GENERAL.ARTICLE 9.The record of Engineers shall be correctly kept in the Division Superintendents' offices, and all changes in the rank or record of Engineers must be correctly noted thereon and will be open to the inspection of the Officers of the Company and the Engineer affected only, unless authority be given by such Engineer in writing. Engineers shall be notified of any charges against their record. No demerit marks shall be charged against an Engineer's record until after first giving him a proper investigation, or unless he has in writing waived the investigation and agreed to the charges against his record. In case investigations are held Engineers shall inquire the result of the same, which upon being given them and also when they agree to waive investigation, agreeing to accept charges against their record, will be considered proper notice. | |||||||||
ARTICLE 10.(a) No Engineer shall be discharged or held off duty, on any charge whatever, without first having a fair and impartial hearing and his guilt established, with the exception of aggravated cases. There shall be a Board of Inquiry composed of Superintendent, Master Mechanic, or their representatives and one disinterested Engineer, to investigate promptly all charges of misconduct on the part of an Engineer. The Engineer who is being investigated shall be given reasonable notice in writing as to the object of the investigation. The right of appeal from local to General Officers, as also the right of Engineers to act on a Committee of Conference, will be duly recognized and leave of absence and free transportation will be granted for that purpose to points on this system. When statements are taken by stenographer, there shall be a copy furnished the disinterested Engineer; provided, that the same shall not be used without the consent of the Company for any other purpose than the investigation and any appeal made therefrom under this contract. The party supposed to be responsible shall be the first witness called and shall be allowed to remain and hear all testimony. If any witness, other than the party supposed to be responsible, remains present at any investigation, or any part thereof, any other witness or witnesses desiring to do so, after giving their testimony, may also remain present at such investigation, but no person or persons other than members of the Board of Inquiry, shall be permitted to interrogate any witness or otherwise take part in the determination of the matter which is the subject of such investigation. No person or persons shall be allowed to be present at any investigation other than said Board of Inquiry named, and the actual witnesses, if there is any objection by any member or the Board of Inquiry or any witness. If Engineer is dismissed and the dismissal is found to be unjust, he shall be reinstated and compensated for the wage loss, if any, suffered by him. If Engineer should be on extra board, the wage loss, if any, suffered by him shall be calculated on the basis of through freight rate for engines weighing between 100,000 and 140,000 pounds on drivers, multiplied by the number of calendar days out of service, less amounts earned in other employment; the Engineer to go to the bottom of the board. (See letter agreement of June 4, 1946, No. 26, page 85.) (b) Notice of first appeal must be made within twenty days after decision by Board of Inquiry is given. Notice of subsequent appeals must be given within twenty (20) days, or same will not be recognized; each notice to be made in writing. The last decision rendered will be final, unless notice of appeal is given in accordance herewith. All notices of appeal must be given to the person appealed from as well as the person appealed to. If the Committee, whose duty it would be to decide whether or not appeal should be taken, is engaged in committee work which would prevent it from taking immediate action, an extension of time will be given by party appealed to upon application, such extension of time, however, not to exceed twenty days. (Section 17 -- National Conference Committee Settlement of August 11, 1948, effective November 1, 1948.) (c) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the company authorized to receive same, within sixty days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within sixty days from the date same is filed, notify the employee or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the carrier as to other similar claims or grievances. (d) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance, and the representative of the carrier shall be notified of the rejection of his decision. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. (e) The procedure outlined in paragraphs (c) and (d) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within sixty days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within six months from the date of said officer's decision proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the six months period herein referred to. (f) 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 or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. (g) This rule recognizes the right of representatives of the organizations parties hereto to file and prosecute claims and grievances for and on behalf of the employees they represent. (h) This rule shall not apply to requests for leniency. Note: With respect to all claims or grievances which arose or arise out of occurrences prior to November 1, 1948, such claims or grievances must be made on or before April 1, 1949, in the manner provided for in paragraph (c) hereof and if not progressed pursuant to the provisions of paragraphs (d) and (e) of this rule, the claims or grievances shall be barred. This provision does not apply to claims or grievances already barred under existing agreements. |
