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Form 2776 Std.
AGREEMENTWITH THEBrotherhood of Locomotive
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ARTICLE 1.(a) Engineers entering the service of the Company for the first time shall be employed by the Mechanical Superintendent or by his authority. Engineers' seniority will start with date of promotion or employment, as the case may be. On seniority districts where men are required to fire less than three years, all Engineers will be hired. If required to fire three years and less than four years, one promoted and one hired; If required to fire four years and less than five years, two promoted to one hired; If required to fire five years and less than six years, three promoted to one hired; If required to fire six years and less than seven years, four promoted to one hired: If required to fire seven years and less than eight years, five promoted to one hired. On seniority districts where men are required to fire eight years or more, all Engineers will be promoted. On seniority districts where the next Engineer is to be hired, the General Chairman of the Brotherhood of Locomotive Engineers will be so advised. Discharged Engineers who are reinstated with their former rights shall not be considered in the foregoing. (b) Engineers' seniority list shall be revised annually, and copies thereof shall be provided by the Mechanical Superintendent for the General Chairman and each Local Chairman. (c) If for any reason the senior eligible Fireman or Engineer to be hired is not available and junior qualified Fireman is promoted and used in actual service out of his turn, whatever standing the Junior Fireman so used establishes shall go to the credit of the senior eligible Fireman or Engineer to be hired, provided the Engineer to be hired is available and qualifies within thirty days. As soon as the senior Fireman or Engineer to be hired is available, as provided herein, he shall displace the junior Fireman, who shall drop back into whatever place he would have held had the senior Fireman to be promoted or Engineer to be hired been available and the junior Fireman not used.
NOTE: - Qualification, as referred to herein, is not intended to include learning of road or signals. (d) As soon as a Fireman is promoted or an Engineer hired he will be notified in writing by the proper official of the Company of the date of his promotion or employment, as the case may be, and unless he files a written protest within sixty days against such date he cannot thereafter have it changed. When the date of promotion of a Fireman, or the date of a hired Engineer or Fireman, has been established in accordance with regulations, such date shall be posted, and if not challenged in writing within sixty days after such posting, no protest against such date shall afterwards be heard. (e) The posting of notice of seniority rank, as per Section (d), shall be done within ten days following date of promotion or employment, and such notice shall be posted on all bulletin boards located on seniority district governed by his home terminal. (f) No demoted Engineer will be permitted to hold a run as Fireman on any seniority district while a junior Engineer is working on the Engineers' extra list or is holding a regular assignment as Engineer upon such seniority district, with the exception that vacancies for switch Engineers will be subject to bid on the part of any man whose name appears on the Engineers' seniority roster of the district affected, and the senior qualified man making application in writing for same will be assigned. The successful applicant will remain on such assignment until displaced by a senior Engineer who has lost his job through no fault of his own, or until he is assigned by application to another job to which his seniority may entitle him.
(See letter agreements of: July 7, 1947, No. 44, page 98, and July 7, 1947, No. 45, page 99.)
(g) If the Engineer to be hired is not available when needed and the senior qualified Fireman is promoted, the date of seniority thus established shall fix the standing of the hired Engineer, who, if available and qualified within thirty days from date senior qualified Fireman is promoted, will rank immediately ahead of the promoted Fireman. The promoted Fireman will retain his date of seniority as Engineer and will be counted in proportion of promotions.
(h) In case an Engineer is hired and used in actual service when, under requirements of Section (a), a Fireman (or Firemen) should have been promoted, the date of seniority thus established shall fix the standing of the senior qualified Fireman (or Firemen) due to be promoted, providing he or they are eligible and qualify within thirty days, who shall rank immediately ahead of the hired Engineer on the Engineers' seniority list. The hired Engineer will retain his date of seniority and be counted in proportion of Engineers to be hired. (i) Engineers hired, or permanently transferred from one seniority district to another, shall be given a date of seniority as Fireman corresponding with their date as Engineers.
