UTU Local 1637 Home Page

Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.

Agreement between the Spokane, Portland and Seattle Railway Company, Oregon Trunk Railway, Oregon Electric Railway Company and Order of Railway Conductors and Brakemen governing the rates of pay, rules and working conditions of trainmen employed by those railroads.

The term "trainmen" in the preceding paragraph applies to conductors, assistant conductors or ticket collectors, brakemen, flagmen and train baggagemen, excepting such men as are employed by the Railway Express Agency as joint express messengers and baggagemen.

This Agreement shall become effective December 1, 1955; shall supersede all previous agreements, rulings and interpretations which are in conflict herewith; and shall continue in effect until amended, revised or terminated in accordance with the Railway Labor Act, as amended.

Per

Rule 1 Per Mile Month

Cents (Eff. 10­1­55)

Conductors $507.70

Assistant Conductors or

Ticket Collectors 483.30

Baggagemen 437.00

Baggagemen handling

express 442.80

Baggagemen handling U.S.

mail of prescribed volume 450.80

Baggagemen--handling both

U.S. mail of prescribed

volume and express 456.00

Brakemen and flagmen 430.75

NOTES: Passenger mileage rates are presently in dispute and are therefore not included at this writing.

Rule 2

Basic Day.

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

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

Rule 3

Overtime Short turnaround Passenger Service.

(a) 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 Speed Basis.

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

(c) Overtime in all passenger service shall be paid for on the minute basis at a rate per hour of not less than one­eighth of the daily rate herein provided.

Divide the straight monthly salary by thirty to obtain the daily basis. Then divide this daily basis by eight to produce the hourly overtime rate.

Daily Earnings Minima (Eff. 10/1/55)

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

Conductors $17.59

Assistant Conductors or Ticket Collectors 16.31

Baggagemen 15.32

Baggagemen--handling express 15.78

Baggagemen handling U.S. mail of prescribed volume 15.78

Baggagemen handling both U.S. mail of

prescribed volume and express 16.12

Brakemen and flagmen 15.15

When extra men fill vacancies in regular positions, they 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 4

Guarantees.

(a) Regularly assigned passenger trainmen who are ready for service the entire month and who do not lay off of their own accord, shall receive the monthly guarantee provided for in Rule 1, exclusive of overtime.

Extra service may be required sufficient to make up guarantees, and may be made between regular trips; made on layover days; or may be made before or after 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 hour. Extra service before or after the completion of a day's work will pay not less than the minimum day.

The bases of pay for extra service apply only in making up the guarantee. After guarantees are absorbed, Section (d) of this Rule 4 will apply.

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

(c) For the purpose of avoiding payment of excess overtime on turnaround runs in passenger service when any part or leg thereof is over eighty miles, the Railroads will be privileged to rearrange runs, combine pools or sets of runs, and may establish interdivisional runs excepting when this may be prohibited by provisions of existing agreements, such runs to be paid for in accordance with the mileage schedules of this order, but in no case less than the combination of trip rates in effect at the date of this order. (This rule), Article IV, Supplement 25, General Order No. 27.)

(d) Trainmen will not be required to double on lay over periods when it is possible to avoid it. But when required to do so will be paid a minimum of one days pay in addition to monthly guarantee except as provided for by Section (a) of this Rule 4.

Rule 5

Service at Terminals.

(a) Trainmen assigned to regular passenger service ice will not be used, except in case of emergency, in freight or work train service, or be required to do switching (except as provided for below) on other than equipment used on their runs.

On runs other than those covered in Rule 3, Section (a), when trainmen are required to switch their own trains at terminals, a minimum of twenty (20) minutes will be allowed or actual time in excess of twenty (20) minutes.

Putting trains away and turning trains on wyes, except where necessary to cut trains for that purpose, will not be considered as switching under this rule. (At Wishram, if crews are required, after arriving at station at completion of trip, to take train around wye, time consumed in performance of work will be paid for under this rule.)

Crews that are being paid continuous time at terminals may be called upon to handle not more than two cars, other than equipment used on their runs, when time consumed does not exceed one hour. If used in excess of one hour, or more than two cars are handled, will be paid for actual time with minimum of four (4) hours. Time allowed under this rule will be in addition to monthly guarantee.

(b) At terminals where hostlers are on duty, passenger trainmen will not be required to couple or uncouple engines, or pilot them to and from roundhouse.

(c) At terminals where carmen are on duty, passenger trainmen shall not be required to couple or uncouple air or steam hose.

(d) It will not be the duty of trainmen to clean coaches.

(e) A passenger trainman required to report for duty more than thirty minutes in advance of the specified departing time will be paid for such excess over 30 minutes at regular passenger rates. Duplicate payment will not be made under this rule.

(f) Passenger trainmen at terminals will be called or their regular runs when connections are late, or for other reasons are being delayed. If held more than one hour, actual time will be allowed for all time held from the time called until departure of train. This will be allowed as an arbitrary allowance in addition to monthly guarantee.

Rule 6

Crew Consist.

All passenger trains, except single unit Budd cars or similar type single unit equipment, will have at least one brakeman; trains of four or more cars will have not less than two brakemen. Single unit Budd cars or similar type equipment will be manned by conductor only.

Rule 7

Train Baggagemen.

Positions of train baggagemen, excepting such men as are employed by the Express Company as joint express messengers and baggagemen, will be filled by trainmen according to seniority.

Rule 8

Rates for Regular and Special Passenger Trains.

(a) Trainmen handling regular passenger trains to be paid passenger train rates, and for handling special passenger trains, such as fair, convention, excursions, fraternal specials and similar trains, including deadhead equipment, will be paid through freight train rates, overtime to be 3/16 of the daily rate, whether run as sections of regular passenger trains or not. This does not apply to sections of regular scheduled passenger trains handling overflow business.

Manning Fraternal Specials

(b) Fraternal specials, such as Shriner, Elks, etc. may be manned by senior available trainmen on the seniority district on which the service originates, who make application therefor and who are members of the fraternity chartering the train.

Rule 9

Extra Passenger Service.

(a) Extra passenger crews will be organized in accordance with provisions of Rule 31(a) and 32.

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

(c) Brakemen, not filling vacancies in regularly assigned passenger service, used in extra passenger service originating at the point where extra brakemen are maintained, either Portland or Spokane, may be used in extra service out of the opposite passenger terminal, provided they are called for the return trip within twenty­four hours after arrival at the terminal. Provisions of Rule 19 will apply.

(d) Where no extra brakeman with a passenger uniform is available, the senior available regular freight brakeman with a passenger uniform will be called and used. The following will govern availability of such regular freight brakeman:

Where a regular freight brakeman, qualified for passenger service, has been called for freight service but not yet on duty, a reasonable effort will be made to give him the call for such passenger service. If called for freight service and brakeman has gone on duty in such service when the call is placed for passenger brakeman, then he will not be considered available except in case of emergency.

Rule 10

Freight Cars in Passenger Trains.

Trainmen in regular passenger service required to handle freight cars over the district or any portion thereof, will be paid freight rates for the entire trip in which case the passenger pay for that trip will be deducted from the monthly guarantee. This rule not to work as a reduction below the regular passenger rate.

When it is desired to handle freight shipments, moving on freight billing under freight tariff, upon trains assigned or run as passenger trains, the following special rules will apply:

If such shipments are handled in cars not equipped for regular movements in passenger trains, the handling of such equipment constitutes a freight train movement. If such freight 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 rate 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 shall be paid through or local freight rates for the actual mileage over which the freight service is performed. Through service shall be understood to mean the handling of shipment on that in unbroken carloads; local service shall be understood to mean the handling of shipments loaded in 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, 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 passengers equipped cars which are returned empty, nor to the incidental return 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 15 (c).