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ARTICLE 11.(a) Where Engineers are dismissed from the service, except through reduction of force, and are re-employed after a period of six months, they shall rank as new men, but if re-employed within six months, they shall be restored to their former rights, if the Officers of the Company see fit to do so; if they voluntarily leave the service to engage in other business, or to work on other roads, and are subsequently re-employed on this road, they shall rank as new men and be assigned to service and subject to condition of that rank, unless otherwise mutually agreed upon by Mechanical Superintendent and the men affected. 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 runs or turns 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. (b) Engineers employed by contractors hold no rights in Company's service. If assigned by Company to contractor's service, they retain original rights in Company's service and are to be paid according to Engineers' Contract. | |||||||||
ARTICLE 12.(a) Engineers will be called one hour and thirty minutes before leaving time, or as near as possible thereto. (b) When Engineers have been called to go out, and for any reason other than their own act do not go out, if held on duty less than four hours, they will be paid one-half day, and stand first out. If held more than four hours, they will be paid one day and go behind other Engineers at that point. (c) Where Engineers are called and then report sick, or remain out of service claiming to be sick, the Master Mechanic, if he has reason to doubt the validity of the claim, shall have the right to require them to furnish satisfactory evidence that they are unfit for duty. (d) Extra Engineers laying off or missing a call shall not be permitted to report for duty for a period of twelve hours from time they laid off or missed a call. Caller will so indicate on the roundhouse register. Engineers laying off or missing a call will be required to report for duty before being considered available for service, except in cases of emergency. This also applies to extra passenger Engineers. (See letter agreement of September 11, 1944, No. 18, page 80.) | |||||||||
ARTICLE 13.(a) Engineers shall not be required to go on duty when they need rest, and are expected to judge for themselves whether they need rest or not. When Engineers feel that they require rest, and will be unable to go out, they must register the same in a book provided for that purpose when they register their arrival. Ten hours will be considered sufficient rest, at the expiration of which time they shall be ready for service on any turn. In case an Engineer calls for rest, he is eligible and shall be called for a preferred run after he shall have secured ten hours rest in case opportunity offers, and provided his seniority entitles him to the run. (See letter agreement of June 15, 1946, No. 33, page 90.) | |||||||||
ARTICLE 14.In all classes of service, Engineers' time will commence at the time they are required to report for duty, and shall continue until the time the engine is placed on the designated track or they are relieved at terminal. Arrival time to be taken from roundhouse register. (See letter agreement of July 27, 1948, No. 63, page 108.) | |||||||||
ARTICLE 15.PASSENGER SERVICE.Rates of Pay.(a)
Weights on all other power driven wheels will be added to the weight on drivers of locomotives that are equipped with boosters, and the weights so produced by such increased weights shall fix the rates for the respective classes of service. NOTE: -- Where locomotive is equipped with trailer truck booster, the total weight on all trailer wheels will be added. Where locomotive is equipped with tender booster, total weight on truck so equipped will be added to weight on drivers. Steam locomotives of the 4-8-4 and 2-10-4 type to be reclassified for pay purposes by being moved into next higher wage bracket. (b) In all passenger service, the earnings of Engineers, from mileage, overtime or other rules applicable, shall be not less than $12.97 for each day service is performed. In applying the $12.97 minimum for Engineers in passenger service, it is intended that on assignments where they run so as to make only the equivalent of a single trip in one direction each day, they shall be paid the guaranteed minimum for each single trip. For example: On a 100 mile division, Engineers double the road Monday, lay over Tuesday, double Wednesday, and lay over Thursday, etc. They will be allowed the minimum for each leg of their turn-around trip. On the same division, other Engineers double the road Monday and Tuesday, and lay over Wednesday, double Thursday and Friday, and lay over Saturday. These Engineers make the equivalent of four single trips every three days and, therefore, are not entitled to the minimum for each trip. (c) Engineers employed on electric locomotives in passenger service will be paid the rates shown in preceding table, based upon weights on drivers. In the application of the rates for various driver weights in electric locomotive service, the total weight on drivers of all units operated by one engine crew shall be the basis for establishing the rate. (d) Electric car service, whether operated in multiple unit or single unit, will be paid minimum rate in preceding table. (e) All motor cars used in passenger service operated under train rules by Engineers, regardless of whether operated by gasoline, steam, electricity or other motive power, to be paid minimum rate in preceding table. Basic Day.