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PREFERRED AND CHAIN GANG SERVICE.ARTICLE 2.(a) Passenger, mixed, local freight, work, or any other runs to which regular Engineers are assigned, shall be known as preferred runs. Passenger service will be governed by seniority rights in road service with system rights to govern; all other preferred runs will be governed by seniority rights in road service with home terminal rights to govern. Galveston home terminal will govern from Galveston to Bellville Yard, Houston and Matagorda Branches. Silsbee home terminal will govern the present Beaumont Division. Temple home terminal will govern from Temple to Bellville Yard, Temple to Cleburne jointly with Cleburne, Temple to Brownwood jointly with Brownwood. Cleburne home terminal will govern from Cleburne to Paris, also Honey Grove and Weatherford Branches, and jointly with Temple from Cleburne to Temple, also jointly with Gainesville from Cleburne to Gainesville. Gainesville home terminal will govern from Gainesville to Purcell, Shawnee, Sulphur, Lindsay and Ringling Branches, and jointly with Cleburne from Gainesville to Cleburne. Brownwood home terminal will govern from Brownwood to Sweetwater, San Angelo, Sterling City and Paint Rock Branches, and jointly with Temple from Brownwood to Temple. Branch runs that intersect joint districts will be governed by the home terminals of that district. (See letter agreements of: May 7, 1937, No. 8, page 69; August 26, 1937, No. 9, page 74; April 14, 1943, No. 10, page 76; July 21, 1945, No. 11, page 76; January 4, 1945, No. 19, page 81, and November 16, 1945, No. 25, page 84.) (b) Engineers in all preferred service will be entitled to go out on their runs with whatever engine is put on the run out of their terminals, except as provided for in Articles 5 and 8½. (c) In case of an epidemic, or of serious washouts, or any other such cause, requiring the Company to annul its regular trains, thereby affecting the Engineers holding preferred runs by reason of their seniority, after five days, such Engineers, if they so desire, shall have the privilege of taking other preferred runs, which they may be entitled to by seniority, but they must again return to their regularly assigned runs when the runs are resumed. The several Engineers changed in accordance with this Article will revert to their former runs or turns, or to runs or turns that had become vacant to which their seniority would entitle them, unless same had been taken by senior Engineers who had lost their run or turn through no fault of their own; it being understood that after a period of six months Engineers would not be required to revert (as specified above), but would be permitted to take anything their seniority would permit in any class of service, as per 3rd paragraph, Section (g) of this Article. (See letter agreement of August 8, 1939, No. 12, page 76.) (d) When a work train is discontinued for a period of seven days or less the Engineer may, if he so desires, go on the extra board and take the run back when again put on. In case the work train is discontinued for a longer period than seven days, he may take any run or turn out of his home terminal or governed by his home terminal rights if his seniority will permit. If he gives up the work train of his own volition, he will take a vacant turn, or the youngest man's turn. If he is displaced by a senior man, he will have a right to anything his seniority entitles him to in any class of service as per 3rd paragraph, Section (g) of this Article. (e) When the class of service is changed, or the mileage made on a run increases or decreases the pay $20.00 per month or more, or either terminal of a run is changed, same will be considered a new run and posted as per Article 4, Section (a) or (b). Where new runs are thus created, if the Engineers on the runs at the time of the change make application for them, they may, subject to provisions of Article 8½, stay on the runs during the posting time until the oldest applicant is assigned. Engineers remaining on runs under this Article will not be permitted to withdraw their application for same. Engineers accepting preferred runs in the future must designate in writing the point on that run they claim as their home point (for the purpose of applying this Article only), any change after that preventing the major portion of the layover at their home point, the Engineer on the run, if he so desires, may give up the run and exercise his seniority, and the run will be posted as per Article 4, Section (a) or (b). (See letter agreement of April 3, 1933, No. 3, page 65. (f) In case it becomes necessary to change the class of power by reason of applying lighter, heavier or more appropriate engines to certain runs in groups, still not changing the mileage, class of service or runs, excepting assigning the men to separate runs instead of on the group of runs affected, it shall be understood that the men assigned to the particular runs shall retain them, the senior Engineers having the choice of same. If additional Engineers on these runs are required, by reason of the changes referred to, they shall be applied for in the usual way, as per Sections (a) or (b), Article 4. (g) Rights of Engineers to regular runs, or regular turns in through freight service, will be governed by seniority, but no Engineer having a regular run, or a regular turn in through freight service, will have a right to claim any other regular run, or regular turn, unless it becomes vacant, or an additional regular run, or regular