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 through or local freight rates.

Rule 11

Assistant Conductors.

When assistant conductors or ticket collectors are used on passenger trains to assist regular conductors, conductors will be used, and they will be called in accordance with Rule 31(a).

Rule 12

Passenger Uniform Insignia.

Passenger trainmen s insignia consisting of badge and buttons will be furnished free. (See Appendix "H").

Rule 13

Brakemen Handling Mail Baggage Express.

Passenger brakemen required to handle large shipments of U. S. mail, baggage or express at stations where agents are on duty will be paid actual time at overtime rates for such work when time consumed at any one station is over five minutes. This allowance to be made in addition to monthly guarantee. (See Appendix "D").

Rule 14

Basic Rates of Pay (Eff. 10-1-55)

Per Per

Mile Day

Through Freight:

Conductors 15.91c $15.91

Brakemen 14.19c 14.19

Mixed:

Conductors 16.12c 16.12

Brakemen 14.33c 14.33

Local Freight:

Conductors 16.46c 16.46

Brakemen 14.66c 14.66

Work Train:

Conductors 16.13c 16.13

Brakemen 14.34c 14.34

Snow Service:

Conductors 16.58c 16.58

Brakemen 15.01c 15.01

Rule 15

Basic Day.

(a) In all road service, except passenger service, 100 miles or less, 8 hours or less (straight­away or turn­around), shall constitute a day's work. Miles in excess of 100 will be paid for at the mileage rates provided.

Overtime.

(b) On runs of 100 miles or less, overtime will begin at the expiration of 8 hours; on runs of over l00 miles overtime will begin when the time on duty exceeds the miles run divided by 12½. Overtime shall be paid for on the minute basis, at a rate per hour of three­sixteenths of the daily rate.

More Than One Class of Road Service.

(c) Road employees (Conductors and Trainmen) employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:

A. Payment

(1) Except as qualified by A­2 below, payment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to apply for the entire trip not less than a minimum day will be paid for the combined service.

(2) Road employees (Conductors and Trainmen) in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service.

The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.

Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to over time otherwise payable for hours required for the regular trip.

EXAMPLES FOR THE, APPLICATION OF THIS PARAGRAPH A­2 ARE:

(a) An employee in through freight service on a run of 100 miles is on duty a spread of 8 hours, including 2 hours of another class of road service--Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(b) An employee in through freight service on a run of 100 miles is on duty a spread of 9 hours, including 2 hours of another class of road service--Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 1 hour at pro rata rate and 1 hour at time and one­half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(c) An employee in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service--Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at time and one­half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(d) An employee in through freight service on a run of 100 miles is on duty a spread of 12 hours, including 2 hours of another class of road service--Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at time and one-half for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed

(e) An employee in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service employee will be paid 150 miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

B. This rule applies to:

(1) Unassigned and/or assigned road service.

(2) Another class of road service regardless of when notified, whether at time called, at the outset of, or during the tour of duty.

(3) Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.

C. This rule does not involve the combining of road with yard service nor modify or set aside:

(1) Lap­back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.

(2) Conversion rules.

(3) Terminal switching and/or special terminal allowance rules.

Rule 16

Guarantees.<

(a) Regularly assigned way freight, wreck, work, and construction trainmen who are ready for service the entire month and who do not lay off of their own accord will be guaranteed not less than 100 miles, or 8 hours, for each calendar working day, exclusive of overtime (this to include legal holidays). If, through Act of Providence, it is impossible to perform regular service, guarantee does not apply.

(b) Trainmen may also be used in any other service to complete guarantee when for any reason regular assignment is discontinued, but such service shall be paid for at schedule rates unless earnings from such rates would be less per day than would have been earned in regular assignment.

Rule 17

Beginning and Ending of Day.

(a) In all classes of service, other than passenger, trainmen's time will commence at the time they are required to report for duty, and shall continue until the time they are relieved from duty.

Short Turnaround Service.

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

(Interpretation No. 1, Supplement No. 25, General Order No. 27)

Question No. 104: Must the crew actually leave the terminal before the expiration of 8 hours?

Decision: No; but crews should not ordinarily be required to begin work on the second or succeeding trip when it is apparent that the departure from the terminal will be delayed beyond 8 hours from going on duty on initial trip.

Rule 18

Terminal Switching.

(a) Time consumed by freight or mixed train crews at terminals doing switching will be paid for in addition to pay for trip.

(b) Initial terminal delay shall be paid on a minute basis to Conductors and 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 one-eighth (1/8th) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.

NOTE: The phrase "train leaves the terminal' means when the train actually starts 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.

(c) 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.

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

Final Terminal Delay.

(e) Final terminal delay will begin thirty minutes from time engine reaches designated main track switch connection with yard track, and will be paid for on the minute basis. If total delay, including switching exceeds thirty minutes the entire time will be computed as final terminal delay. Where less than thirty minutes trainmen will be paid for actual time switching including taking engine to roundhouse.

(f) If road overtime has commenced, terminal overtime shall not apply, and road overtime will be paid to point of final relief.

(g) When final terminal delay accrues, mileage between designated switch 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.

(h) When the train reaches the final terminal before overtime commences calculated from the time of reporting for duty, the special payments will be allowed at the pro rata rates.

(i) If the train is not on overtime on arrival at the final terminal, but the overtime period commences before final release, special payments accruing at the final terminal up to the period when overtime commences will be allowed on the basis of the pro rata rates, but time thereafter shall be paid on the actual minute basis at three­sixteenths of the daily rate.

(j) Trainmen will be paid for actual time consumed in switching Spokane yard in addition to road time. No payment to be made in case of break­in­two or delay not connected with switching service.

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

Example No. 1:

Required to report at A, 7 a.m.; leaves A at 7:15 a.m. and runs to B, 100 miles; arrives at B 2 p.m.; delayed at final terminal 1 hour 20 minutes; relieved at B 3:20p.m.

Compensation will be 100 miles plus 1 hour final delay at pro rata rates for period until overtime commences, and for the time thereafter 20 minutes final delay at 3/16 of the daily rate per hour.

Example No. 2:

Required to report at A, 7 a.m.; switches at A until 9 a.m.; leaves A at 9 a.m. and runs to B, 100 miles; relieved at B, 3 p.m.

Compensation 100 miles plus 2 hours' switching at pro rata rates.

Example No. 3:

Required to report at A, 7 a.m.; switches at A until 9 a.m.; leaves A at 9 a.m. and runs to B, 100 miles; relieved at B, 4 p.m.

Compensation--100 miles plus 2 hours' switching at pro rata rates, such allowance being greater than l hour overtime at one and one­half time.

Example No. 4

Required to report at A, 7 a.m.; switches at A until 9 a.m., leaves A at 9 a.m. and runs to B, 100 miles; relieved at B, 4:20 p.m.

Compensation Either 100 miles plus 2 hours' switching at pro rata rates or 100 miles and 1 hour 20 minutes road overtime at 3/16 of the daily rate per hour, because the money value of the former allowance and the money value of the road overtime at 3/16 of the daily rate are equal.

Example No. 5:

Required to report at A, 7 a.m.; switches at A until 9 a.m.; leaves A at 9 a.m. and runs to B, 100 miles; relieved at B, 5 p.m.

Compensation 100 miles plus 2 hours overtime at 3/ 16 of the daily rate per hour. In this case the money value of the road overtime at 3/16 of the daily rate exceeds the allowance of 2 hours' switching at pro rata rate.

Example No. 6:

Required to report at A, 7a.m.; switches until 9a.m., detained 30 minutes; leaves A 9:30a.m. and runs to B, 100 miles; arrives B, 4p.m.; switches B until 4:30p.m. and relieved at 4:30p.m.