(f) One hundred miles or less (straight-away or turnaround) five hours or less, except as provided in Section (g) of this Article, shall constitute a day's work, miles in excess of 100 will be paid for at the mileage rate provided according to class of engine. (g) (Revised to conform to Section 7 of National Conference Committee Settlement of August 11, 1948, effective September 1, 1948.) Engineers 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 in short turn-around passenger service shall be paid for on the minute basis at a rate per hour of not less than one-eighth of the daily rate herein provided, according to class of engine. Example (1): Crew goes on duty at Cleburne at 6 A.M.; arrives at Dallas at 11 A.M.; leaves Dallas at 11:59 A.M. (relieved at Dallas 59 minutes); arrives at Cleburne and finally released at 4 P.M.; total time on duty 10 hours; distance run 107 miles. Allowed 107 miles and two hours overtime. Example (2): Crew goes on duty at Cleburne at 6 A.M.; arrives at Dallas at 11 A.M. (relieved at Dallas 61 minutes); leaves Dallas at 12:01 P.M.; arrives at Cleburne and is finally released at 4 P.M.; total time on duty 10 hours; distance run 107 miles. Allowed 107 miles and 1 hour overtime. Example (3): Crew goes on duty at Galveston at 7 A.M.; arrives at Beaumont at 4 P.M. (relieved at Beaumont one hour); leaves Beaumont at 5 P.M.; arrives at Galveston and finally released at 7 P.M.; total time on trip 12 hours; distance run 154 miles. Allowed 154 miles and 4 hours overtime. Example (4): Crew goes on duty at Galveston at 7 A.M.; arrives at Beaumont at 11 A.M. (relieved at Beaumont 4 hours); leaves Beaumont at 3 P.M.; arrives at Galveston and finally released at 7 P.M.; total time on trip 12 hours; distance run 154 miles; but on this trip crew hostles engine to roundhouse for which they receive 1 hour. Allowed 154 miles and 3 hours overtime; also 1 hour for hostler work at Beaumont, as this character of work is not a part of and does not come under the 8 within 9 hours rule. (h) Engineers on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour computed continuously from the time required to report for duty until released at the end of the 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 5 hours from the time of first reporting for duty. Overtime under this section shall be paid for on the minute basis at a rate per hour of not less than one-eighth of the daily rate herein provided, according to class of engine. Provisions of Section (g) will not apply to this Section. (i) Engineers in passenger service required to handle one or more freight cars in their train will be allowed through freight pay for the distance handled; not to include cars with express matter. (j) (Initial Terminal Delay -- Passenger Service -- Section 10 -- National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (1) Initial terminal delay shall be paid on a minute basis to engineers in passenger service after one (1) hour's unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal ("terminal" means passenger station or other starting point from which the train actually departs), at one-eighth (1/8th) of the basic daily rate, according to class of engine used, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be ,deducted from the initial terminal time under this rule. Where mileage is allowed between the point of reporting and the point of departure, each mile so allowed will extend by three (3) minutes the one (1) hour period after which initial terminal delay payment begins. (2) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid. (3) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty. (Final Terminal Delay--Passenger Service--Section 12--National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (4) In passenger service (except as provided for in paragraph (5) of this rule) all time, in excess of 30 minutes, computed from the time train stops at the final terminal passenger station until finally relieved from duty, shall be paid for as final terminal delay; provided that should train be stopped behind another train standing at or waiting to reach the final terminal passenger station, or be held out of that station for any other reason after entering final terminal, final terminal delay, in excess of 30 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty. Note: The phrase "waiting to reach the final terminal passenger station, or be held out of that station..." refers only to trains which are ready to enter the final terminal passenger station but are prevented from so doing. (5) If the passenger train terminates at a point other than a final terminal passenger station, all time, in excess of 