemen for ten (10) days or more.
2. Time Commences Filling Temporary Vacancy.The computation of the ten (10) calendar days during which an extra trainman will fill a temporary vacancy, shall commence with the first day following the last service performed. For example: a run is assigned daily except Sunday, and the regular incumbent lays off effective after completion of service on Saturday, or is assigned to a bulletined position on Saturday. The first ten (10) days of the vacancy in such case would be the consecutive calendar days commencing on Sunday.
3. Mark Up-No Service Performed.Should a trainman be absent from his assignment for any reason, and at intervals is marked back on his brakeman's assignment, but actually performs no service thereon, such mark­ups shall not be considered to have broken the continuity of the temporary vacancy.
4. Revert to Extra List.A trainman will not be permitted to give up an assigned run and revert to the extra list unless there has been an increase or a decrease in the extra list subsequent to the date he took the assigned run, which would enable him to take service on the extra list.
5. No Bidders on Temporary Vacancy.If no bids are received on bulletins governing temporary assignments of brakemen, the senior, available, furloughed brakeman will be assigned to the job at the close of the bulletin period. If there are two or more bulletined vacancies on which there are no applicants, the senior furloughed brakeman so assigned will have choice of jobs.
If there are no furloughed brakemen, the junior brakeman assigned to the extra list will be assigned to the vacancy. If there are two or more bulletined vacancies on which there are no applicants, the senior extra list brakeman so assigned will have choice of jobs.
If there are no furloughed brakemen immediately available, the vacancy will be filled by the junior brakeman assigned to the extra list until such time as furloughed brakeman becomes available.
When there are two or more extra lists on the same seniority district, and there are no furloughed brakemen available, the junior brakeman on the combined extra lists will be assigned.
RULE 28. Runaround.Trainmen not sent out in their turn or who are run-around at terminals, will be paid 100 miles for each run-around. This not to apply after crews are on duty or under pay.
RULE 29. Wreck or Emergency Service.In case of wreck call necessitating immediate use of the wrecker, or any emergency which involves hazard of life or limb, or renders main line impassable, the first available trainman may be used, and such emergency service shall not be considered or paid as a runaround under the provisions of Rule 28.
ARTICLE VIRULE 30 (a). Intermediate Delay Account Wreck, Etc.When trainmen are delayed between terminals on account of wreck, washout or snow blockade, they shall be paid for the first eight (8) hours so held at pro rata rate in addition to time or miles made that day, and for each succeeding day will be allowed not less than 100 miles at the rate for class of service in which engaged.
(b) Intermediate Tie­Up Prior to 14 Hours Service.Trainmen when tied up between terminals prior to the expiration of fourteen hours service, will go automatically on duty after eight (8) hours rest, and shall be paid not less than a minimum day for each leg of the trip, and as much more as they would earn under the schedule rules. Trainmen tied up at an intermediate point and again called in less than eight (8) hours are on continuous time.
Paragraphs (a) and (b) of this rule apply to passenger and freight service alike.
© Tow or Deadhead Into Terminal.Road trainmen tied up between terminals in obedience to the foregoing paragraph, then towed or deadheaded to terminal with or without caboose will be paid time or miles for such tow or deadhead trip.
(d) Computing Time.In computing time under this rule, it is understood that time and one­half will only apply when computed under Rule 76 on each leg of the trip separately and does not apply to deadheading except when done in connection with a trip.
RULE 31. Tie­Up Under Hours of Service Law.Road trainmen tied up enroute under the Federal Hours of Service Law will be governed by the conditions of the Joint Chicago Agreement of April 1, 1908, shown herein as Appendix "G", and by this reference made a part of this agreement.
RULE 32 (a). Held From Home Terminal.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 (16) 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 (16) hours after the expiration of the first twenty­four (24) hour period from the time relieved, they will be paid for the actual time so held during the next succeeding eight (8) hours, or until the end of the second twenty­four (24) hour period, and similarly for each twenty­four (24) hour period thereafter.
Should a trainman be called for service or ordered to deadhead after pay begins, held­away­from­home­terminal time shall cease at the time pay begins for such service or deadheading.
Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent service or deadheading.
For the purpose of applying this rule, the railroad will designate a home terminal for each crew in pool freight and in unassigned service.
(b) Allowances For Held Time or Called and Not Used.When trainmen in pool freight and unassigned service, including, passenger service, are called and not used at any distant terminal where the held­away­from­home­terminal rule applies, these trainmen will be paid either CALLED AND NOT USED or HELD AWAY FROM HOME TERMINAL TIME, whichever is the greater, but not both. This understanding to apply whether or not held away from home terminal time has commenced to accumulate at the time that the crew is called and not used.
© If chain gang trainmen are held at the distant terminal in excess of twenty­four (24) hours and there is no called and not used period during such time, the trainman would be paid eight (8) hours held away from ,home terminal time, or 100 miles. If there was an intervening called­and­not­used period during such time, the trainmen would still be paid 100 miles, but not the called­and­not-used arbitrary, preserving the basic principle that trainmen in unassigned service are entitled to not less than a minimum day's pay during each 24­hour period when held at the distant terminal.
(d) The following examples show the basis of payment:

RULE 33. "RULE33."Held From Service.Other than as provided in Rule 28, when trainmen are held from their runs or service by the Company, their pay until they return to their runs or service shall not be less than it would have been had such an interruption to their regular work not occurred.
INTERPRETATION:Service Performed on Layover Day.Regularly assigned trainmen~ when taken from their assignment by the Company, are entitled to the mileage or earnings of their assignment, and, if by reason of having been removed from their assignment, they are required to perform service on the layover day of their assignment, such mileage or earnings made on their layover day cannot be used to absorb the guarantee of their assignment.
	EXAMPLE 1:	A trainman's assignment provides for service on same, April 1st and 2nd, with layover day April 3rd. The mileage of his assignment on the 1st and 2nd is two hundred (200) miles per day. For reasons similar to the foregoing (not exercise of seniority), he is taken off his regular assignment and used in other service, whereon the mileage earned is 225 miles per day. Under these circumstances the mileage earned off his assignment being in excess of the mileage he would have earned on his regular assignment, no additional compensation is due him provided the rates of pay are the same.

	EXAMPLE 2:	The same brakeman is taken o~ his regular assignment and used in other service whereon the mileage is fifty (50) miles less per day than he would have earned on his own assignment. Under such circumstances, the Company is obliged to make up the difference in pay as between the two assignments.
	EXAMPLE 3:	However, when used off his own assignment (not exercise of seniority) and if required to work on the layover days he would have enjoyed had he remained on his own assignment, such earnings will be paid for separate and distinct from the mileage of his regular assignment, it being understood that mileage made on such layover days cannot be used to absorb the guarantee of his own assignment.