Compensation 100 miles and 2 hours' initial switching at pro rata rate, and thirty (30) minutes final switching at 3/16 of the daily rate.

Example No. 7:

Required to report at A, 7a.m.; switches at A until 8a.m.; leaves A, 8a.m. and runs to B, 100 miles; arrives B 2p.m.; delayed B until 3p.m.; switches B, 3p.m. to 4p.m.

Compensation One hour switching at initial terminal at pro rata rate, 100 miles, 1 hour final terminal delay at pro rata rate and 1 hour overtime at 3/16 of the daily rate.

Rule 19

Held Away From Home Terminal.

(a) Conductors and Trainmen in pool freight and in unassigned service held at other than home terminal will be paid on the minute basis for the actual time so held after the expiration of sixteen hours from the time relieved from previous duty at a rate per hour of 1/8th of the daily rate paid them for the last service performed. If held sixteen hours after the expiration of the first twenty­four hour period from the time relieved, they will be paid for the actual time so held during the next succeeding eight hours, or until the end of the second twenty­four hour period, and similarly for each twenty­four hour period thereafter.

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

NOTE: When a conductor or trainman, while under pay under paragraph (a) of this rule, is called to deadhead on a freight train, and such train is delayed in departing terminal so that the service crew is paid for initial terminal delay under Rule 18, the deadhead crew will also be paid for initial terminal delay on the same basis. When called to deadhead on a passenger train, payment under paragraph (a) hereof, will continue until departure of train.

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

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

Rule 20

Employment of Brakemen.

(a) In the employment of brakemen, experienced men may be given preference, inexperienced men shall not hold rights over experienced men until they have been thirty (30) days in service, at which time they shall receive dates, retroactive to date of first pay trip.

(b) In the application of paragraph (a) when employing brakemen, men shall be considered as experienced if they can produce evidence of one year or more of service as a trainman on a Class A railroad.

Permanent Employment.

(c) The application of a trainman entering the service will be approved or rejected within 90 days. A trainman whose application is not rejected within 90 days will be considered permanently employed, unless it is later discovered that he entered service under an assumed name.

Furloughed Trainmen.

(d) Furloughed trainmen, who have been in service 90 days, 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.

Rule 21

Rights.

(a) Effective September 1, 1918, passenger brakemen ln service on S.P.&S. Ry. take rights as freight brakemen in the order in which they rank as passenger brakemen. They will follow and be junior men to freight brakemen who are in freight service on September 1, 1918; freight brakemen to take rights in passenger service in like manner, following and as Junior men to brakemen who are in passenger service on September 1, 1918, except that passenger brakemen on S.P.&S. Ry. in service three years or more prior to September 1, 1918, will be given six months' rights in freight service on that date, and brakemen in freight service three years or more prior to September service on that date.

(b) All brakemen entering the service will hold equal rights as freight and passenger brakemen.

(c) Passenger brakemen on Oregon Electric Ry and former United Rys. will hold equal rights in freight service; and freight brakemen, vice versa.

(d) Seniority rights will be confined to operating divisions as follows:

lst: Vancouver Division, Portland to Spokane, including branches and the Oregon Trunk Railway.

2nd: Portland Division, Portland to Seaside, including branches.

3rd: Oregon Electric Railway, including branches, and former United Railways.

(e) Yardmen employed at Vancouver and SP&S Portland Yard will hold no rights in road service and trainmen will hold no rights in yard service in these yards, nor can they exchange such rights.

(f) Personnel for switching assignments at Wishram and Bend shall be selected from the roster of road conductors and road brakemen who hold seniority on the Vancouver Division of the SP&S Ry. (Appendix "T")

(g) Switching assignments on Oregon Electric and former United Railways will be manned by road conductors and road brakemen holding seniority on the Oregon Electric seniority district.

(h) Trainman holding seniority on Portland (Astoria) Division S.P.&S. Ry. will hold rights in yard service at Astoria and St. Helens, and yardmen holding seniority rights at Astoria and St. Helens will hold rights in road service on Portland (Astoria) Division S.P.&S. Ry., to the extent provided in letter agreement dated December 20, 1946. (Appendices "R" and "R-1").

(i) Provisions of this schedule which have for their purpose the preservation of seniority rights established by this rule shall apply to trainmen whether working in train or switching service.

Rule 22

Promotion.

(a) Brakemen will be promoted with reference to the following:

First: Fitness for promotion.

Second: Previous record for faithful service.

Third: Length of service.

Rights of brakemen shall date from time of first service.

Rights of conductors hired will begin from date of first service.

Rights of conductors promoted will begin from date on which they are promoted to conductor.

Seniority rights to be confined to operating divisions.

Brakemen with at least two years' experience in freight service, on a railroad operated under standard operating rules, will be in line for promotion to freight conductors, six months of such freight experience to be immediately prior to date of promotion. For every two brakemen so promoted, one conductor (with at least two years actual experience as a conductor on a railroad operated under standard operating rules) may be hired. When hiring conductors under this rule, conductors in service will be given reference, in accordance with their seniority in service. 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.

(b) Trainmen not promoted according to seniority shall be given a reason in writing, provided it is requested in writing.

(c) A brakeman refusing promotion to conductor in his turn without just cause will rank behind all other brakemen promoted in the next class provided he desires promotion in that class. "Just cause" means sickness or other cause beyond his control.

Rule 23

Construction of New Lines.

Trainmen used in construction of new lines by these h roads will be taken from the seniority district from which the new line diverges; same rates and rules

Rule 24

Seniority Rosters.

Seniority rosters will be revised semi­annually, General Local Chairmen of the Order of Railway Conductors and Brakemen to be provided with a copy.

Rule 25

Extra Service by Regular Men.

(a) Trainmen with regular runs shall not be taken off their runs for extra service if extra men are available.

(b) Trainmen will not be used off their own seniority division as outlined in Rule 21, nor will employees of foreign roads be called for service on these lines if trainmen holding rights on the district on which service is to be performed are available.

Extra Service Away from Home Terminal.

(c) Except as otherwise provided, when a vacancy occurs at an away from home terminal and there is insufficient time to deadhead a brakeman from the extra list, the vacancy shall be filled by the senior brakeman in the first out pool freight crew at such terminal. The senior brakeman so used shall have no guarantee of earnings under Rule 55(b) .

(d) In case of lack of force on one seniority division and a surplus on another, trainmen may be transferred temporarily and shall not lose rights on the original seniority division, provided, they return within six months. Such men will have the privilege of returning before the force on the original seniority division is otherwise increased; if permanently transferred, I will rank as new men from the date of temporary transfer.

Rule 26

Bulletins

(a) All runs shall be bulletined for seven (7) days, as soon as they are created or become vacant, and the oldest trainmen in point of service bidding for same shall be assigned within five days of expiration of bulletin. Rights of trainmen to preference of runs will be governed by seniority in the service of these railroads. This rule applies to work train, extra and special service, maintained for a period of fifteen days or more.

(b) If a trainman is senior bidder on a bulletined assignment and does not withdraw his bid prior to expiration of the bulletin, he must either accept the assignment or go to the extra list.

(c) General chairman and local chairman will be furnished copies of all bulletins.

(d) Bulletins which advertise new runs or vacancies in accordance with paragraph (a), will include information as to: nature of service, territorial limits of assignment, on duty time, layover days, layover point, home terminal. Bulletins for pool or irregular freight service will not include (1) on duty time, or (2) layover day.

(e) Trainmen brought on duty in advance of time specified in bulletin of assignment will be allowed l00 miles at their regular rates for each time so used, in addition to the earnings of their assignment, except as provided in paragraph (f).