30 minutes, computed from the time train stops at such point until finally relieved from duty, shall be paid for as final terminal delay; provided that should train be stopped behind another train standing at or waiting to reach such point, or be held out of or away from that point for any other reason after entering final terminal, final terminal delay, in excess of 30 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty. Note: The phrase "waiting to reach such point, or be held out of or away from that point..." refers only to trains which are ready to enter such point other than the final terminal passenger station, but are prevented from so doing. (6) Where mileage is allowed between the point where final terminal delay time begins and the point where finally relieved, each mile so allowed will extend by three (3) minutes the thirty minute period after which final terminal delay payment begins. (7) All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one eighth (1/8th) of the basic daily rate, according to class of service and engine used, in addition to full mileage of the trip, with the understanding that the actual time consumed in the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule. After road overtime commences, final terminal delay shall not apply and road overtime shall be paid until finally relieved from duty. Note: The phrase "relieved from duty as used in this rule includes time required to make inspection, complete all necessary reports and/or register off duty. (8) When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty. (k) Except as provided in Section (m) of this Article, Engineers on regular passenger trains whose schedule holds them at any station one hour or more, will receive pay at $1.21 per hour, for all time so held for taking charge of engines, unless Hostlers are furnished. (This Section does not apply to turn-arounds.) (l) The Company shall furnish Hostlers to take passenger engines to and from trains at Galveston and Cleburne; and at Temple when it can be done without additional hostler service. When Hostlers are not furnished at latter point, Engineers will be allowed one hour, at the rate of 12 ½ miles per hour, for that service. (See letter agreements of: November 30, 1946, No. 42, page 95, and June 29, 1948, No. 50, page 102.) (m) This contract does not contemplate the duplication of arbitraries or special allowances in payment of passenger overtime; i.e., the arbitraries or special allowances or the road overtime, whichever is the greater, will be paid. |
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ARTICLE 16.FREIGHT SERVICE.Rates of Pay.(a) Rates for Engineers in through and irregular freight, pusher, helper, mine run or oustabout, belt line or transfer, work, wreck, construction, snow-plow, circus trains, trains established for the exclusive purpose of handling milk, and all other unclassified service, shall be as follows:
Weights on all other power driven wheels will be added to the weight on drivers of locomotives that are equipped with boosters, and the weights so produced by such increased weights shall fix the rates for the respective classes of service. NOTE: -- Where locomotive is equipped with trailer truck booster, the total weight on all trailer wheels will be added. Where locomotive is equipped with tender booster, total weight on truck so equipped will be added to weight on drivers. Steam locomotives of the 4-8-4 and 2-10-4 type to be reclassified for pay purposes by being moved into next higher wage bracket. Above rate table revised in conformity with Section 1 of the National Conference Committee Settlement of August 11, 1948. See page 113. (b) For local or way-freight service, 58 cents per 100 miles or less for Engineers shall be added to the through freight rates, according to class of engine; miles over 100 to be paid for pro rata. (c) (1) Engineers of regular assigned switcher trains, or trains run primarily for the purpose of relieving local freight trains of station switching, will be paid the through freight rate according to class of engine used, plus a differential of 58 cents per 100 miles or less. (Section 15 National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (2) Engineers in through or irregular freight service required to pick up and/or set off a car or cars at three or more points, or, when the time actually consumed in picking up and/or setting off exceeds one hour and thirty minutes in the aggregate for the entire trip during any one trip or tour of duty will be paid local freight rates for the entire service performed. The following shall not be considered picking up and/or setting off cars for the purpose of this rule: (a) Picking up or setting off cabins or caboose cars at initial or final terminal. (b) Picking up cars at first point or setting off cars at last point at which cars are picked up or set off respectively, within the initial or final terminal. (c) At foreign line junction points not exceeding four in number, when interchange cars only are picked up and/or set off. (d) Setting out defective cars at any point. (e) Doubling hills. (f) Setting out or picking up cars (but not setting out and picking up at the same point) for the purpose of adjusting the tonnage of the train to established engine ratings. Except as provided in Item (f) above, picking up and/or setting off