turn is put on. An Engineer in through freight service unable to hold a regular turn out of his home terminal by right of seniority, will have a right to displace any Engineer his junior on any run governed by his home terminal rights, or to any passenger run on the system if his seniority permits. An Engineer losing a preferred run governed by his home terminal, or system rights, through no fault of his own, will have a right to displace any Engineer his junior on any run governed by his home terminal rights, or governed by system rights. This not to in any manner interfere with the application of Section (d) of this Article. An Engineer, taking a run in preferred service or turn in chain gang service, by right of seniority, may take a vacant or posted run or turn until he is displaced by an older applicant, in which case he would have the right to and must take the youngest man's turn or run in similar service and have choice of Sunday layover when his seniority entitles him to it. |
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ARTICLE 3.(a) All freight Engineers shall be assigned to home terminals and to regular turns out of their home stations, according to seniority in road service; this to apply to all terminals on all divisions. (b) Engineers, with the consent of the Master Mechanic, may in case of sickness or other reasonable necessity, change locations with each other, when they so desire. It shall be understood that the Master Mechanic shall consult with the General Chairman of the General Committee of Adjustment for the Engineers before permitting such changes to be made. The parties exchanging locations in such cases will retain their rights on the seniority lists. (c) When regular Engineers are assigned to districts they are not to be run off their districts, except in case of wrecks, blockades or washouts, and as provided below. In case the movement of traffic or other necessities require it, Engineers, regardless of their age on the district, are to run two ways out of Bellville Yard, Gainesville and Brownwood; Engineers on Temple-Brownwood district to run three ways out of Temple; Engineers on Sweetwater and San Angelo districts to run over Fort Worth and Rio Grande Railway when business demands it; Engineers to run four ways out of Cleburne. It is understood that when Engineers are run off their district under the provisions of this Article they are not to be run farther than the first terminal, in either direction, beyond their home district, and on their arrival there they shall stand first out for return to their own district, if they so desire, and they are not to be again used for trip off their own district until after a round trip has been made on their home district. Beaumont Division Engineers may be run from Somerville to Quarry, near Quarry station, for Company rock, and returned to Somerville thence through on the Beaumont Division regardless of other Engineers at that point. The Engineer who is first out will always be called. This to be done only when the service can not be performed economically to the Company by Southern Division crews; continuous mileage to be paid for the entire trip. Under the provisions of this Article, Engineers may be run one freight district beyond their home district on any foreign line or on any portion of the Gulf, Colorado and Santa Fe Railway. In case of necessity Southern Division crews arriving at Fort Worth over foreign lines may be run to Temple over main line, or when Galveston Division crews are run to Beaumont Division over foreign lines, with train for Beaumont Division, they may be run to Bellville Yard via Beaumont Division and Somerville. The above is not to be construed to give Division Officers the authority to use Engineers off their district indiscriminately, and whenever Engineers are run off their district under the provisions of this Article, a proper necessity must exist for doing so. (See letter agreement of February 8, 1945, No. 21, page 83.) (d) Engineers will be run first-in first-out on their respective districts with the exception of those assigned to regular runs. This is not to be construed in any way to conflict with Section (c) of this Article. No compensation will be allowed for run-around unless it can be shown that an Engineer has been unfairly treated by being run-around; in such cases the first man out, either regular or extra, will be allowed compensation for the actual number of hours, with a maximum of eight, delayed in leaving the terminal. (See letter agreements of: July 19, 1944, No. 16, page 79, and June 15, 1946, No. 32, page 89.) | |
ARTICLE 4.(a) New or vacant runs will be posted in bulletin book or on bulletin board to be kept at each terminal roundhouse, for territory affected, for the information of Engineers, and after being posted four (4) days, vacancy will be filled by the senior Engineer making application in writing for same; Engineers will not be permitted to apply for runs just vacated by them unless they had lost the run they had taken through no fault of their own; nor will Engineers be permitted to apply for runs in the same group or set of runs as that in which they are then engaged. Note: In the event a bulletin is lost, causing delay in the assigning of Engineers to runs, no Engineer will be permitted to apply for a run after four (4) days excepting those running out of the point where the posting of the bulletin was delayed. It is understood that senior Engineers who have not had opportunity to know that such runs are vacant will be given preference