(f) It is understood that in isolated instances, trainmen may be called on duty in advance of their bulletined on duty time, without penalty, (1) if requirements of the service justify it, in which case the concurrence of the ORCB will be requested; or (2) if trainmen on the particular assignment request it.

(g) In assigned regular road service where employees report for duty without being called, and it is desired on any day to defer the reporting time, advance notice shall be given not less than the usual advance calling time for reporting for duty at each terminal and in accordance with usual calling practices at such terminal. The employee shall be notified at such time when he is to report and only one such deferment may be made. In such cases the time of the trip or tour of duty shall begin at the time the employe is required in accordance with said notice of change to report for duty and does so report. If not so notified, the reporting time shall be as provided in the assignment.

Where employees are called for pool or irregular service, existing rules or practices are not changed or affected by this paragraph (g).

Notice under this paragraph is not required if crew is brought on duty later than time specified in bulletin due to application of Hours of Service Law.

If, due to application of hours of service law, a regularly assigned crew is brought on duty after the midnight hour at its away from home terminal, no penalty is due for loss of calendar day, unless the intervention of the midnight hour causes such crew to come on duty on its assigned layover day.

(h) Trainmen required to go beyond limits of assignment will be allowed 100 miles at the rate of the service performed for each time so used, in addition to the earnings of their assignment.

Rule 27

Refusing or Vacating Runs.

Trainmen refusing a run open to their choice, or vacating a run, cannot thereafter claim the run refused or vacated, except that it again be vacated or in case they are thereafter deprived of a run which they held.

Rule 28

Permanent Vacancies.

When a regular assigned run becomes vacant through a definitely arranged for leave of absence of 45 days or more or when, for any reason other than a leave of absence of 45 days or more, a regular assigned run has been vacant for a period of 30 days or more, it will be considered permanently vacated and the run will be bulletined and assigned in accordance with Rule 26, Trainmen's Schedule.

Trainmen, whose runs have been bulletined for the above reasons will, when they return to service, be permitted to exercise their seniority in accordance with Rule 30, Trainmen's Schedule, and take any run on, the division held by trainmen their junior in seniority, except that should a trainman, on leave of absence of 45 days or more, return to service before the expiration of 30 days, he will be required to return to the run which he vacated and other trainmen, who have vacated runs in connection with this particular vacancy, will also be required to return to the runs which they vacated in connection therewith.

Rule 29

Change in Runs.

When terminal or layover day is changed, or when leaving or arriving time of any run is changed three hours or more or when assigned mileage is increased or decreased to the extent of four hundred miles per month, it will be considered sufficient cause to bulletin run.

Rule 30

Displacement Rights.

(a) A trainman losing his regular assignment by reason of its having been discontinued, or having it taken by a senior trainman, or his having been absent therefrom more than 30 days shall be entitled to take any run on the division held by a junior trainman, including those open by bulletin. Such trainman exercising his seniority onto an assignment open by bulletin must make written application therefor. A run will be considered discontinued when changed sufficiently to cause it to be rebulletined.

(b) If, in case of sickness or leave of absence, or for any other reason, a trainman is unable to bid on runs open for bid, he will, on returning to duty, be entitled to exercise his seniority by displacing any trainman his junior holding such runs which have been bulletined during his absence.

(c) A trainman exercising his seniority in pool service will displace the youngest regularly assigned man; except that if there is an open vacancy he may exercise his seniority onto such vacancy.

(d) A trainman wishing to displace another trainman in accordance with these rules must exercise such right two hours or more prior to the on duty time of trainman to be displaced.

Rule 31

Extra Conductor Service.

(a) The senior rested conductor at terminals where passenger service originates, not holding a passenger conductor's assignment, and who is qualified and Service equipped for passenger service, will be called for extra passenger service.

(b) For other than extra passenger service, the senior rested demoted conductor at the point where vacancy occurs will be called. If there are no demoted conductors available at point where vacancy occurs, the senior rested demoted conductor at nearest point will be called.

(c) Demoted conductor accepting call under this rule will fill the vacancy unless and until displaced by a senior demoted conductor or until displaced under provisions of Rule 33.

Interpretations:

(1) Demoted conductors must either hold a regular assignment as brakeman or place themselves on the brakemen's extra board before they will be allowed to exercise their seniority as extra conductors under this rule.

(2) For the purposes of section (a) Portland and Vancouver will be considered one terminal.

(3) Demoted conductors ordered to deadhead on a specific train will not be considered available for extra conductor service until the arrival of that train unless there are no other demoted conductors available.

(4) Unassigned service created at other than the home terminal will be filled by the oldest available conductor from the home terminal of the district such assignment is to work on.

(5) Demoted conductors cannot voluntarily deadhead on their own time for the purpose of making themselves available at another point for extra conductor service.

(6) A conductor in unassigned work train service will, after arrival at his away­from­home terminal, be considered available for further extra conductor service, after his legal rest period in accordance with his seniority; provided he has not elected to deadhead to his home terminal.

Rule 32

Extra Brakemen.

(a) Extra brakemen will work first­in, first­out at terminals where extra boards are maintained. After seven days vacancy may be filled by senior extra brakeman applying therefor, or it may be filled under provisions of Rule 33.

An extra brakeman, accepting call for temporary vacancy at point where extra list is not maintained shall hold such vacancy until the regular man returns, not, however, to exceed ten days if a senior extra brakeman displaces him, or if displaced under provisions of Rule 33.

It is understood that the first extra brakeman catching vacancy at outlying point may request relief at expiration of fifteen days; except that a brakeman filling a vacation vacancy cannot request and be granted relief before the expiration of the paid vacation period. No deadhead payment will be made to brakemen requesting relief under this paragraph.

(b) It is not intended that a new vacancy is created in the event a regular man marks up for his assignment and for some reason does not go out on the next trip.

In the event the regularly assigned man marks up but does not go out the next trip, the extra man previously filling the vacancy will be returned to it providing he is available and rested on the extra list. In the event the extra man previously filling the vacancy is not available and rested on the extra list, seniority will govern as to subsequent filling of the vacancy.

(c) Division officers of the Company and local chairman will cooperate in keeping brakemen's extra boards on the respective districts reduced so that extra brakemen may earn the equivalent of 2600 freight miles per month.

Rule 33

Temporary Vacancies.

(a) When it is definitely known that a regular assignment in any class of service is to be temporarily vacant for a period of five days or more or when a regular assignment has been vacant for a period of five days, the senior regularly assigned trainman making application for same in writing, up to twelve o'clock noon on the seventh day of such vacancy will be assigned thereto within five days after expiration of the first five days' vacancy.

(b) A trainman accepting a temporary vacancy under this rule will fill such vacancy until the regularly assigned man returns to service, when he will return to his regular assignment, except that he may displace a junior trainman filling a temporary vacancy which has existed for more than seven days.

Interpretations:

(1) A trainman cannot voluntarily relinquish a temporary vacancy he is filling under provisions of this rule.

(2) A trainman can make an effective bid on a bulletined vacancy under Rule 26 while filling a temporary vacancy under this Rule 33, but he may not take service on the bulletined assignment until he has been relieved from the temporary vacancy in the manner provided in paragraph (b).

(3) A trainman displaced from his regular assignment while filling a temporary vacancy under this rule must remain on the temporary vacancy until he is relieved in accordance with paragraph (b) hereof.

(4) Paragraph (a) hereof does not contemplate that a second temporary vacancy will be created when a trainman lays off while filling a temporary vacancy under this rule.

(5) A regularly assigned conductor who accepts a temporary vacancy on a brakeman's assignment under this rule assumes the status of a demoted conductor for purposes of Rule 31 while filling such temporary vacancy.