RULE 34. "RULE34."Delayed Assigned Men Stand First­Out.When assigned trainmen are so delayed that they do not arrive at terminals in time to come out on their regular runs, they shall, after a proper rest, stand first­out for unassigned service, in order to enable them to reach their proper terminals in time to bring out their regular run without loss of time, and such service shall not be considered a runaround under Rule 28.
RULE 35. Service on Lay­Over Day.Trainmen assigned to regular run with lay­over away from Division headquarters will be notified if they are required for service on such lay­over days. If no notice is received, they may absent themselves until the time for going on duty on the next trip of their regular assignment. If notified and not used, they will be paid a minimum day at the established rates applicable to their assignment.
RULE 36. Coal Engines.When it becomes necessary for trainmen to shovel coal onto engines or to coal them by means of hand or air hoist derricks with buckets, they shall be allowed one hour at pro rata rate for each engine so coaled in addition to pay for trip.
RULE 37 (a). Attending Court or Inquest.Regularly assigned trainmen held from their assignment to attend court or inquest at the request of the Company will be allowed one day at their regular rate for each day so held, but not less than the earnings of their assignment for the total period so held from it. Trainmen not holding any assignment and attending court or inquest at request of the Company, or regularly assigned trainmen so attending in addition to performing all service on their assignment, will be allowed one day at regular rate of pay for each day such court service is required, and without deduction from any other compensation earned. If attendance at court or inquest is requested by the Company during their regular hours of service in lieu of such regular service, no additional payment will be allowed. Any court or witness fees received will be assigned to the Company. If required to leave their home point, necessary actual expenses will be allowed.
(b) Attending Investigations, Giving Statements, Etc.Compensation to trainmen making statements to claim agents, giving depositions or other analogous service, will be allowed as follows:
Trainmen who perform any of the services contemplated in Rule 37(a) continuous with their trip, or started not to exceed one (1) hour after the completion of their trip or begun not to exceed one (1) hour in advance of starting time, will be allowed continuous time on the basis of combined service and investigation time, with a minimum of one (1) hour or the equivalent.
If called for any of the purposes covered by Rules 37(a) or 37 (b) during the service period, no additional compensation will be allowed.
If called for any of the purposes covered by Rule 37(a) other than in accordance with the preceding paragraphs of Rule 37(b), actual time not to exceed one (1) day will be allowed at the rate of the class of service previously engaged in, with a minimum of two (2) hours for each calendar day such service is performed.
It is understood that claim agents may call on trainmen at their residences to secure statements or depositions without payment of compensation allowances herein provided.
	  NOTE:	The above provisions will apply when attending investigations under Rule 47 when not at fault.
			  The provisions of Rule 37 (b) will not, in any manner, modify the allowances otherwise provided for in Rule 37(a).

	ARTICLE VIIABSENCE FROM SERVICERULE 38 (a). Minimum Absence.Regularly assigned trainmen laying off will be required to be absent from their assignment for a minimum period of one round trip. Extra trainmen laying off will have their names removed from the extra board for a minimum period of twenty­four (24) hours.
(b). Mark Up After Laying Off.Regularly assigned trainmen laying off will be permitted to mark up on their job but will not be considered available for any service, including conductors' service, prior to the arrival of their assignment at the home terminal.
© Senior Demoted Conductor.A trainman, when contacted and called as the senior, demoted, available conductor, must take the conductor's service for which called or be considered as laying off.
(d) Missing Call.Regularly assigned brakemen and/or baggagemen and extra list employees missing a call, will be considered as laying off as provided in this rule, except Then no other employees are available for service.
RULE 39 (a). Reporting after Absence.Trainmen laying off, other than as provided in paragraph (b) of this rule, when returning to service, must report for work before the arrival of the run at its home terminal or designated relief point on the last trip before date of return, except during the first 10 day period of such lay­off at points where trainmen's extra lists are maintained.
EXAMPLE:	QUESTION:	When a regular man in the service lays off a job that ordinarily gets back to the point where relief is furnished and if his crew makes turnarounds on the distant end of the line, or is used in work train or other service that keeps them from returning to home terminal or point where relief was furnished beyond the period that the crew should ordinarily have arrived, shall the man laying off be privileged to relieve the extra man holding his place at the nearest terminal or tie­up point applying to the service in question instead of waiting until the crew again reached the home or relief terminal?  Deadheading that may be occasioned by the carrying out of the terms of this is not to be charged to the Company.

	ANSWER:	Yes.

(b) Mesabi Division Mine Run trainmen returning to service after leave of absence will report for work before the expiration of the rest period of the extra trainman whom he intends to displace.
RULE 40. Absence From Permanent Assignment.An employee holding any permanent assignment, who is absent from such assignment for a period of not more than sixty (60) calendar days, for any cause, will retain full rights to such assignment and continue to hold rights thereto on his return. An employee holding any permanent assignment and absent therefrom for a period of more than sixty (60) calendar days, for any reason other than assessment of discipline by the Management, will thereupon forfeit his rights to such assignment, but will be considered a free agent with rights to displace any employee his junior on his return to service. Promotion to or demotion from a position as Conductor, has no effect upon the seniority date or service as a trainman of such employee. Such service as a trainman is subject only to his seniority as a trainman and the application of schedule rules for trainmen.
INTERPRETATION:Hold Rights to Permanent Assignment for Sixty (60) Days.A trainman holding permanent assignment as such who is called to perform service as a conductor, will hold continuing rights to his assignment as trainman for a period of sixty (60) days and will return to that assignment providing he resumes service as trainman within such 60­day limit, regardless of whether the trainman who temporarily relieved him on that assignment is his senior or his junior. If the trainman continues in service as a conductor for more than sixty (60) days, he forfeits his rights to his trainman's assignment on the 61st day, and upon his return to trainman's service, will be a free agent and may displace any trainman his junior.
This protects a brakeman or baggageman as to his permanent assignment as such for a 60­day period when he is required to temporarily perform service as conductor in accordance with his seniority in the latter service.
RULE 41 (a). Maximum Absence.Leave of absence will not in any case exceed six (6) months except in event of sickness or disability, or in event of military service in cases of National Defense. The Local Chairman will be advised when leave of absence is granted and reason therefor.
NOTE:	See Appendix "H". [Memorandums of Agreement effective July 5, 1945, and September 4, 1916, relative vocational rehabilitation or education and training under the Servicemen's Readjustment Act of 1944 (G. I. Bill of Rights)]
(b) Return to Service.Furloughed trainmen will retain their seniority, and, when the force is increased, they shall be notified and permitted to resume service in the order of their seniority, providing they report for service within thirty (30) days from the date of being notified in person or by registered mail. When they do not report for duty within thirty (30) days of date of such notification, their seniority shall cease and they will be deemed to have left the service of their own accord.
ARTICLE VIIIRULE 42. Deadheading Passenger Service.Trainmen deadheading by order of the Company in connection with passenger service will be allowed actual miles or actual hours for such deadheading, whichever is the greater, at passenger rates, but not less than a minimum passenger day; except that when deadheading to or from a point intermediate be tween passenger terminals, such deadheading may be combined with the passenger service in connection with which deadheading is performed and paid for as continuous time, provided that where the service performed is paid freight rate, the allowable deadheading in connection therewith will be paid freight rate. No deadhead payments will be made under this rule to trainmen traveling in the exercise of their seniority, to trainmen displaced by the exercise of seniority, to trainmen traveling in connection with relief of another trainman laying off for his personal convenience, nor to the man thus relieved. So far as consistent with the requirements of the service, trainmen deadheading in connection with passenger service will be deadheaded on passenger trains.
RULE 43.	Deadheading­Freight Service.Deadheading Account Seniority or Personal Convenience.Trainmen deadheading by order of the Company in connection with freight service will be allowed actual miles or actual hours for such deadheading, whichever is the greater, at the rate of pay for the service for which deadheaded, but not less than a minimum freight day; except that when deadheading to or from a point intermediate between terminals for such service, such deadheading may be combined with the service in connection with which deadheading is performed and paid for as continuous time. When two crews are called to run and deadhead upon the same train, first crew out shall deadhead and stand first-out on arrival if deadheaded to distant terminal. If deadheading to intermediate points, first crew out will handle the train and second crew out will deadhead. No deadhead payments will be made under this rule to trainmen traveling in the exercise of their seniority, to trainmen displaced by the exercise of seniority, to trainmen traveling in connection with relief of another trainman laying off for his personal convenience, nor to the man thus relieved.
RULE 44.	Deadhead to New Assignment.When an assignment is bulletined to commence service at the Division terminal, no deadheading in connection with such assignment will be paid. When an assignment is bulletined to commence service at other than the Division terminal, the first trainman sent to such outlying point will be paid deadheading either from the division terminal, or from point of last service, whichever is the shorter distance, unless service is furnished to such outlying point in lieu of deadheading. If later displaced by a senior man, either the successful bidder or otherwise, no further deadheading will be allowed.
RULE 45. Deadhead Account Train Abandoned or Assignment Cancelled.When a train is abandoned, or an assignment cancelled, leaving trainmen away from the Division Terminal, deadheading will be allowed such trainmen either to the Division Terminal, or to point of next service, whichever is the shorter distance, unless service is furnished to such point in lieu of deadheading. If trainman lays off at point of release in lieu of exercise of seniority, no deadheading will be allowed.
RULE 46 (a). Deadhead From Distant to Home Terminal.Trainmen deadheaded back from their distant terminal to their home terminal will be paid for such deadheading at the rate of pay of the trip upon which they arrived at the distant terminal
(b) Deadheading for Vacation Relief.Trainman actually required to deadhead in relief of another trainman account such trainman taking annual vacation under the provisions of the joint Vacation Agreement effective July 1, 1949 (referred to as Appendix "I"), will be allowed deadheading compensation. Deadhead mileage and compensation will be allowed only once in each direction when deadheading is paid in connection with vacation relief. The vacationing trainman thus relieved will not be allowed deadhead compensation.
EXAMPLES COVERING PAYMENT FOR