if they make application within four (4) days from the time they have been informed. In the absence of an applicant for any posted run or switch engine, the Engineer on the Engineers' extra board of the district involved who is youngest in point of seniority will be assigned as though he had made application therefor. If that Engineer is not then available, the vacancy, if it exists at the point where the Engineers' extra board is maintained, will be protected from that board until he becomes available; if the vacancy exists at an outlying point, the Engineer who protected it during the posting period will remain thereon until the Engineer to be assigned becomes available, it being understood that the latter shall not be paid for deadheading to or from the point where the vacancy exists. If Engineers younger in point of seniority are subsequently assigned to the Engineers' extra board involved, and the Engineer who was assigned to the vacancy is still protecting the same, the latter may secure permission from the Master Mechanic to return to the Engineers' extra board, in which event the Engineer then on the Engineers' extra board who is youngest in point of seniority will, as soon thereafter as he is available, be assigned to the vacancy in the same manner, it being understood that the Engineer first assigned will remain at the outlying point until so relieved, and that no deadheading expense will be assumed by the Company by reason of the transfer. (See letter agreements of: January 4, 1945, No. 20, page 81, and April 11, 1945, No. 23, page 84.) (b) Vacant freight turns will be posted as vacant in bulletin book or on bulletin board at roundhouse for territory affected where vacancy occurs, for four (4) days, and vacancy will be filled by senior Engineer making application in writing for same. Engineers will not be permitted to apply for turns just vacated by them, unless they have lost the turn they had taken through no fault of their own; nor will Engineers be permitted to apply for turns in the same group or set of turns as that in which they are then engaged. Note: In the event a bulletin is lost, causing delay in assigning Engineers to turns, no Engineer will be permitted to apply for a turn, after four (4) days, except those running out of the point where the posting of the bulletin was delayed. It is understood that Engineers who have not had opportunity to know that such turns were vacant will be given preference if they make application within four (4) days from the time they shall have been informed. The several Engineers changed in accordance with this Article will revert to their former runs or turns, or to runs or turns that had become vacant to which their seniority would entitle them, unless same had been taken by senior Engineers who had lost their run or turn through no fault of their own; it being understood that after a period of six months Engineers would not be required to revert (as specified above) but would be permitted to take anything their seniority would permit in any class of service as per 3rd paragraph Section (g), Article 2. Engineers assigned to the Engineers' extra board must take a regular turn in through freight service out of their home point when their seniority entitles them to it. In the absence of an applicant for a turn in through freight service at an outlying point, the vacancy will be filled in the same manner as that specified in the last paragraph of Section (a) of this Article. (c) In case an Engineer is disabled by serious sickness or injuries and his attending physician has reason to believe he will not be able to work for thirty (30) days or more, his run or turn shall be posted as vacant until he is able to resume his former position and the several Engineers changed by virtue of this vacancy are to revert to their former runs or turns or to runs or turns that have become vacant to which their seniority would entitle them. When one of these temporary vacancies becomes permanent through death or permanent disability of the disabled Engineer, or if for some other reason he gives up his run, the run shall be reposted as per Section (a) or (b) of this Article. The several Engineers changed in accordance with this Article will revert to their former runs or turns, or to runs or turns that had become vacant to which their seniority would entitle them, unless same had been taken by senior Engineers who had lost their run or turn through no fault of their own: it being understood that after a period of six months Engineers would not be required to revert (as specified above) but would be permitted to take anything their seniority would permit in any class of service, as per 3rd paragraph Section (g), Article 2. |
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ARTICLE 5.Except on short branch runs, or at outlying points where engines do not get to shops, an Engineer in any class of service will remain with his disabled engine until he reaches the end of his run or assigned district, or until an engine can be furnished him; it being understood that when an engine of another train is taken, between terminals, to replace a disabled engine, each Engineer will remain with his own engine, but when a relief engine is sent from a terminal to replace a disabled engine, the Engineers will exchange engines. (See letter agreement of July 21, 1948, No. 62, page 108, and letter agreement of September 16, 1949, No. 68, page 112.) | |