(6) A trainman must actually hold a regular assignment before he can make an effective bid for a temporary vacancy under this rule.

(7) A trainman assigned to pool freight service will not be permitted to exercise seniority onto a temporary vacancy in the same pool.

(c) Should a trainman be absent from his assignment for any reason and at intervals is marked back on his assignment, but performs no service thereon, such mark up shall not be considered to have broken the continuity of the temporary vacancy.

Interpretation:

A trainman filling a temporary vacancy under the provisions of Rule 33 will be removed from the temporary vacancy when the regular man reports for work, with the understanding that if the regular man does not actually protect the assignment the next tour of duty and the trainman who had filled the temporary vacancy is rested and available for service, he will be returned to it.

If temporary vacancy exists at an outside point and trainman deadheads to his terminal after being removed from the vacancy and then deadheads back to the same vacancy in the circumstances described above, no deadhead payment will be made.

It is understood that unless the regular man after reporting for work actually returns to service, the man filling the temporary vacancy is not relieved so as to entitle him to deadhead payment to his home terminal.

If he accepts other service and is not available for service when the assignment next goes to work, he relinquishes right to the temporary vacancy.

Rule 34

Leave of Absence.

(a) Trainmen will be granted leave of absence and transportation, without unnecessary delay, to serve on committees representing the trainmen of these railroads. Foreign line transportation will be limited to those railroads that furnish free exchange transportation to employees of this carrier in such circumstances. Other leaves of absence will not be granted for a longer period than six months, except in case of sickness, injury or force reduction.

(b) In case a trainman is promoted to an official position with the railroads or the organizations, he will be considered in the service of the railroad as to his rank and rights of promotion and will retain the same rank that he would have gained if in actual service.

(c) Leaves of absence in excess of 30 days must be requested in writing and approved by Superintendent.

Rule 35

Military Service.

Trainmen, who have been in service 90 days, entering military service of the United States will be service granted leaves of absence, will retain full seniority, and on their discharge from military service will be governed by the provisions of the Universal Military Training and Service Act. (See Appendix "Y").

Rule 36

Service Letters.

Service letters will, upon request, be promptly furnished all trainmen who have been in the service sixty (60) days or more and are leaving the employ of the railroad. Copies of letters of recommendation will be filed with personal records of trainmen, and originals will be returned after the trainmen enter service.

Rule 37

Passes.

Trainmen in service one year or more will be furnished with annual passes good over the system lines, and after five years annual passes will be furnished trainmen's families good over the system lines.

Rule 38

Not Pay Fines.

Trainmen will not be required to pay fines on account of damage to equipment or freight while in transit.

Rule 39

Extra Compensation.Extra Compensation.

(a) A trainman required to perform the duties of baggageman in addition to his other duties, will be paid an additional allowance of $16.80 per month.

(b) When a trainman acts as foreman in other than train or yard service, under instructions from Superintendent, he shall receive $2.00 per day in addition to regular rates allowed.

Rule 40

Not Load Drawbars.Not Load Drawbars.

(a) Trainmen will not be required to load drawbars, except at stations when billed as freight, or to chain up or remove chains from double loads.

Not Couple Hoses.

(b) It will not be the duty of trainmen to couple air hose, steam hose, test air, or close car doors, at terminals where carmen are employed and on duty.

Not Service Engines.Not Service Engines.

(c) Trainmen will not be required to service engines when other men are available. If required to service engines they will be paid actual time consumed.

This in addition to all other allowance for the trip.

Not Handle Cables, etc.Not Handle Cables, etc.

(d) It will not be the duty of trainmen to handle cables, side boards, side doors or aprons, or to operate weed burners or rail loaders.

Not Ride Snow Plows.Not Ride Snow Plows.

(e) Men will be provided to ride Russell plows and handle flangers and wings. It will not be the duty of trainmen to do this except in emergencies.

Rule 41

Supplying Cabooses.

(a) At terminals where carmen are employed, when supplies are needed for caboose, they will be put on by someone other than trainmen. This will not relieve conductor of duty of seeing that caboose is adequately supplied before leaving terminal.

Switching with Cabooses.

(b) Cabooses must not be switched with at terminals or unnecessarily handled, except to put them on with trains or take them off. Cabooses will be placed on caboose track with reasonable promptness after arrival at terminals.

Rule 42

Transportation.

When trainmen take run compelling them to change their home from one point to another, their families and household effects will be transported free where possible to do so by rail.

Rule 43

Shortage of Time.

When time of trainmen is short, time check to cover shortage will be issued on request, if shortage amounts to a basic day or more.

Rule 44

Complaints Against Trainmen.

Any complaint against a trainman by another employee must be made in writing to receive consideration; all papers shall be open for inspection.

Rule 45

Meals.

Freight trainmen will be allowed to eat as nearly as possible at the expiration of every six hours, provided they notify the train dispatcher, and if they do not absent themselves from their trains over 30 minutes they will receive continuous time. Passenger and opposing symbol freight trains not to be delayed, unless authorized by dispatcher.

RULE 46

Using Retainers.

Trainmen will be allowed double mileage over the portion of track where they are required to ride out, using retainers or hand brakes on mountain grades to assist in holding train. Under this rule crews will be paid as a unit. Double mileage under this rule will be paid as an arbitrary allowance.

Rule 47

Doubleheading

(a) With trains of over 40 cars, exclusive of cabooses, doubleheading is prohibited, except as hereinafter stated;

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

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

(d) For the purpose of enforcing section (a) of this rule, double mileage will be allowed for the actual mileage doubleheaded when same is violated.

Rule 48

Short Cars

So far as practicable short cars shall be placed on the head end of trains out of terminals in station order.

NOTE: Trains will not be started out of division terminals, with cars mixed, with the intention of having the switching done at intermediate stations in order to avoid paying for switching at terminals.

A train crew, called for through freight service and required to perform switching at an intermediate station because of improper blocking of short cars at the initial terminal, will be paid for time actually so consumed at through freight rates in addition to all other allowances for the trip.

Rule 49

Loading and Unloading L.C.L. Freight.

At Portland, Spokane, Vancouver, Astoria, Eugene, Albany and Salem, l.c.l. shipments in excess of 5,000 pounds, destined to any point where there are side track facilities, will be loaded in a set out car and the train crew not required to unload. Crews will not be required to load more than 5,000 pounds of freight (except perishable) at agency stations.

Rule 50

Calling of Crews.

At terminals, trainmen will be called within one mile of register office. Trainmen will designate the place they are to be called in a book kept for that purpose at register points.

When trainmen have telephones, they will be called by phone, regardless of distance.

Trainmen will be called as nearly as practicable one hour and fifteen minutes in advance of time for which ordered to report.

Trainmen may be required to sign for calls.

When the location of a register office or other calling point at a terminal is changed, trainmen residing within one mile of such register office or calling point at the time of change, will be considered as within the calling limit.

Rule 51

Laying Off and Reporting for Duty.

(a) When trainmen lay off, they will do so at their home terminal.

(b) A regularly assigned trainman who lays off will not be considered available for any service, except in emergency, until the expiration of twelve hours from time of lay­off or until his regular car returns so the home terminal, whichever occurs first.

The preceding paragraph does not apply to senior freight conductor who desires to lay off his assignment to accept subsequent service as extra passenger conductor.

An extra trainman who lays off will not be considered available for any service, except in emergency, until the expiration of twelve hours from time of lay off.

An extra trainman who misses a call will be marked to the bottom of the extra board and will not be considered available for subsequent service until after the expiration of 12 hours.

A trainman who is laying off must report for duty within six hours from the time the trainman to be displaced has been relieved from duty; except that a trainman who lays off from an outlying assignment must report for duty before the trainman to be relieved arrives at point of relief.