cars at one point between the time train is stopped and the entire train is coupled up and ready to start shall constitute picking up and/or setting off cars at one "point" for the purpose of this rule. (3) Engineers required to do station switching will be paid local or way freight rates. Switching necessary in picking up cars will not be considered "station switching". Switching for the purpose of placing at loading or unloading places cars other than cars loaded with livestock or highly perishable freight, will be considered "station switching". If, in order to set out car or cars clear of main line, it is necessary to move from "spot" a car or cars that are set for loading or unloading, such car or cars will be replaced on "spot" and so doing will not be considered "station switching". (4) In passenger or through or irregular freight service where commercial LCL freight and/or company material in excess of 2000 pounds is loaded or unloaded by the engine or train crew during the entire trip engineers will be paid local freight rates. (5) There shall be no conversion except as specifically covered by this rule. (See letter agreements of: January 8, 1947, No. 43, page 98; April 14, 1948, No. 49, page 101, and July 1, 1948, No. 53, page 103.) (d) If a type of locomotive is introduced on a railroad which formerly was not in use on that railroad, and the rates herein provided are less than those in effect on other roads in the territory, the rates of the other roads shall be applied. (e) Road Engineers performing more than one class of road service in a day or trip will be paid for the entire service at the highest rate applicable to any class of service performed, with a minimum of 100 miles for the combined service. The overtime basis for the rate paid will apply for the entire trip. When two or more locomotives of different weights on drivers are used during a trip or day's work, the highest rate applicable to any engine used shall be paid for the entire day or trip. Basic Day and Overtime.(f) In all classes of service covered by Section (a) of this Article, 100 miles or less, eight hours or less (straightaway or turn-around) shall constitute a day's work; miles in excess of 100 will be paid for at the mileage rates provided, according to class of engine or other power used. (See letter agreements of: July 28, 1944, No. 17, page 80, and July 19, 1948, No. 57, page 105.) (g) On runs of 100 miles or less, overtime will begin at the expiration of eight hours; on runs of over 100 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 an hourly rate of three-sixteenths of the daily rate, according to class of engine or other power used. (h) Mixed runs, handling passenger and through freight only, to be paid through freight rate according to class of engine used; and mixed runs handling way freight to be paid local rate according to class of engine used (not to apply to Engineers on sections of local and mixed trains which do not do regular local work). (i) For circus trains, show trains, or inspection trips, regular freight rates will be paid according to class of engine used, it being understood that each run between points designated shall constitute 100 miles unless more miles are made; it is the understanding that 100 miles will be the minimum paid per calendar day while so engaged. In addition to this, twelve and one-half (12½) miles per hour shall be allowed for the time consumed in switching, or where used in loading or unloading at beginning or ending of each run. In case engine watchman is not provided for watching engine at other than terminal point, the Engineer shall arrange for either his Fireman or himself to watch the engine; in case the Engineer performs this service, he shall be paid $1.24 per hour for time so engaged; in case of inspection trips, it is understood that this rule will apply only at points where train is tied up for the night. Engineers going to some intermediate point to get a circus train, or returning from such point after delivering a circus train, will be paid actual time, or mileage, whichever is the greater, from the time they leave the terminal until they leave with the circus train, or vice versa. (See letter agreement of July 16, 1948, No. 56, page 105.) (j) Engineers handling demonstration or educational trains will be paid 160 miles at through freight rates, with overtime after 11 hours and 12 minutes, for each move; it being understood that a move shall be considered as from starting point to tie-up point, from tie-up point to the next tie-up point, and so on. If held at any point other than their home terminal for 24 hours or more, they will be paid 100 miles for each complete 24-hour period so held; it being understood that the provisions of the held-away-from-home-terminal and tied-up-between-terminal rules shall not apply to Engineers in this service. (See letter agreements of: June 10, 1946, No. 29, page 88; June 11, 1946, No. 30, page 88; July 5, 1946, No. 31, page 89; November 25, 1947, No. 48, page 101; July 16, 1948, No. 55, page 104, and July 21, 1948, No. 61, page 107.) |