ARTICLE 6.The Engineers will be granted by the Mechanical Superintendent, or his representative, upon mutual consent of the parties interested, the right to change runs at terminal points for the purpose of reaching home, provided that no delay or inconvenience results to the Company from such changes. It is also understood that when these changes are made they are to be only temporary. | |
ARTICLE 7.When a change of district or run requires Engineers to change their residence, or by right of seniority, they will be furnished free transportation for their families and household goods to their new place of residence. | |
ARTICLE 8.UNASSIGNED SERVICE.(a) An Engineers' extra board will be established at all home terminals. Engineers' extra boards may be established at other points, but the Engineers assigned thereto must average 2600 miles per month or they will be returned if they so request; it being understood that, unless older Engineers claim the right to go, the Engineer on the Engineers' extra board at the home terminal who is youngest in point of seniority will be assigned, and will not be paid for deadheading to or from the outlying extra board; and it being further understood that if the Engineer so to be assigned is not then available, the outlying extra board will be protected until he is available by sending the Engineer who is first out on the Engineers' extra board at the home terminal. If Engineers younger in point of seniority are subsequently assigned to the Engineers' extra board at the home terminal, and the Engineer who was assigned to the outlying extra board is still protecting the same, the latter may secure permission from the Master Mechanic to return to the home terminal extra board, in which event the Engineer then on the home terminal extra board who is youngest in point of seniority will, as soon thereafter as he is available, be assigned to the outlying extra board in the same manner, it being understood that the Engineer first assigned will remain at the outlying point until so relieved, and that no deadheading expense will be assumed by the Company by reason of the transfer. (See letter agreements of: January 4, 1945, No. 20, page 81, and February 18, 1949, No. 65, page 111.) (b) Extra Engineers will run first in, first out, on their respective extra boards at their home terminal or on runs governed by their home terminal rights; this to apply to all terminals where extra boards are maintained. When it becomes necessary to call an extra Engineer to fill an extra or additional crew for the purpose of moving traffic or light engines, such Engineer will be considered as temporarily assigned to chain gang service on that district, and so handled until after the completion of one round trip or return to starting point, it being understood that Article 26 (held-away-from-home- terminal Rule) will apply to such extra Engineers while at the terminal opposite their home terminal, irrespective of the home terminal for that district. (See letter agreements of: July 19, 1944, No. 16, page 79, and June 15, 1946, No. 32, page 89.) (c) In the event of a shortage of extra Engineers at any home terminal, the Mechanical Superintendent shall hire or promote such Engineers as are available, and whom he considers competent and eligible, at that home terminal, before compelling extra Engineers from other home terminals to accept such service. The Mechanical Superintendent shall, however, have the privilege at any time to offer temporary employment to extra Engineers away from their home terminals, and such extra Engineers shall have the privilege of accepting the same without interfering with their seniority when they return to their respective home terminals. (See letter agreement of January 4, 1945, No. 20, page 81.) (d) The Mechanical Superintendent, when the work or conditions justify it, may create, at any terminal, the position of extra passenger Engineer or Engineers, who will have preference to all extra passenger work on regular or irregular passenger trains on such territory as may be covered by bulletin, same to be posted as per Section (a), Article 4. Should the extra passenger Engineer, or Engineers, assigned to this service, be not available, then the emergency work will be given to the oldest available freight Engineer of the district on which the service is to be performed, if he so desires, until the oldest Engineer in preferred or freight service on that district (except passenger or work train Engineers) can be given the run, the latter to retain same until the first available extra passenger Engineer is able to take the run. When the positions of extra passenger Engineers are abolished, which may be done whenever the Mechanical Superintendent deems it expedient, or when Engineers assigned to these positions give up the runs of their own volition, they will return to their home terminal and take the youngest man's turn or a vacant turn when seniority entitles them to either. (See letter agreements of: August 10, 1931, No. 1, page 63, and March 5, 1941, No. 13, page 77.) (e) Extra Engineers, when capable, will be entitled to all straight away stub passenger work of 100 miles or less, and all turn-around stub passenger work, no single trip of which exceeds 80 miles, when no extra passenger Engineer is available. Extra Engineers will also be entitled to all preferred service, except passenger, when regular Engineers are off, or during the posting period except that no extra Engineer will be permitted to select a run or turn, for the Engineer he is representing. (See letter agreement of November 30, 1946, No. 42, page 95, and letter agreement of September 16, 1949, No. 