Rule 52

Service on Layover Days.

Trainmen assigned to regular runs with layover days, will be notified if required for service on layover days. If no notice is received, on arrival at tie-up point, they may absent themselves until time for their regular run. If notified and not used, will be paid a minimum day.

Rule 53

Runarounds.

A trainman or trainmen not called in turn will be paid 100 miles for each runaround at the rate of the service for which they should have been called and will retain their relative first out status.

When no trainmen are called for an existing vacancy or vacancies, the trainman or trainmen who stood to be called for such vacancy or vacancies will be paid the miles he or they would have made if called for such assignment or assignments, plus 100 miles at the rate of the assignment.

Crews in pool freight service will be run first in, first out of terminals on the district to which they are assigned. For the purpose of this rule, a set­up crew in pool freight service assumes the same status as an assigned pool crew, and an extra trainman filling a vacancy in pool freight service assumes the same status as the regular man he is relieving.

A pool freight crew that is not called in turn, or that is runaround at terminal, will be paid 100 miles for each runaround and remain first out.

In case of a wreck call necessitating the immediate use of the wrecker, the first available trainmen may be used, in which event trainmen so run around will not be allowed compensation under this rule.

Rule 54

Automatic Release.

Except as otherwise provided, trainmen arriving at terminals are automatically released unless required to do terminal work.

Rule 55

Held From Service.

(a) When one or more members of a train crew are taken for some particular service and the remaining members are required to lay at terminals, they shall be paid not less than their regular run would have paid them. Under this rule, trainmen in extra or irregular service will be paid not less than one day for each calendar day so held.

(b) When trainmen are held from their runs or service (except as per Rule 16(a), their pay until they return to their runs or service shall nol: be less than it would have been had such an interruption to their regular work not occurred.

Rule 56

Experienced Brakemen on Way Freight.

Inexperienced brakemen, those having had less than six months actual service, will not be sent out on way freight trains when experienced brakemen are available on extra list. Extra men run around under this rule will not be paid therefor.

Rule 57

Work Train Service.

(a) Trainmen called for work train service will, when called, be notified of the approximate duration of the job.

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

Rule 58

Called and Not Used.

When trainmen are called and report for service, they shall receive not less than 8 hours' pay unless such call is annulled before the expiration of four (4) hours, in which event they shall receive four (4) hours' pay and continue to stand first out. If such call is annulled after four (4) hours, and before the expiration of eight (8) hours, they shall receive eight (8) hours' pay and thereafter stand last out. If such call is not annulled until after eight (8) hours, they shall receive payment for all time so held, as per schedule rules, and thereafter stand last out.

Interpretations:

1. Trainman called at home at 1:00a.m. for service at 2:15a.m. At 1:30a.m. train is annulled and trainman called at 1:35a.m. before leaving home, and told that train is annulled.

No payment.

2. Trainman called at 1:00a.m. for service at 2:15a.m. Reports and waits for arrival of train called for, and, at 5:45a.m. is informed train is annulled due to derailment.

Trainman will be allowed 50 miles and stand first out.

Rule 59

Assigned Crews Delayed.

When assigned crews 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 first out in order to enable them to reach their proper terminals in time to bring out their regular runs without loss of time.

Rule 60

Deadheading

(a) Trainmen first out will deadhead and will stand first out ahead of trainmen running train.

(b) Trainmen will be allowed actual time for deadheading, either miles or hours, whichever is the greater; when no other service is performed on same day a minimum of one day will be allowed (except as provided in Sections (d) and (e).

(c) When called to deadhead in connection with service trip, they will be paid continuously, miles or hours, whichever is the greater, for the combined service and deadhead trip at the rate for the class of serv ice called to perform, except that when tied up between the deadhead and service trip they will be paid a minimum of one day for each call.

(d) Trainmen deadheading when exercising their seniority will not be paid therefor, but men required to deadhead account displaced by senior men exercising seniority will be paid actual miles or hours, whichever is the greater, with a minimum of one­half day's pay.

(e) Extra men required to deadhead in relieving regular men who are laying off of their own accord will be paid actual miles or hours, whichever is the greater, with a minimum of one­half day for each deadhead trip in connection with the relief, except as per Section (c).

(f) Trainmen required to deadhead to relieve other trainmen account sickness and all deadheading except as outlined in Sections (c), (d), (e), (g) and (h) will be paid miles or hours, whichever is the greater, with a minimum of one day.

(g) When an assignment is discontinued leaving trainmen away from district terminal, trainmen will be paid for deadheading to next point of service; or to district terminal when necessary to report to such terminal to exercise seniority. Brakemen returning to extra board at district terminal after their assignment is discontinued will be paid for deadheading to such terminal. Such deadhead payments will be made per paragraphs (b) and (c) of this rule.

(h) When an assignment is bulletined to commence service at the district terminal where extra board is maintained for that district, no deadheading in connection with such assignment will be paid for. When an assignment is bulletined to commence service at other than such district terminal, the first trainmen sent to such outlying point will be paid deadheading either from such district terminal or from point of last service, unless service is furnished to such outlying point in lieu of deadheading. No further deadhead will be paid to either the successful bidder or to another senior trainman exercising seniority onto the assignment. Deadhead payments under this paragraph will be made as per paragraphs (b) and (c) of this rule.

Rule 61

Hour of Service.

(a) When trainmen are tied up between terminals where there is no place in which trainmen can eat and sleep, they will be paid continuous time for the time held at pro rata schedule rate.

(b) Crews shall not be tied up between terminals for the purpose of avoiding overtime. In case of delay due to wreck, washout or snow blockade, they shall be paid for the first eight hours so held in addition to time or miles made that day and for succeeding calendar day, will be allowed not less than one hundred miles.

(c) Under the laws limiting the hours of duty crews in road service will not be tied up unless it is apparent that trip cannot be completed within the lawful time and not the, if handling conditions will permit, until after the expiration of fourteen hours on duty under Federal Law, or within two hours of the time limit provided by the State Laws, if states laws govern.

(d) If road crews are tied up in a less number of hours than as per Section (c) of this rule, they shall not be regarded as having been tied up under the law, and will be paid for additional service as per Section (b) of this rule.

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

(f) A continuous trip will cover movement straight­away or turn­around, from initial point to the destination train is making when ordered to tie up, if any change is made in the destination after the crew is released for rest, a new trip will commence when the crew resumes duty.

(g) Trainmen n train service tied up under the law will be paid continuous time from initial point to tie-up point. When they resume duty on continuous trip, they will be paid from tie-up point to terminal on the following basis: For fifty (50) miles, or less, or four (4) hours or less, one-half day: for more than fifty (50) miles, or more than four (4) hours actual miles or hours, whichever is the greater, with a minimum of one day; it is understood that this does not permit running crews through terminals unless such practice is permitted under the pay schedule.

(h) Road crews, tied up for rest under the law and then towed or deadheaded into terminal with or without engine or caboose, will be paid miles or hours, whichever is the greater from tie­up point to the next tie­up point, or to the terminal.

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

Rule 62

Pilots.

(a) Competent pilots will be furnished for each light engine or foreign train operated over the railroads parties to this Agreement. (See Appendix "B").

(b) Trainmen acting as pilots will be paid through freight conductors' rates.

Rule 63

Conversion Rule.

(a ) Trainmen required to do station switching will be paid local freight rates.

(b) Trainmen required to load or unload freight or pick up and/or set out at more than two points will be paid local freight rates. Picking up or setting out cars when cars are not placed for loading or unloading will not be considered station switching. The following shall not be considered picking up and/or setting out cars for the purpose of this rule.