DEADHEADING

	Trainman A	gives up assignment on Train 5 and deadheads to displace junior on train 1. No time allowed.
	Trainman B	gives up assignment on Train 5 and deadheads to take new assignment on train 1. Time allowed as per Rule 44.
	Trainman C	holding assignment on Train 5; assignment cancelled at other than division terminal, and C deadheads to point of next service. Time allowed as per Rule 45.
	Trainman D	called to deadhead to take new service on Train 5. Time allowed as per Rule 44.
	Trainman F	displaced by Trainman A as shown above. No time allowed.
	Trainman G	lays off to return to division terminal or other point for his personal convenience.  No time allowed.
	Trainman H	called to deadhead to relieve Trainman G as shown above. No time allowed.
	Trainman J	granted leave of absence account sickness of himself or member of his immediate family residing at home of which J is the head, and travels to some other point. No time allowed.
	Trainman K	called to deadhead to relieve J as shown above. Time allowed as per Rule 42 or 43.
	Trainman M	deadheaded by order of Company to, from or between terminals of his assignment or service in which employed, in equalization of crews, or in connection with such service. Time allowed as per Rule 42 or 43.
	Trainman N	deadheaded by order of the Company from Division Terminal to outlying point to relieve a trainman called in for examination. Time allowed Trainman N as per Rule 42 or 43; but time not allowed to the trainman thus relieved.

ARTICLE IRULE 47. Investigations.An employee whose name has been listed on the seniority roster as permanently employed under the provisions of Rule 4, or any employee involved with other employees in matters involving insubordination, infraction of rules, damage to equipment, or personal injury, shall not be disciplined or dismissed or given record suspension without a full and impartial investigation of the circumstances, unless waiver of such investigation is submitted to the investigating officer in writing. At the investigation, he may be represented by one or more employees of his choice and at which he may present the testimony of such witnesses as he may desire, and hear all the testimony submitted at the investigation. He may, however, be held out of service pending such investigation, and if discipline be assessed, the period so held from service shall be included in any disciplinary period thereafter involved. Notice of such investigation, stating the known circumstances involved, shall be given to the employee in writing within five (5) calendar days of the date that knowledge of the offense or irregularity has been received by the Superintendent, Trainmaster or Yardmaster in charge and investigation will be held within five (5) calendar days of such notice. A decision will be rendered, and any employee held responsible will be notified in writing of such decision, within twenty (20) calendar days after completion of investigation, but no employee will be held from service awaiting decision in excess of ten (10) days.
Investigation shall be held, so far as possible, at the home terminal of employees involved, and at such time as to cause employees a minimum loss of rest or time.  When necessary to secure presence of witnesses or representatives not immediately available, reasonable postponement at the request of either the Company or Employee may be had, but in any event, such investigation shall be held within thirty (30) days of the date of notice.
RULE 48. Discipline.If decision results in suspension or dismissed, it shall become effective as promptly as necessary as relief can be furnished, but in no case more than five (5) calendar days after notice of such decision to the employee. If not effected within five (5) calendar days, or if employee is called back to service prior to completion of suspension period, any unserved portion of the suspension period shall be cancelled.
RULE 49. Appeals.An employee dissatisfied with decision shall have the right of appeal, either in person or through his representatives, to the next higher proper officer, providing written notice is made to such officer, and a copy furnished to the officer whose decision is appealed, within forty­five (45) days of the date of advice of decision. Employees shall have the right of further appeal in the regular order of succession, in the manner described, up to and inclusive of the highest official designated by the Railway to whom appeals may be made. Each such appeal shall be taken within forty­five (45) days of the date of final decision in writing by the officer with whom matter is being handled; but such forty­five (45) day limitation shall not be deemed to appeal to the period during which such appeal is under consideration by each successive officer. If decision of the highest designated official is unsatisfactory, appeal may be had to the National Railroad Adjustment Board, or other similar tribunal, under the provisions of the Railway Labor Act.
RULE 50. Transcript.A transcript will be made of all statements. reports, and information made a matter of record at the investigation, and a copy of such transcript will he furnished on request to the employee or his representative.
RULE 51. Exoneration.If decision on the investigation decrees that an employee is free of responsibility in the circumstances, no entry in connection therewith will be made upon his personal record, and if he has meantime been held from service pending investigation, he will be reimbursed for any or all loss of time or compensation thereby incurred at his regular rate of pay for each calendar day held from service. If decision on the investigation decrees that employee is responsible, but such decision is reversed on appeal, appropriate notation indicating such exoneration will be placed upon the Employee's record, and he will be reimbursed for any loss of compensation incurred at his regular rate of pay for each calendar day held from service, and return to his former position.
RULE 52. Grievances.An employee who considers himself unjustly treated under the provisions of this schedule, may, within five (5) calendar days of the cause of such complaint, file written request with his appropriate supervising officer, for an investigation of the circumstances; whereupon investigation within five (5) calendar clays thereafter will be held in the manner provided in Rules 47, 48, and 50. Decision after such investigation, and appeals thereafter from such decision, will, in like manner, be rendered or had in accordance with provisions of Rule 49.
RULE 53. Time Slip Corrections.When time claimed by trainmen is not allowed, they will he promptly notified in writing and reason given therefor.
RULE 54 (a). Claims.Claims regarding improper payment under the provisions of this schedule must be filed with the proper supervising officer within thirty (30) days of the date payment is made to the employee for such service period. Retroactive claims in excess of that period will not be considered.
(b) Decision by the highest officer designated by the Carrier to handle claims shall be final and binding, unless within one (1) year from the date of said officer's decision such claim is disposed of on the property or proceedings for the final disposition of the claim are instituted by the employee or his duly authorized representative and such officer is so notified. It is understood, however, that the parties may, by agreement in any particular case, extend the one year period herein referred to.
ARTICLE X

