MISCELLANEOUS.ARTICLE 24.(a) Engineers running light will be paid according to class of train and engine over each district. Engineers running with light engine, or with engine and caboose or buffer, unless run as a section of a passenger train, will be considered as unclassified service as per Article 16, Section (a). (See letter agreement of June 30, 1948, No. 52, page 102.) (b) If Engineers, taking engines to or from shops, are held at any point or district terminal to receive or deliver any engine, they shall be paid $6.65 for each 24 hours so held. (See letter agreement of April 29, 1936, No. 6, page 68.) | ||||||||||||
ARTICLE 25.(a) No Engineer will be tied up between terminal points, except as required by law, without receiving overtime pay, except Engineers on regular or irregular work trains, circus, show or inspection trains, or demonstration or educational trains. (b) Under the laws limiting the hours on duty, crews in road service will not be tied up unless it is apparent that the trip cannot be completed within the lawful time; and not then, until after the expiration of fourteen hours on duty under the Federal law, or within two hours of the time limit provided by State laws if State laws govern. (c) If the road crews are tied up in a less number of hours than provided in the preceding paragraph, they shall not be regarded as having been tied up under the law, and their services will be paid for under the individual schedules of the different roads. (d) 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 drew, 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. (e) A continuous trip will cover movement straightaway or turn-around, from initial point to the destination train is making when ordered to tie up. If any change is made in the destination after the crew is released for rest, a new trip will commence when the crew resumes duty. (f) Engineers and Firemen in 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, fifty (50) miles pay; for more than fifty (50) miles and up to one hundred (100) miles, or over four (4) hours and up to eight (8) hours, one hundred (100) miles pay; over one hundred (100) miles, or over eight (8) hours, at schedule rates. It is understood that this does not permit running engines through terminals or around other crews at terminals unless such practice is permitted under the pay schedule. (g) 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 therefor as per Section (f) of this Article, the same as if they had run the train to such terminal. (h) If any service is required of an engine crew, or if held responsible for the engine, during the tie-up under the law, they will be paid for all such service. (i) The foregoing Article constitutes an agreement for this Railway Company and its Engineers as to runs that are tied up in conformity with the law, and becomes a part of the schedules or agreement of this road, and subject to its provisions as to amendment by mutual consent. Nothing herein contained shall be construed to amend or annul any rule in the various agreements with this road. (The foregoing Sections (b) to (i) inclusive were taken from the Chicago Agreement, effective April 1, 1908.) (j) Crews operating under the Federal Sixteen-Hour law, in accordance with the Agreement above quoted, shall not be tied up without pay until after they have been 14 hours or more on duty. The Company will have the right to tie them up without pay after the expiration of the 14-hour limit, and under such conditions they will not be paid while tied up. In following out the provisions of the law, and in observance of the agreement between the Labor Organization and General Managers at Chicago, it is to be understood that if crews are tied up, as per examples below, a greater length of time than the law prescribes, they shall be paid for the excess. Example No. 1: A crew is tied up for ten hours' rest at 12 o'clock noon. They are not to receive any pay between 12 o'clock noon and 10 P.M., but their time begins at 10 P.M., whether the train is moving or not. The same rule, of course, applies to a case where they are tied up for only eight hours' rest, and it is understood that the company has the privilege of tying them up for either eight or ten hours, in accordance with the greater amount of rest necessary by any member of the crew. The question was brought up regarding the running of turn-arounds from Silsbee to Plantersville and return to Silsbee, the distance being 218 miles. The members of your committees complain that this run is too long. We will hereafter either run crews from Silsbee to Plantersville and stop them there, or else make a turn-around of the crew from Silsbee to Plantersville and back to Conroe. If the latter is done, we will begin a new run from Conroe, when the crew is again called for service, and pay the mileage or time, as the case may be, under your respective schedules, as of a new trip. It being understood that Plantersville is to be considered as a terminal only for trains that are operated from Silsbee and known as "Plantersville set-outs." The company reserves the right to change the destination of any train without establishing a new run, after the train has departed from its point of origin and at any time before it reaches its originally proposed destination or before the crew is released for rest. Example No. 2: A train leaves Temple for Somerville turn. Before the train reaches Somerville, or after it arrives at Somerville and before the crew is released for rest, we reserve the right to change the destination of the train, as we may see fit, without paying anything but straight time. Such Articles as at present appear in our several contracts covering conditions of pay, etc., when class of service is changed, will still govern, as I do not find anything in the memorandum of agreement entered into at Chicago which requires, at this time, any change in that respect. Example No. 3: A crew having been on duty less than sixteen consecutive hours is released at 12 o'clock noon. Under the law they shall have eight hours uninterrupted time off duty. At 8 P.M., the expiration of the legal time, pay of the crews shall commence, and after receiving requisite notice to permit its being done, shall be ready to perform such service as is necessary for completion of the trip. Where crew has been on duty sixteen or more consecutive hours, it is understood that the legal period off duty shall be ten hours. The company will undertake to furnish watchmen for caring for engines when crews are tied up for rest. Engineers and Firemen are expected to give such watchmen