67, page 112.) (f) When an Engineer is needed for service belonging to the Engineers' extra board, and there are no available extra Engineers, the senior available cut-off Engineer with home terminal rights on that territory will be called; it being understood that demoted Engineers holding regular runs as passenger Firemen will not be called on their layover, if other cut-off Engineers are available, unless they have previously notified the Master Mechanic in writing that they desire emergency service as Engineers on such lay-over. The emergency Engineer will continue to be used as such until, in the case of a hired Engineer, an extra Engineer becomes available, or, in the case of a demoted Engineer holding a regular assignment as Fireman, until he can again catch his regular assignment as Fireman, the object being to prevent the demoted Engineer from losing any more time than is necessary. |
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ARTICLE 8 ½.MILEAGE REGULATION.(a) In regular and extra passenger service, a sufficient number of Engineers will be assigned to keep the average mileage, or equivalent thereof, between 4000 and 4800 miles per month. In assigned, pooled or chain gang freight, or other service paying freight rates, a sufficient number of Engineers will be assigned to keep the average mileage, or equivalent thereof, between 3200 and 3800 miles per month. If, in any service, additional assignments would reduce earnings below these limits, regulation will be effected by requiring the regularly assigned Engineer or Engineers to lay off when the equivalent of 4800 miles in passenger, or 3800 miles in other road service, has been reached. (b) On extra lists, a sufficient number of Engineers will be maintained to keep the average mileage, or equivalent thereof, between 2600 and 3800 miles per month; provided that when Engineers are cut off the extra lists and it is shown that those remaining thereon are averaging the equivalent of 3100 miles per month, Engineers will be returned to the extra lists if the addition will not reduce the average mileage, or equivalent thereof, below 2600 miles per month. (c) In yard service, regular assigned Engineers will be required to lay off when they have earned the equivalent of 35 days in any month. (d) Engineers used in combination service as such, will not be permitted to earn in excess of 3800 miles at the through freight rate for engines weighing between 250,000 and 300,000 pounds on drivers. (e) In order that the Company's service may be protected, it is understood that the mileage limitations specified herein are only effective when relief Engineers are available. If, for any reason, an Engineer exceeds the maximum mileage in any month, such excess will be deducted from the maximum mileage he may be permitted to make in the following month. (f) In regulating the working lists in the respective classes of service, each list will be handled separately. In the regulation of mileage, neither the minimum nor the maximum is guaranteed. (g) Each time an Engineer returns to his home point after a trip in other than passenger service, he will correctly register, on the roundhouse register or book to be provided for that purpose, the mileage, including overtime or other earnings reduced to miles, he has made in all classes of service since the first of the current month, and will not be considered available for service until he has done this; it being understood that this does not prohibit the Company from calling such Engineer for service in the event no other Engineers are available, and, further, that the Company shall not be penalized in runaround or other claims by reason of failure to call such Engineer for service. Mileage registered under this rule will be checked at approximate ten-day intervals by the local Chairman, who will notify the Roundhouse Foreman of instances where the mileage limitations specified herein are being exceeded, and will work jointly with the Roundhouse Foreman in regulating such mileage. (h) When, from any cause, it becomes necessary to reduce the number of Engineers on the Engineers' extra list on any seniority district, reductions shall be made in reverse order of seniority, and those taken off may, if they so elect, displace any Fireman their junior on that seniority district; provided, that no reduction will be made so long as Engineers in assigned or extra passenger service are averaging the equivalent of 4000 miles per month; in assigned, pooled or chain gang freight, or other service paying freight rates, are averaging the equivalent of 3200 miles per month; or on extra lists are averaging the equivalent of 2600 miles per month. (See letter agreement of July 7, 1947, No. 45, page 99.) (i) Engineers taken off under Section (h) shall be returned to service as Engineers, in the order of their seniority as Engineers, as soon as it can be shown that Engineers in assigned or extra passenger service can earn the equivalent of 4800 miles per month; in assigned, pooled or chain gang freight, or other service paying freight rates, the equivalent of 3800 miles per month; or in extra service the equivalent of 3100 miles per month. (j) Hired Engineers cut off of the Engineers' extra lists will retain all seniority rights, provided they return to service as such within thirty (30) days from date of notification that their services are required. (k) It is understood that no expense will be incurred by the Company through the application of this Article.
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