PASSENGER AND MAIL SERVICE ONLY

RULE 55. "RULE55."Consist of Crew.Main line passenger and mail trains consisting of four (4) cars or more will be manned by not less than one brakeman and one flagman.
RULE 56. Choice of Positions.When two brakemen are employed on a passenger train and are equally qualified for necessary service as brakeman, and flagman, the senior brakeman may have choice as to such positions; Division Superintendent and Train Conductor to be judge of qualifications.
RULE 57 (a). Uniforms Required.Brakemen or Flagmen electing to accept extra or regular passenger service are required to equip themselves with standard uniforms. Brakemen or Flagmen who are runaround on account of not being so equipped will not be compensated under the runaround rule.
(b) Standard Uniform.

© Experience Required."©ExperienceRequired."
Nothing in this rule shall be considered as changing that portion of Rule 19 requiring trainmen to have at least two (2) years experience as freight trainmen on steam surface railway.
RULE 58. Combination Brakemen and Baggagemen.Existing seniority lists of combination Brakemen­Baggagemen will be continued and will have first preference to such service, except that any such combination men who now have seniority dates as such, will forfeit such special seniority if they elect to accept any other service when they can hold combination service. If such combination service seniority is thus forfeited, such employee will hold no further rights to combination service except in the order of his standing as brakeman, as hereinafter specified.
When additional combination Brakemen­Baggagemen are required, they will be assigned from the ranks of Trainmen qualified for such combination service, in accordance with their roster standing as passenger brakemen. Trainmen will be required to pass a satisfactory examination on combination service requirements by Superintendent or other designated officer before being qualified for such service. After having so qualified, they will thereafter be so designated on the Trainmen's roster. Trainmen disqualified for combination service will not again be examined on such qualifications within six (6) months of the date of disqualification.
RULE 59. Baggagemen.Train Baggagemen shall be promoted from the ranks of Brakemen, and Baggagemen will be privileged to exercise their seniority as Conductors without surrendering their seniority as Baggagemen. Baggagemen will not be privileged to exercise their seniority as Brakemen so long as they can hold Baggage service, without surrendering their seniority as Baggagemen.
Filling temporary positions in baggage service will not be considered as promotion to such service.
Baggage service will be prorated on a mileage basis between the divisions over which baggage runs are operated. When a division is thus privileged to provide a baggageman, the senior, qualified passenger brakeman from that Division, applying in writing to the proper officer, will be assigned.
Vacancies for a period of less than fifteen (15) days will be manned by the oldest available passenger brakeman at the baggage terminal where the vacancy exists. The senior brakeman referred to in this paragraph must be competent to handle baggage service.
NOTE:	Such passenger brakeman at the baggage terminal to be called irrespective of his brakeman's assignment. The brakeman initially called for the baggage service under the above paragraph will remain on the run until the close of the bulletin or until the regular baggageman returns to service when the assignment is not bulletined.
When it is known that a vacancy will be for fifteen (15) days or more, the senior train baggageman applying for it will be assigned and if the vacancy is for thirty (30) days or more, it will be bulletined on the Division next entitled to a regular baggage position and the senior applicant will be assigned.
Seniority districts for baggagemen to be as follows:

Baggage terminals will be observed, except where trains initiate or terminate at points not regular baggage terminals, in the handling of specials, run as sections of regular trains or as extras or where baggageman handled deadhead equipment for the purpose of returning with passengers or vice versa.
Fraternity specials such as Shrine, Elk, etc., may be manned by senior available baggagemen, whether extra or regular, who are members of fraternity.
The present seniority standing of men on the baggagemen's roster not to be changed or interrupted by application of the foregoing.
Extra baggage service on trains that are run out of Saint Paul and over the Willmar Division should be manned by the senior, available. Qualified passenger trainmen holding seniority on the Third District.
Extra baggage service on trains run out of Saint Paul and over the Saint Cloud Division should be manned by the senior available, qualified passenger trainmen holding seniority on the Second District.
It is further agreed that when Eleventh District baggagemen lay off at Spokane for periods of fifteen (15) days or less that the senior available Eleventh District senior brakemen will be used for such vacancies. This is strictly with the understanding that there will be no extra expense in connection with deadheading as the men from Whitefish who relieve those that lay off, must deadhead between Whitefish and Spokane at their own expense.
Baggagemen handling special trains will be paid through freight train rates whether the trains are run as sections of regularly scheduled trains or not, as provided in Rule No. 67(a).
		NOTE:	Baggage service exclusive to one seniority district will be manned by employees of that seniority district only and will not be included in interdivisional baggage runs.

		NOTE:	Train Baggagemen will not be required to make out waybills for milk and cream shipments delivered to the station during the time the station force is on duty. However, it is understood that train baggagemen will make waybills, without additional compensation, for milk or cream cans that are delivered to the station after the station force has gone off duty or when milk or cream cans are picked up at points where no station force is maintained.

RULE 60 "RULE60"(a). Basic Day-Passenger.In passenger and mail service, one hundred and fifty (150) miles or less (straightaway or turnaround) shall constitute a day's work; miles in excess of 150 shall be paid for at the mileage rates provided in Rule 61(a).
(b) Beginning and Ending of Passenger Day.A passenger day begins at the time of reporting for duty for the initial trip, and ends when relieved from duty.
RULE 61 (a). Rates of Pay, Passenger and Mail.Trainmen in passenger and mail service will be paid as provided on rate sheet shown on page 73. (See Appendix "A")
(b) Use of Daily and Mileage Rates.Daily rates obtain until the miles made at the mileage rates exceed the daily minimum.
© Daily Guarantees.Then the monthly earnings of regularly assigned passenger and mail trainmen from daily guarantees, mileage, overtime and other rules do not produce the average amounts per day, as provided on rate sheet shown on page 73. (see Appendix "A" )trainmen will be paid for each day service is performed as provided thereon.
(d) Passenger Monthly Mileage Basis.Monthly money guarantee provided in Rule 6l(a) will constitute payment for maximum of 50 miles. Miles in excess of 4500 shall be paid for at mileage rates provided in Rule 61 (a).