advice about watching and firing up engines. Engineers and Firemen will only be called upon in cases of extreme emergency to watch their engines, and where it is concluded it will be permissible to do so under the Federal or State laws, in which case either the Engineer or the Fireman, depending upon who watches the engine, shall receive Engineer's or Fireman's standard rates of pay for such service. The responsibility of Engineers and Firemen for the care of engine ceases when engine is turned over to watchman, and begins again when they assume charge of engine. It is understood that a crew, or any member or portion of a crew leaving a terminal with previous service and is tied up in compliance with the law before the expiration of the fourteen-hour period of the entire crew, for that trip, will be paid in accordance with respective schedules. Example No. 4: If a crew, or any member or portion of same, arriving at a terminal after having been five hours on the road, is required to again leave the terminal before taking the legal amount of rest, and by operation of the Federal law is required to tie up after having been on duty only ten hours, time is to be allowed while taking such rest, in accordance with the respective schedules. If tied up after the entire crew has performed fourteen hours' service, then the entire crew will be considered as tied up in accordance with the Chicago Agreement and no member of the crew will be entitled to pay for the legal time required to take rest. Example No. 5: If a crew, or any member or portion of a crew has previous service without having the legal amount of time off duty, as required by law, for instance, one hour, and by operation of the law is required to tie up for rest, and after the entire crew have been on duty on that trip more than fourteen hours, then the entire crew shall be considered as tied up in compliance with Chicago agreement and will not be allowed compensation for the legal period of time tied up. It is not the desire of the Company that crews be tied up on the road, and instructions are in effect that every reasonable effort shall be made to get them over their districts within the time prescribed by law, and it will also be understood that crews will not be tied up after fourteen-hour limit, unless it is necessary under the law to do so, and in conformity with Section (b) of this Article. Engineers 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 Engineers through terminals or around other crews at terminals unless such practice is permitted under the pay schedules. 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 the time or mileage of their schedules, from initial point to tie-up point. Their time will again commence when towing or dead-heading starts, and they will be paid as per preceding paragraph from the tie-up point to the next tie-up point, or to the terminal. If any service is required of an engine crew, or if held responsible for the engine, during the tie-up under the law, they will be paid for all such service. |
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ARTICLE 26.(Section 14 of National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (a) Engineers in pool freight and in unassigned service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed. If held sixteen hours after the expiration of the first twenty-four hour period, they will be paid continuous time for the time so held during the next succeeding eight hours, or until the end of the second twenty-four hour period, and similarly for each twenty-four hour period thereafter. (b) Should an engineer be called for service or ordered to deadhead after pay begins, the held-away-from-home-terminal time shall cease at the time pay begins for such service or, when deadheading, at the time the train leaves the terminal, except that in no event shall there be duplication of payment for deadhead time and held-away-from-home-terminal time. (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. (e) Home terminals as now designated, for the purpose of applying this rule, will continue in effect until changed by bulletin. For new assignments on districts where no home terminal has been designated, home terminal will be designated in the bulletin posting the job. The home terminal of an extra Engineer will be at point where his extra board is located, except when he is representing a regular man. (See letter agreements of: January 4, 1945, No. 20, page 81, and November 7, 1945, No. 24, page 84.) | ||||||||||||
ARTICLE 27.(a) Engineers deadheading on Company's business on passenger trains will be paid for the actual mileage at 12.00 cents per mile, and for deadheading on other trains at 12.47 cents per mile; provided, that a minimum day at the above rates will be paid for the deadhead trip if no other service is performed within twenty-four (24) hours from time called to deadhead. (b) Pay for deadheading shall not be combined with any other class of service, under Section (e), Article 16. (c) Engineers who are relieved away from home point will be returned at once and for deadheading will receive pay as per Section (a) of this Article. Deadheading resulting from the exercise of seniority rights, or in the application of the mileage limitations contained in Article 8½, will not be paid for. (d) In case it is necessary to send Engineers away from their home district over foreign lines or portions of the Gulf, Colorado and Santa Fe Railway with which they are not acquainted, they will be allowed for learning the road half pay of the Engineer with whom they deadhead, not exceeding two round trips. If necessary to use them in service in charge of an engine without first learning the road, pilot will be furnished. When it is necessary to send Engineers from one Division to another, because of shortage of Engineers on that Division, they will be furnished a pilot or will be allowed pay for learning the road. Men who are hired will not be paid for learning the road, nor will new men promoted be paid for learning the road. (See letter agreements of June 7, 1946, and February 26, 1947, No. 46, page 100.) |