(1) Setting out defective cars

(2) Doubling hills.

(3) Picking up cars at first point or setting out cars at last point at which cars are picked up or set out respectively, within the initial or final terminal.

(4) Setting out or picking up cars (but not setting out or picking Up at the same point) for the purpose of adjusting the tonnage of the trains to established engine ratings.

NOTE: For the purposes of this rule, the handling of way freight or the setting out and/or picking up of cars will be additive.

EXAMPLE: Picking up and/or setting out cars at one point and the loading or unloading of freight at two points, or vice versa, will constitute conversion.

Rule 64

Side or Lap-back Trip

(a) When trainmen are required to make a side or lap­back trip between the terminals of their run, they will be paid therefor actual time or miles, whichever is the greater, at the pro­rata rate, independent of and in addition to compensation for the regular road trip, with deduction of time not attributable to the lap back or side trip. 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. Side (or lap­back) trips in excess of fifteen miles, except in case of emergency, will require payment of a minimum of 100 miles.

(b) Side or lap­back trips may not be made part of a regular assignment except by mutual agreement of the parties signatory hereto.

Doubling Hills

(c) Crews doubling hills will be paid miles or hours at pro rata rate, whichever is greater, in addition to all other allowance for the regular road trip.

(d) 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 65

Time Limit on Claims

(a) All time slips must me presented in writing, by or on behalf of employee or employees involved, within sixty (60) days from date of occurrence on which claim is based, and if not so presented, are barred.

(b) Should any such time slip be disallowed, the Superintendent shall, within sixty (60) days from date same is filed, notify the employee or his representative in writing the reason for such disallowance. If the provisions of this paragraph are not complied with the time slip will be allowed.

(c) If a disallowed time slip is to be progressed as a claim the Local Chairman shall, within sixty (60) days of receipt of declination notice, advise the Superintendent in writing his reason for rejecting his decision, furnishing a statement of facts as he understands them. If the provisions of this paragraph are not complied with the claim will be considered abandoned.

(d) Should any such claim be disallowed the Superintendent shall, within sixty (60) days of receipt of notice that his decision is rejected, advise the Local Chairman in writing his reason for disallowing the claim, furnishing a statement of facts as he understands them. If the provisions of this paragraph are not complied with, the claim will be allowed.

(e) If the Superintendent's decision is to be appealed, the Local Chairman shall so notify the Superintendent in writing within thirty (30) days of receipt of such decision; and the appeal shall be made in writing by the General Chairman to the General Manager within ninety (90) days of receipt of Superintendent's decision. If the provisions of this paragraph are not complied with, the claim will be considered abandoned.

(f) If such claim is declined on appeal, the General Manager shall so notify the General Chairman in writing within ninety (90) days of receipt of written appeal. If the provisions of this paragraph are not complied with, the claim will be allowed.

(g) All rights of a claimant involved in continuing alleged violations of agreement shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence or tour of duty up to the time when such claim is disallowed by the Superintendent.

(h) Decision by the General Manager shall be final and binding unless within sixty days after written notice of his decision, he is notified that his decision is not accepted. Decision by the highest officer designated by the carrier to handle claims shall be final and binding unless within one 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.

(i) Failure to comply with the time limits specified in the foregoing paragraphs of this rule shall not be considered as a precedent or waiver of the contentions of either party as to other similar claims.

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

Rule 66

Attending Court or Inquest.Attending Court or Inquest.

When trainmen are required to attend court or inquest, and such service is performed during layover or relief periods, they will be paid a minimum day at the rate for class of service last performed for each calendar date. If such service is performed at a time that will cause trainmen to lose time from their runs, they will be paid the earnings of their assignment but not less than a minimum day for each calendar date. When called upon to leave home, all necessary and reasonable expenses will be paid. Witness fees will be assigned to the Railway Company.

Statements to Claim Agents, etc.Statements to Claim Agents, etc.

Trainmen required to give statements to claim agents, or other analogous service at the request of the company during their layover or relief periods, will be paid for the actual time consumed at pro rata rate.

It is understood that claim agents may call on trainmen at their residences to secure statements or depositions without payment of compensation allowance herein provided.

Rule 67

Investigations

A trainman, who has been in service more than 90 days, will not be dismissed, disciplined or given record suspension without a fair and impartial investigation, unless waiver of such investigation is submitted in writing to the investigating officer.

Notice of such investigation, stating the known circumstances involved, charges, time and place at which investigation is to be held, shall be given to each employee in writing within 10 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 10 calendar days of such notice, unless reasonable postponement has been requested by either the company or the employee.

Investigation will be held as far as practicable, at the home terminal of the employee involved, and at such time and place as will cause him a minimum loss of time or rest.

At the investigation the accused employee may be represented by an employee or employees of his choice. He may present such testimony as he may desire, and may be present and hear all testimony submitted at the investigation.

A transcript will be made of all statements, reports and information made a matter of record at the investigation. A copy of such transcript will be furnished on request to the employee or his representative.

A decision will be rendered and any employee held responsible will be notified in writing of such decision within 15 calendar days after completion of investigation.

If decision results in suspension or dismissal, it shall become effective as promptly as necessary relief can be furnished, but in no case more than ten (l0) calendar days after notice of such decision to the employee. If not made effective within ten (10) calendar days, or if the employee is called back to service prior to completion of suspension period, any unserved portion of such suspension will be cancelled.

An employee dissatisfied with decision, may appeal such decision and progress such appeal through the same channels and in the same manner as provided for in the time limit on claims rule.

Any trainman having been dismissed from the service of these railroads retains his seniority rights during investigation and appeal of his case, and if reinstated he will be returned to service in accordance with his former seniority.

A trainman may be held out of service pending investigation. If such trainman is found guiltless, he shall be paid the mileage made by his regular assignment, or in the case of a trainman not having a regular assignment, he will receive 8 hours' pay for each calendar day at through freight rate. If a trainman is discharged and he is later reinstated on appeal, he shall be paid for 8 hours per day at his regular rate for all time lost.

Rule 68

Pay for Attending Investigations

A trainman requested by the Company to attend an investigation, at his home terminal or layover point, during his layover period, either as a witness or if he is accused and found guiltless, will be paid at the pro-rata through freight rate for the time actually attending investigation not to exceed one day and with a minimum of one hour.

If an employee is requested by the Company to attend an investigation at other than his home terminal or layover point, either as a witness or if he is accused and found guiltless, he will be paid for actual miles deadheaded, plus actual time attending the investigation, with the understanding that the total payment for deadheading and attending investigation will not exceed a minimum day's pay for each calendar day.

If necessary for such employee to pay for transportation to get to point where investigation is held, he will be reimbursed for such expense.

Witnesses summoned by employees will not be entitled to any payment under this rule or under Rule 55(b).

Rule 69

Emergency Use of Yardmen in Road Service.

Where regularly assigned to perform service within switching limits, yardmen shall not be used in road service when road crews are available, except in case of emergency.

Signed at Portland, Oregon this 8th day of November, 1955.

FOR SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY

OREGON TRUNK RAILWAY

OREGON ELECTRIC RAILWAY COMPANY

E. H. SHOWALTER,

General Manager.

FOR ORDER OF RAILWAY CONDUCTORS

AND BRAKEMEN

S.W. HOLLIDAY, Chairman

General Committee of Adjustment

Approved:

M. J. GATES, Acting Vice President

This Vacation Agreement made this 29th day of April, 1949 by and between the participating carriers listed in Exhibits A, B and C, attached hereto and made a part hereof and represented by the Eastern, Western and Southeastern Carriers' Conference Committees, and the employees shown thereon and represented respectively by the BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, ORDER OF RAILWAY CONDUCTORS, BROTHERHOOD OF RAILROAD TRAINMEN, and the SWITCHMEN'S UNION OF NORTH AMERICA.