(e)  Rate for Combined Duties, Baggagemen & Brakeman.Trainmen performing combined duties of baggageman and brakeman will be paid rates applicable to baggageman
(f) Baggagemen Allowance for Handling U. S. Mail.The extra allowance for baggagemen handling U. S. Mail will not apply when the amount of such mail handled does not exceed in volume, between any two points, the number of sacks or pieces specified by Post Office Department Circular from time to time as the equivalent of three (3) feet of mail space. Loading United States Mail into car, storing it in car, sorting it enroute, or unloading it at an intermediate or terminal point, will constitute "handling" under this rule. The extra allowance for handling United States Mail will not apply when "storage" mail is in charge of the baggageman, provided he is not required to "handle" it.
NOTE: (See Interpretations-Appendix "J")
(g) Passenger Brakemen Handling Baggage, Mail and/or Express.

RULE 62"RULE62" (a). Passenger Freight Shipments.When it is desired to handle freight shipments, moving on freight billing under freight tariffs, upon trains assigned or run as passenger trains, the following rules will apply:
If such shipments are handled in cars not equipped for regular movement in passenger trains, the handling of such equipment constitutes a freight train movement. If such movement is only occasional or incidental, freight rates will be paid for the trip in accordance with the classification of freight service rendered, but without change in assignment or application of freight rules or terminals. If such freight movement is regularly part of the work of the train, assignment of run and application of rates and rules will be made as provided for freight train service.
If such shipments are handled in cars equipped for regular movement in passenger trains, the run will be assigned, and operated as to rules and terminals, as a passenger train, but there shall be added to the regular passenger rate the differentials provided on rate sheet shown on page 74, (See Appendix "A") for the actual mileage over which the freight service is performed. Through service as there shown shall be understood to mean the handling of shipments on that run in unbroken carloads: local service shall be understood to mean the handling of shipments loaded or unloaded from cars enroute while on that run.
It is understood and agreed that these special rules do not apply to silk, fish and berry specials covered by Trainmen's schedule Rule 67(d), nor to milk and cream or similar commodities handled on special billing as "passenger train freight" or "waybilled baggage", nor to commodities of any kind handled on express billing. It is further understood and agreed that these rules do not apply to passenger equipped cars which are returned empty, nor to the incidental return movement of less than carload merchandise returned to its proper destination account carried by in error, and is without prejudice to the proper application of combined service rule of this agreement.
If trains are run composed of passenger equipment only, but handling only fast freight as provided herein, they will be classified and operated as passenger runs, subject to the differential rate provided.
(b) New Service Commodities.Certain commodities for the News and Lunch service may be handled on passenger trains under special deadhead baggage billing. The carrier may handle commodities such as candies, fruits, cigarettes, cigars, as well as meat and cheese for making sandwiches, and other miscellaneous commodities for the News and Lunch Service in passenger trains under deadhead baggage billing and there will be no valid claim by or penalty paid to trainmen on the basis that the commodities handled must be confined to News and Lunch Service supplies and that such commodities must be placed into the baggage cars at the originating station and taken from the baggage cars at the destination by employees other than trainmen.
Shipments of Company material may be handled on passenger trains without penalty provided the shipments are placed into the baggage cars at point of origin and removed from baggage cars at the destination by employees other than trainmen.
RULE 63. Rates, Extra Men.When extra men fill vacancies in regular positions, they will take conditions of the regular positions. Service performed by extra men not filling place of regular men will be paid not less than the daily earning minima for each day service is performed.
RULE 64 (a). Monthly Guarantee.Regularly assigned passenger trainmen who are ready for service the entire month (30 days constitutes a month) and who do not lay off of their own accord shall receive the monthly guarantee provided for in Rule 61(a) exclusive of overtime.
(b). Extra Service to Make Up Guarantee.Extra service may be required sufficient to make up these guarantees, and may be made between regular trips; may be made on layover days; or may be made before or after the completion of the trip. If extra service is made between trips which go to make up a day's assignment, such extra service will be paid for on the basis of miles or hours, whichever is the greater, with a minimum of one (1) hour. Extra service before or after the completion of a day's work will pay not less than the minimum day.
© Basis of Pay for Extra Service.The basis of pay for extra service applies only in making up the guarantees. After guarantees are absorbed, schedule provision for extra service apply.
(d) Basis of Pay for Extra Men Relieving Regular Men.When a regularly assigned passenger trainman lays off of his own accord or is held out of service, the extra man will receive the same compensation the regular man would have received and the amount paid the extra man or men will be deducted from the amount the regular man would have received had he remained in service, the sum of the payments to the man or men who may be used on the run equaling the monthly guarantee.
RULE 65. Method of Applying Daily and Monthly Guarantees.The method of applying daily and monthly guarantees will be as shown by the following examples:
	EXAMPLE 1:	Brakeman on thirty (30) day assignment; paid daily minimum plus eight (8) minutes overtime daily, or a total of four (4) hours at 143.12 cents, equals $5.72, total of $349.22. As average of daily earnings for the days on which service is performed is less than $11.75, will receive 30 x $11.76, equals $352.50.

	EXAMPLE 2:	Brakeman in Example 1 lays off five (5) days. He receives 25 days @ $11.75--$293.75; extra man 5 x $11.75--$58.75.

	EXAMPLE 3:	Brakeman on 30­day assignment making 140 miles daily is subject to the monthly guarantee of $343.50; makes 10 minutes overtime daily, amounting to $7.15; is required to perform extra service. Payments accruing under the schedule rules for the extra service will be applied against the payment, 30 days time $11.75 per day, viz: $352.50. If such additional payments produce compensation in excess of $352.50, daily earning guarantee not involved.

	EXAMPLE 4:	Brakeman on thirty (30) day assignment paying daily minimum which equals $343.50; average daily earnings guarantee, 30 x $11.75 equals $352.50. Regular man lays off 10 days during month and receives 20 x $11.45-- $229.00; extra man working 10 days in regular man's place earns $169.50 (including overtime). Regular man receives $229.00; extra man receives $169.50: total $398.50. As this is more than average of $11.75 for days of assignment, guarantee not involved.

	EXAMPLE 5:	Brakeman on 26­day assignment; makes no overtime and performs no extra service; therefore, is subject to the monthly guarantee of $343.50. 1/26 of $343.50 equals $13.21 per day. Daily earnings guarantee not involved.
	EXAMPLE 6:	Brakeman in Example 5 lays off one day; daily earnings guarantee not involved; therefore, regular brakeman receives 25/26 o~ $343.50; extra man in his place 1/26 of $343.50.

	EXAMPLE 7:	Brakeman on 26­day assignment makes no overtime; is required to perform extra service on one Sunday for which schedule requires payment of $11.45, which is applied against monthly guarantee of $343.50; $343.50 divided by 27 days equals $12.72. Daily guarantee not involved.