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ARTICLE 28.Engineers on regular, or preferred runs, or assigned turns, attending lawsuits or other Company business (this not to include investigations as per Article 10), shall be paid for all time lost on their runs or turns and legitimate expenses; extra Engineers to receive $12.09 per day and legitimate expenses. When called for the above purpose away from the home terminal on layover day, Engineers shall receive one day's pay and legitimate expenses. When called to give deposition or affidavit, or to make statements to the Legal or Claim Department, the Notary or representative of the Legal or Claim Department must call at the roundhouse or Engineer's residence as it may be necessary to find him, or by agreement the Engineer will go to the Notary's office or to that of such representative of the Legal or Claim Department, then no compensation will be claimed in either case. When attending lawsuits or other Company business at home station, when no time is lost, no pay for time or expenses will be claimed. | ||||||||||||
ARTICLE 29.It is mutually agreed that this contract does not contemplate payment of double time for the same time or the same service to the same Engineer. | ||||||||||||
ARTICLE 30.Where there is a dispute as to the amount which should be paid on a time ticket, the amount the Timekeeper decides is proper shall be paid, and after investigation if it is determined that additional allowance should be made, the amount will be added to the timebook. In all cases where time claimed is not allowed, the party making the ticket shall be notified and a corrected copy of his trip ticket sent him. If an Engineer is short two dollars and fifty cents ($2.50) or more, through no fault of his own, a time check will be issued to him for the amount. (See Article 10, Sections (c) to (h) inclusive.) | ||||||||||||
ARTICLE 31.(a) Engineers will be allowed a reasonable length of time for eating at convenient places, but will at all times notify the Dispatcher. (Section 16--National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (b) Road engineers will not be tied up between their terminals except at points where food and lodging can be procured. | ||||||||||||
ARTICLE 32.Engineers will not be required to back up at night except in cases of wrecks or extraordinary occasions; this does not apply to work trains or helpers in the performance of their duties, or to Engineers running for water or fuel, or returning for broken trains or doubling hills. | ||||||||||||
ARTICLE 33.No Engineer will be required to run an engine over the road light without having a qualified man on the engine to act as pilot. This not to apply on helping engines, or in case of emergency where no qualified man is available. The choice of Conductor or Brakeman as pilot shall be left to the discretion of the Division Officials, with the understanding that, when practicable, Conductors will be used in preference to Brakemen. When Brakemen are used the most efficient Brakeman available will be furnished. Men acting as pilot shall have standard watches and must handle the orders and assume the responsibility as pilot in accordance with the book of rules. |
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ARTICLE 34.(a) Where Engineers are required to set up wedges, fill grease cups, or clean headlights, they shall be relieved of such service at all points where competent roundhouse force is employed. Neither will they be required to place on, or remove tools or supplies from locomotives, fill lubricators, flange oilers, headlights, markers or other lamps at points where roundhouse force, or an engine watchman, is employed. The Company will care for and clean headlights. (b) It is the purpose of the Company to furnish engine inspectors at important points whenever suitable men are available. Their assignment to this work, however, is not intended to release Engineers from the duty of inspecting their engines and making written reports in the book provided for this purpose. Engineers will not be held responsible for inspection of engines underneath at terminals after arrival, this not to apply at outlying points where no shop forces are maintained. (c) The Railroad will keep a bulletin at all terminals showing actual weight on drivers of all engines in its service. (d) We recognize the necessity of making efficiency tests, but when such tests are made they should not be conducted under conditions that are hazardous to the employes. | ||||||||||||
ARTICLE 35.Wherever electric or other power is installed as a substitute for steam, or is now operated as a part of their system on any of the tracks operated or controlled by any of the railroads, the locomotive Engineers shall have preference for positions as Engineers or Motormen on electric locomotives; but these rights shall not operate to displace any man holding such positions on the date of issuance of this order. | ||||||||||||
ARTICLE 36.It is hereby agreed that the Engineers shall, in all cases when called upon to perform service that, in their opinion, is contrary to any Article of this Agreement, so notify the Officer from whom they received the instructions and, immediately after completion of the trip, submit report to the Superintendent or Master Mechanic, as the case may be, and also the Chairman of their local Committee, for a correct interpretation of the rule governing same, and bring all such cases to the attention of the proper General Officers in writing. | ||||||||||||
ARTICLE 37.The General Committee of Adjustment of the Brotherhood of Locomotive Engineers will represent all Locomotive Engineers in the negotiation and execution of agreements governing rules, rates and working conditions, and in the making of interpretations thereof. Grievances of Engineers must be determined under the interpretations placed upon this agreement by the Officials of the Company and the General Committee of Adjustment of the Brotherhood of Locomotive Engineers. | ||||||||||||
ARTICLE 38.The Gulf, Colorado and Santa Fe Railway Company on its part, and the General Committee of Adjustment of the Brotherhood of Locomotive Engineers for the Engineers, employed thereon, on their part, agree that they will perform the several stipulations and duties required as provided in this agreement. The rules in this agreement are those which became effective February 1, 1930, except where otherwise specifically indicated. The agreement has been reprinted to include amendments of rules required by National Conference Committee Settlement of August 11, 1948, and rates of pay effective October 16, 1948. This agreement shall continue in effect until it is changed as provided in this Article or under the provisions of the Railway Labor Act. Should either party to this agreement desire to revise or modify the rules thereof, thirty (30) days' written advance notice containing the proposed changes shall be given and conference held upon the expiration of such notice, unless another date is mutually agreed upon.
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