IT IS HEREBY AGREED:

Section 1(a) -- Effective July 1, 1949, each employee, subject to the scope of schedule agreements held by the organizations signatory hereto, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if, during the preceding calendar year, the employee renders service under schedule agreements held by the organizations signatory hereto amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules.

(b) Effective July 1, 1949, each employee, subject to the scope of schedule agreements held by the organizations signatory hereto, having five or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory hereto amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said five or more years of continuous service renders service of not less than eight hundred (800) basic days in miles or hours paid for as provided in individual schedules.

(c) In dining car service, for service performed on and after July 1, 1949--each seven and one­half (7½) hours paid for shall be considered the equivalent of one basic day in the application of Sections 1(a) and 1(b).

(d) Calendar days on which an employee assigned to an extra list is available for service and on which days he performs no service, not exceeding sixty (60) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on which an employee is absent from and unable to perform service because of injury received on duty will be included.

(e) Where an employee is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing eight hundred (800) basic days under Section 1(b).

(f) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1 except that service of an employee on his home road may be combined with service performed on other roads when the latter service is performed at the direction of the management of his home road or by virtue of the employee's seniority on his home road. Such service will not operate to relieve the home road of its responsibility under this agreement.

Section 2 -- Employees qualified under Section 1 hereof shall be paid for their vacation as follows:

(a) An employee receiving one week's vacation, or pay in lieu; thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employee, under schedule agreements held by the organizations signatory hereto, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(f)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than six (6) minimum basic days' pay at the rate of the last service rendered.

(b) An employee receiving two weeks' vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employee, under schedule agreements held by the organizations signatory hereto, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(f)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than twelve (12) minimum basic days' pay at the rate of the last service rendered.

Section 3 -- Vacations, or allowances therefor, under two or more schedules held by different organizations on the same carrier shall not be combined to create a vacation of more than the maximum number of days provided for in any such schedules.

Section 4 -- Time off on account of vacation will not be considered as time off account employee's own accord under any guarantee rules and will not be considered as breaking such guarantees.

Section 5 -- The absence of an employee on vacation with pay, as provided in this agreement, will not be considered as a vacancy, temporary, or otherwise, in applying the bulletin rules of schedule agreements.

Section 6 -- Vacations shall be taken between January 1st and December 31st, however, it is recognized that the exigencies of the service create practical difficulties in providing vacations in all instances. Due regard, consistent with requirements of the service, shall be given to the preference of the employee in his seniority order in the class of service in which engaged when granting vacations. Representatives of the carriers and of the employees will cooperate in arranging vacation periods, administering vacations and releasing employees when requirements of the service will permit. It is understood and agreed that vacationing employees will be paid their vacation allowances by the carriers as soon as possible after the vacation period but the parties recognize that there may be some delay in such payments. It is understood that in any event such employee will be paid his vacation allowance no later than the second succeeding payroll period following the date claim for vacation allowance is filed.

Section 7 (a) -- Vacations shall not be accumulated or carried over from one vacation year to another. However, to avoid loss of time by the employee at end of his vacation period, the number of vacation days at the request of the employee may be reduced in one year and adjusted in the next year.

(b) After the vacation begins layover days during the vacation period shall be counted as a part of the vacation.

Section 8 -- No vacation with pay, or payment in lieu thereof, will be due an employee whose employment relation with a carrier has terminated prior to the scheduled vacation period as provided in Section 6, except that employees retiring under the provisions of the Railroad Retirement Act shall receive payment for vacation due.

Section 9 -- The terms of this agreement shall not be construed to deprive any employee of such additional vacation days as he may be entitled to receive under any existing rule, understanding or custom, which additional vacation days shall be accorded under and in accordance with the terms of such existing rule, understanding or custom.

Section 10 -- Any dispute or controversy arising out of the interpretation or application of any of the provisions of this agreement will be handled on the property in the same manner as other disputes. If the dispute or controversy is not settled on the property and either the carrier or the organization desires that the dispute or controversy be handled further, it shall be referred by either party for decision to a committee, the carrier members of which shall be five members of the Carriers' Conference Committees signatory hereto, or their successors; and the employee members of which shall be the chief executives of the five organizations signatory hereto, or their representatives, or successors. It is agreed that the committee herein provided will meet between January 1 and June 30 and July 1 and December 31 of each year if any disputes or controversies have been filed for consideration. In event of failure to reach agreement the dispute or controversy shall be arbitrated in accordance with the Railway Labor Act, as amended, the arbitration being handled by such Committee. Interpretation or application agreed upon by such committee, or fixed by such arbitration, shall be final and binding as an interpretation or application of this agreement.

Section 11 -- This vacation agreement shall be construed as a separate agreement by and on behalf of each carrier party hereto, and its railroad employees represented by the respective organizations signatory hereto, and effective July 1, 1949 supersedes the Consolidated Uniform Vacation Agreement dated June 6, 1945, in so far as said agreement applies to and defines the rights and obligations of the carriers parties to this agreement and the employees of such carriers represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen and Switchmen's Union of North America.

An employee who has taken or is scheduled to commence his vacation during the year 1949 prior to July 1, 1949 shall not be entitled to the increased vacation nor to the vacation allowance provided for herein during the period July 1, 1949­December 31, 1949.

Section 12 -- This vacation agreement shall continue in effect until changed or modified in accordance with provisions of the Railway Labor Act, as amended.

Section 13 -- This agreement is subject to approval of courts with respect to carriers in hands of receivers or trustees.

Section 14 -- The parties hereto having in mind conditions which exist or may arise on individual carriers in making provisions for vacations with pay, agree that the duly authorized representative (General Chairman) of the employees, party to this agreement, and the officer designated by the carrier, may enter into additional written understandings to implement the purposes of this agreement, provided that such understandings shall not be inconsistent with this agreement.

SIGNED AT CHICAGO, ILLINOIS, THIS 29TH DAY OF APRIL, 1949.

For the participating carriers listed in Exhibit A:

For the employees represented by the participating labor organizations:

VACATIONS -- ARTICLE 3 (of Agreement dated February 10, 1954)

Effective January 1, 1954, Sections 1 and 2 of the Vacation Agreement, dated April 29, 1949, in so far as they apply to the employees represented by the Order of Railway Conductors, and Section 9 of Agreement "A" of May 23, 1952, between the parties signatory hereto, shall be eliminated and the following substituted therefor:

Section 1. (a) -- Effective July 1, 1949, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if, during the preceding calendar year, the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules.

(b) Effective July 1, 1949, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having five or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said five or more years of continuous service renders service of not less than eight hundred (800) basic days in miles or hours paid for as provided in individual schedules.

(c) Effective January 1, 1954, each employee, subject to the scope of schedule agreements held by the Order of Railway Conductors, having fifteen or more years of continuous service with employing carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said fifteen or more years of continuous service renders service of not less than twenty­four hundred (2400) basic days in miles or hours paid for as provided in individual schedules.

(d) In dining car service, for service performed on and after July 1, 1949--each seven and one­half (7½) hours paid for shall be considered the equivalent of one basic day in the application of Sections 1(a), 1(b) and 1(c).

(e) Calendar days on which an employee assigned to an extra list is available for service and on which days he performs no service, not exceeding sixty (60) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on which an employee is absent from and unable to perform service because of injury received on duty will be included.

(f) Where an employee is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing eight hundred (800) basic days under Section 1(b) and twenty-four hundred (2400) basic days under Section 1(c).

(g) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, except that service of an employee on his home road may be combined with service performed on other roads when the latter service is performed at the direction of the management of his home road o