	EXAMPLE 8:	Brakeman on 28­day assignment, subject to the monthly guarantee of $343.50; earns 10 hours overtime at 143.12 cents which equals $14.31; total $357.81. 28 days times $11.75 equals $329.00. Daily earnings guarantee not involved.

	EXAMPLE 9:	Brakeman on 28­day assignment which is subject to the monthly guarantee of $343.50, lays off one day; receives 27/28 of $343.50, or $331.23; the extra man 1/28, or $12.27. Daily earnings guarantee not involved for either regular or relief man.

	EXAMPLE 10:	Extra man (not filling place of a regular man) on first day (as is used under conditions resulting in two minimum days; second day (b) makes 200 miles; third day © makes 125 miles, no overtime; fourth day (d) makes 125 miles and 4 hours overtime.

	(a) will be paid 2 days at $11.45	$22.90
	(b) will be paid 200 miles at 7.63 cents	15.26
	© will be paid daily earnings guarantee	11.75
(d) will be paid daily minimum, $11.45

Above examples deal with rates East of Minot. In territory West of Minot, substitute in the example the rates that apply West of Minot as shown in Rule 61(a). This does not nullify or amend Rule 67.
	EXAMPLE 11:	For brakemen West of Minot the monthly guarantee is $346.80. In a 30­day calendar month during which 28 days are made (the daily rate is $11.56), which for 28 days amounts to $323.68. 28 days at the average daily earnings guarantee, $11.75, amounts to $329.00; inasmuch as the monthly guarantee is greater than either of the daily guarantees, the monthly guarantee of $346.80 will be paid.

	NOTE:	All adjustments account application of average daily earning, guarantees to be made on second period payrolls each month and shown as a separate item on timekeeper's records.

	NOTE:	Rates shown in examples are computed on the base rate effective March 1, 1951.

RULE 66"RULE66" (a). Interdivisional Runs.Interdivisional runs may be established as required, subject to proper equalization of mileage thereon between the employees affected on the different seniority districts. On regular assignments, the number of crews from each seniority district assigned to the run will be proportioned as nearly as possible in the same ratio as the miles of the assignment on their respective districts. Any inequality therein, and also all unassigned, interdivisional passenger service, will be equalized annually, commencing on June 1st of each year, unless otherwise agreed upon between Management and Employees on all seniority districts affected. Such equalization will be based upon the total number of passenger miles paid for, including overtime and terminal allowances.
For unassigned interdivisional passenger service, crews will be called as of the seniority district on which such service originates and will handle train to next succeeding designated interdivisional passenger terminal, or any intermediate point.
Regularly designated terminals for unassigned interdivisional passenger service shall be St. Paul, Fargo, Williston, Havre, Whitefish, Spokane, Seattle and Portland. For business to and from Head of the Lakes, Terminals East of Williston shall be Grand Forks and Duluth. For business to and from Sioux City, terminals shall be Sioux City and Willmar, Willmar Division crew to handle from Willmar to next designated passenger terminal. For business to and from Billings and Butte, terminals shall be Billings or Butte and Great Falls, crew out of Great Falls to run to either Havre or Whitefish.
NOTE:	For business operating between St. Paul and Noyes via Fargo and Grand Forks, Second Seniority District (St. Cloud) crew will be used between St. Paul and Fargo; Sixth Seniority
District (Dakota) crew will be used between Fargo and Noyes. If unassigned passenger train returns from Noyes to St. Paul via Barnesville, Sixth Seniority District (Dakota) crew will be used.
For business initiating at St. Paul, operating between St. Paul and Noyes via Barnesville, Second Seniority District (St. Cloud) crew will be used.
When an interdivisional unassigned passenger run originates or terminates at an intermediate point on the same seniority district as either the first or the last regular designated interdivisional passenger terminal, such initial or final movement between intermediate point and regular designated interdivisional passenger terminal is local to that seniority district and will not be included in interdivisional equalization.
In case of contemplated return movement in reverse direction, company will have the option of holding over the incoming crew at an~ terminal for such return movement, and crews so held shall stand first­out for such return, unassigned, interdivisional passenger movement. For the first twenty­four (24) hours so held, crews will be paid under the provisions of held­from­home­terminal Rule 32. After the first twenty­four (24) hours held, crews will be paid under the provisions of intermediate tie­up Rule 30(b), going automatically on duty at the expiration of eight (8) hours. Crews shall not be so held in excess of 48 hours, unless there are no other qualified passenger crews available for such return movement. Held­from-home terminal time so paid for shall be included in equalization adjustment. Short overlaps to reach a regular terminal for divisional service, such as Coon Creek to St. Paul, Moorhead to Fargo, Pacific Junction to Havre, or Dean to Spokane, not to be considered as an interdivisional movement, nor figured in equalization.
(b) Minimum Assignment Interdivisional Runs.Regularly assigned interdivisional passenger runs will be bulletined and assigned for a minimum period of service of fifteen (15) days.
RULE 67 (a) . Rates of Pay-Regular and Special Passenger Trains.Trainmen handling regular passenger trains to be paid passenger train rates, and for handling special trains, such as Fair, Convention, Excursion, Elks' Specials, and all similar trains, will be paid through freight train rates whether run as sections of regularly scheduled trains or not. This does not apply to sections of regularly scheduled passenger trains handling overflow business. If paid passenger rates, overtime to be computed on passenger basis; if paid freight rates, overtime to be computed on freight basis. Established passenger terminals to be observed.
(b) Manning Organization Specials.Organization specials such as Shriner, Elk, etc., may be manned by the senior available trainmen, members of the fraternity chartering the train.
© Observe Regular Passenger Terminals.Special passenger trains run as sections of regular trains or as extra, or where a crew handles deadhead passenger equipment for the purpose of the crew returning with passengers, or vice versa, regular passenger terminals will be observed. These trains are to be manned by extra uniformed trainmen when available and when not available, to be manned by trainmen standing first­out in the pool.
(d) Commodity Specials.Trainmen handling special trains which do not carry passengers, such as silk, fish and berry specials, will be paid on through freight basis. Established freight terminals will be observed except that trainmen of such trains may be required to handle them between First Street, Minneapolis via passenger line or Minneapolis Junction and Saint Paul, Central Avenue, Superior via passenger line, or Winter Street, Superior via freight line, and Duluth, Hillyard and Spokane and Interbay and Seattle and will be paid terminal time therefor on basis of 12 ½ miles per hour, computed for outgoing trainmen from the time they leave the terminals until they return and for inbound trainmen from the time they arrive at freight terminal until they are released at their terminal.
RULE 68. Short Trip in Addition to Regular Trip.Trainmen in passenger and mail service required to make a short trip either before or after their regular trip to keep intact assignments or to handle their own connections, will be paid mileage rate provided for such trips in addition to pay for regular trip.
RULE 69. Double on Lay­over Days.Other than as provided by Rules 35, 64, 68, and 83(b), trainmen will not be required to double on lay­over days when it is possible to avoid it.
RULE 70. Called and Train Annulled.When trainmen are called and report for a passenger train, and such call is annulled before the expiration of four (4) hours, they shall receive four (4) hours pay at passenger rate and continue to stand first­out. If such call is annulled after four (4) hours, and before the expiration of seven and one­half(7 ½) hours, they shall receive one day's pay at passenger rate and thereafter stand last out. If such call is annulled after seven and one­half hours, they shall receive payment for all time so held, as per schedule rules, and thereafter stand last out.
RULE 71 (1).  Reporting in Advance of Leaving Time.Passenger trainmen required to report at their initial terminal station more than thirty (30) minutes prior to schedule leaving time will be paid for such excess over thirty (30) minutes at regular passenger rates.
Handle Baggage or Express at TerminalsPassenger brakemen required to handle baggage or express at their final terminals will be paid at regular passenger rates for all time so consumed in excess of fifteen (15) minutes Paragraphs (a) and (b) of this rule will not apply to trainmen assigned to less than 4,500 actual miles per month until after the monthly guarantee has been earned.
(b) Switching or Herding at Terminals.Passenger trainmen who are required to turn or switch their trains or do any other switching, or herd engines, as defined in Rule 74(g), at terminals, shall be paid for actual time so consumed in addition to pay for trip at regular rates.
NOTE:	See Appendix "P", Herding Agreement effective May 1, 1945.
© Initial Terminal Delay-Passenger Service1. Initial terminal delay shall be paid on a minute basis to Trainmen in passenger service for all time in excess of sixty (60) minutes computed from the time of reporting for duty up to the time the train leaves the terminal ("terminal") means passenger station or other starting point from which the train actually departs), at one­eighth (1/8th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
Where mileage is allowed between the point of reporting and the point of departure, each mile so allowed will extend bv three (3) minutes the sixty (60) minute period after which initial terminal delay payment begins.
2. 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.
3. 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.
(d) Final Terminal Delay-Passenger.1. Final terminal delay shall be computed from time train reaches terminal station.
2. Final terminal delay for each member of the crew is the total elapsed time from time of arrival at terminal station in passenger service, until such member of crew is finally relieved from duty, not including any time otherwise paid for as an arbitrary, such as switching or herding. If this total unpaid elapsed time is in excess of thirty (30) minutes, the entire time will be paid for at pro rata rates on the minute basis, unless road overtime has commenced, in which case road overtime rate will apply. If the total unpaid elapsed time is thirty (30) minutes or less, no payment shall be made therefor.
3. Road trainmen may claim pay for time under either the terminal switching rules, the terminal delay rule, or the herding rule where work is performed coming under more than one of these rules, but payment will only be made under one of such rules for the same time or service, the purpose being to allow payment under whichever rule will produce the greater compensation for the total elapsed time consumed in any combined service without duplicate payment being made for the same time or service under these rules.
4. If road overtime has commenced, terminal overtime shall not apply and road overtime will be paid to point of final release.
5. When final terminal delay accrues, mileage between designated points and point of release will not be allowed. When final terminal delay does not accrue, actual mileage will be allowed from passenger station to point of release, and will be added to the actual mileage of the trip; less than one mile not to be counted.
	NOTE:	All payments for final terminal delay are based on 12 ½ miles per hour and rate as per class of service.

		6. This rule shall apply to passenger service except that it will not apply to crews paid on an hourly basis where switching is performed at final terminal in accordance with schedule rules.

RULE 72 "RULE72"(a) Overtime.Overtime in all passenger service shall be paid for on the minute basis at a rate per hour of not less than one eighth of the daily rate herein provided. (Divide the straight monthly rate by the number of days per month the train is scheduled to run to obtain the daily basis; divide the daily basis by eight to obtain the new hourly overtime rate.)
(b) Overtime, Short Turnaround Runs.Conductors and Trainmen on short turnaround passenger runs, no single trip of which exceeds 80 miles, including suburban and branch line service, shall be paid overtime for all time actually on duty, or held for duty in excess of eight (8) hours (computed on each run from the time required to report for duty to the end of that run) within nine (9) consecutive hours; and also for all time in excess of nine (9) consecutive hours computed continuously from the time first required to report to the final release at the end of the last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour. This rule applies regardless of mileage made. For calculating overtime under this rule, the Management may designate the initial trip.
© Overtime, Other Passenger Runs.Trainmen on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour, computed continuously from the time required to report for duty until released at end of last run. Overtime shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed, overtime shall not accrue until the expiration of seven (7) hours and thirty (30) minutes from the time of first reporting for duty.
(d) Incidental or Additional Service.Time consumed in incidental or additional service and paid for separately, such as Rule 71, should not be included in calculating overtime; in other words, should not be paid for twice.
RULE 73. Couple Air or Steam Hose.At main line terminals where carmen are employed, passenger trainmen shall not be required to couple or uncouple air or steam hose.

ARTICLE XI

OTHER THAN PASSENGER AND MAIL

RULE 74"RULE74" (a). Basic Day Except Passenger and Mail.In all road service, except passenger and mail, one hundred (100) miles or less, eight (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) Time Commences and Ends.In all classes of service other than passenger and mail, Trainmen's time will commence at the time they are required to and do report for duty and shall continue until the time they are relieved from duty. The Management will designate the time for reporting for duty.
© Automatic Release.Other than as provided in paragraphs (d) and (e) of this rule and Rule 75(d), Trainmen arriving at terminals or end of runs are automatically released, except that trainmen may be required to run to first siding out of initial terminal to pick up train set out account of blocked yard, and run through initial terminal with same, and paid on the basis of continuous time or miles.
(d) Short Trips or Turnarounds.Trainmen in pool or irregular freight service may be called to make short trips or turnarounds with the understanding that one or more turnaround 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 eight (8) consecutive hours, except as a new day, subject to the first­in, first­out rule or practice.
(e) Run Through Terminal In Turnaround Service.Trainmen assigned to turnaround service between two designated points may be run through such terminal as many times as provided in their assignment, but will not be run by or beyond the terminus of such assignment. Trainmen so assigned not to be run around by each other at their terminal.
The term "assignment" as used in this paragraph to be for not less than fifteen (15) days continuous service.
(f) Mileage of Trip and Herding Engine.In other than passenger service, mileage of trip shall be computed from yard office at initial terminal to yard office at final terminal. When trainmen in such service are required to herd engine, as defined in Rule 74(g), at any terminal, they shall be paid actual mileage or actual time so consumed, whichever is the greater, at regular rates, in addition to pay for trip. This additional herding mileage is applicable only to brakemen who actually perform herding service.
NOTE:	See Appendix "P", Herding Agreement effective May 1, 1945.
(g) Herding, Definition of.Herding is understood to mean accompanying the engine of the brakeman's own train from roundhouse or other designated engine tie-up track to passenger depot or train yard, or vice versa, as distinguished from light engine pilot service, but does not include coupling or uncoupling of such engine.
(h) Initial Terminal Delay-Freight Service.1. Initial terminal delay shall be paid on a minute basis to trainmen in freight service for all time in excess of seventy­five (75) minutes computed from the time of reporting for duty up to the time the train leaves the terminal at one­eighth (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 on its road trip from the yard track where the train is first made up.
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.
NOTE:	The question as to what service constitutes a "mine run" as that term is used above shall be determined on each individual railroad by management and the appropriate general committees.
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 seventy­five (75) minutes after which initial terminal delay payment begins.
2. 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.
3. 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.
(i) Final Terminal Delay-Freight Service.1. Final terminal delay shall be computed from the time the engine reaches the designated main track switch connection with the yard track.
2. Final terminal delay for each member of the crew is the total elapsed time from the arrival of the engine at the designated main track switch connection in freight service, until such member of crew is finally relieved from duty, not including any time otherwise paid for as an arbitrary, such as switching or herding. If this total unpaid elapsed time is in excess of thirty (30) minutes, the entire time will be paid for at pro rata rates on the minute basis, unless road overtime has commenced, in which case road overtime rate will apply. If the total unpaid elapsed time is thirty (30) minutes or less, no payment shall be made therefor.
3. Road trainmen may claim pay for time under either the terminal switching rules, the terminal delay rule or the herding rule, where work is performed coming under more than one of these rules, but payment will only be made under one of such rules for the same time or service, the purpose being, to allow payment under whichever rule will produce the greater compensation for the total elapsed time in any combined service, without duplicate payment being made for the same time or service under these rules.
4. If road overtime has commenced, terminal overtime shall not apply and road overtime will be paid to point of final release.
5. When final terminal delay accrues, mileage between designated point, and point of release will not be allowed. When final terminal delay does not accrue, actual mileage will be allowed from designated switch to point of release, and will be added to the actual mileage of the trip; less than one mile not to be counted.
NOTE:	All payments for final terminal delay are based on 12 ½ miles per hour and rate as per class of service.
6. This rule shall apply to road freight service, except that it will not apply to crews paid on an hourly basis or to pusher, helper, mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, snow plow, circus train, road switcher (district runs) or to local freight service where switching is performed at final terminal in accordance with schedule rules.
7. It is understood that for the purposes of this rule that service on the Mesabi Division, variously referred to as Mesabi Range or transfer service, Mesabi Range ore train service, and Mesabi Division Mine Run service, shall be considered as mine run service.
	NOTE:	The application of this rule shall not in any way abrogate or annul the provisions of the following Special Agreements:

		Agreement dated August 4, 1931, designated as Twin City Switching Agreement, and Agreement signed May 5, 1938, designated as Coast Line Switching Agreement.

RULE 75"RULE75" (a). Combined Service.Road trainmen performing more than one class of road service in a day or trip will be paid for the entire service at the highest rate applicable to any class of service performed. The overtime basis for the rate paid will apply for the entire trip.

No. 1. Question:

Does the rule apply to trainmen in unassigned and/or assigned road service?

Answer:

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

No. 2. Question:

Does the rule apply to trainmen at an intermediate point or between two intermediate points where trainmen are required to perform roadservice not incident to the normal trip?

Answer:

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

No. 3. Question:

Does the rule set aside lap­back or side trip rules?

Answer:

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

No. 4. Question:

Does the rule set aside existing conversion rules?

Answer:

No.

No. 5. Question:

Does the rule set aside existing terminal switching rules?

Answer:

No.

No. 6. Question:

Does the rule apply to trainmen in passenger service?

Answer:

Yes, except where under existing rules seniority acquired by employees in passenger service is separate and distinct from the seniority acquired by employees in freight service.
Helper or pusher service, not a part of their regular assignment, or wreck or work train service should not be required of passenger trainmen except in emergencies.

No. 7. Question:

Does the rule apply to trainmen who are required at an intermediate point or points to perform work train service?

Answer:

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

No. 8. Question:

Does the rule apply where road trainmen are instructed at the outset of a trip before leaving the initial terminal to perform another class of road service outside of the terminal?

Answer:

Yes, except where existing rules adopted prior to August 1, 1939, specifically provide otherwise.
(b) Side and Lap­Back Trips.When a brakeman is required to make a side or lap-back trip between the terminals of his run, he will be paid therefor actual time or miles, whichever is the greater, at the pro rata rate independent of and in addition to compensation for the regular road trip. It is understood and agreed that overtime will be computed and paid for on the basis of the regular mileage of the trip, exclusive of miles made on the side or lap­back trip.
The foregoing paragraph will not apply where side trip or lap­back trip is made a part of a regular assignment, nor when trains run between the same terminals over an alternate route.
On turnaround assignment, extra trip from turnaround point, when outside of assigned territory, is an additional day.
NOTE:	Chain gang brakemen may be required to make side trips as part of their regular assignment, provided they are notified of such side trip when called. The mileage of such side trip will be added to and made a part of the regular trip and paid for on a continuous time basis. However, if the brakemen are notified to make a side trip after leaving initial terminal, such side trip will then be paid for as provided in the above rule.
© Time of Lap­Back Trip Computation.Lap­back trip shall commence at the time that the engine is cut off after the forward movement is stopped, and shall continue until the train is again coupled up after the lap­back, less any time not attributable to the lap­back movement such as eating, station switching, etc. (Such examples by way of illustration and not by way of limitation.)
The application herein will be without prejudice to Rule 76 (d).
(d) 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 76. Overtime.On runs of 100 miles or 1ess, overtime will begin at the expiration of eight (8) hours; on runs of over 100 miles, overtime will begin when the time on duty exceeds the mileage run divided by 12 ½. Overtime shall be paid for on the minute basis, at a rate per hour of 3/16 of the daily rate.
ARTICLE XII

OTHER THAN BAGGAGE AND MAIL

RULE 77. "RULE77."Rates of Pay.(See rate sheet shown on page 74, Appendix "A".)
RULE 78 (a). Rates for Flagmen on Light Engines.Brakemen acting as flagmen on light engines will be paid through freight brakemen's rates.
(b) Circus Trains.Trainmen handling circus or theatrical trains that do not exhibit between terminals will be run and paid under through freight rates and rules.
©  Trainmen handling circus or theater trains that stop to exhibit will be paid twelve (12) hours or 150 miles for each move including loading and unloading of circus. Miles run in excess of 150; hours in excess of twelve (12) will be paid for as per Rule 76. If less than 16 hours is used in the last move, actual time will be paid as per Rule 76, with a minimum of 100 miles. Trainmen used in other service during the time circus is exhibiting shall be paid extra therefor according to class of service performed, as another day, separate and apart from the circus train service; time thus otherwise engaged to be deducted from the total time paid for as circus train service.
(d)	Trainmen may be required to handle circus or theatrical trains over entire seniority district when such trains stop to exhibit.
INTERPRETATION:Question: In case a crew catches a circus train and does not stop to show at any other point except home terminal, who takes train out of home terminal?
Answer: Practices now in effect on the respective divisions to continue.
RULE 79 (a). Work Train Rate and Guarantee.Trainmen on work trains will be paid as per Rule 76, and while assigned to such service they are guaranteed a minimum of 8 hours' pay for every calendar day, except where the laws of any State, Nation or Country prohibit Sunday work, no service being performed no time will be allowed.
INTERPRETATION:1. Regularly assigned brakeman works on Saturday, lays off Sunday evening at home terminal. Extra brakeman works on Monday. (In this example, the extra brakeman that is called for this assignment of