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ARTICLE 17.(a) In computing time, Engineers will be allowed 100 miles per through trip in each direction between Temple and Cleburne, Cleburne and Gainesville; also between Paris and East Dallas, Somerville and Cleveland, Bellville Yard and Houston via Alvin, Silsbee and Port Bolivar for trains which make those points their terminals. For straight trips between Brownwood and San Angelo 100 miles will be allowed, unless more than 100 miles are made, then actual mileage will be paid. (b) Initial Terminal Delay -- Section 11 -- Through Freight Service -- National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (1) Initial terminal delay shall be paid on a minute basis to engineers in through freight service after one (1) hour and fifteen (15) minutes unpaid terminal time has elapsed 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, according to the class of engine used, 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. 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 one (1) hour and fifteen (15) minutes after which initial terminal delay payment begins. Note: The phrase "through freight service" as used in this rule does not include pusher, helper, mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, circus train (paid special rates or allowances), road switcher, district runs, local freight and mixed service. (2) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid. (3) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty. (c) (Final Terminal Delay--Freight Service Section 13--National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) (1) In freight service all time, in excess of 30 minutes, computed from the time engine reaches switch, or signal governing same, used in entering final terminal yard track where train is to be left or yarded, until finally relieved from duty, shall be paid for as final terminal delay; provided, that should train be stopped because of yard conditions at final terminal, or by a preceding train waiting in or to enter yard, final terminal delay, in excess of 30 minutes, shall be computed and paid for from the time first so stopped until finally relieved from duty. Note: The phrase "that should train be stopped because of yard conditions at final terminal, or by a preceding train waiting in or to enter yard..." means that should a train arrive at such switch or signal and other trains arrive and stand behind waiting to enter such yard, final terminal delay will be computed for all such trains from the time each train is so stopped. (2) Where mileage is allowed between the point where final terminal delay time begins and the point where finally relieved, each mile so allowed will extend by four and eight-tenths (4.8) minutes the thirty minute period after which final terminal delay payment begins. (3) All final terminal delay, computed as provided for in this rule, shall be paid for, on the minute basis, at one-eighth (1/8th) of the basic daily rate, according to class of service and engine used, in addition to full mileage of the trip, with the understanding that the actual time consumed in the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this rule. (4) When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty. (5) This rule shall not apply to pusher, helper, mine run, shifter, roustabout, transfer, belt line, work, wreck, construction, road switcher or district run service. This rule shall not apply to circus train service where special rates or allowances are paid for such service. Note: The question as to what particular service is covered by the designations used in paragraph (5) shall be determined on each individual railroad in accordance with the rules and practices in affect thereon. (6) In local freight service, time consumed in switching at final terminal shall not be included in the computation of final terminal delay time. (d) After road overtime commences, final terminal delay shall not apply and road overtime shall be paid until finally relieved from duty. Note: The phrase "relieved from duty" as used in this rule includes time required to make inspection, complete all necessary reports and/or register off duty. (e) Excepting payments under rules applying to work performed at initial and final terminals, and to final terminal delays, all arbitraries and special allowances applying to road service other than passenger, under rules, regulations, or practices, which conflict with the payment of single time, in miles or hours, from the time required to report for duty until released from duty at the end of the trip shall be eliminated. (f) Where the special payments under the rules, regulations, or practices which are retained under Section (e) have been allowed independently or separately from the trip, they will continue to be so allowed, but at the former rates. NOTE: -- In calculating the time engaged in switching under the rules, regulations or practices which are retained under Section (e), 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. (See letter agreements of: December 31, 1934, No. 4, page 66, and April 27, 1938, No. 5, page 68.) (g) Engineers will receive for switching and hostler work compensation per day, at the rate of 12½ miles per hour, as follows: Honey Grove, three hours; Pauls Valley, two hours; East Dallas and Dallas, one hour; Sulphur, two hours; Shawnee, one hour for passenger trains only; Matagorda, one hour; Sealy, one hour; Longview (for passenger trains 201 and 202), one hour; Kirbyville (for passenger trains 291 and 292), one hour; Oakdale, one hour; Beaumont, one hour; Conroe, one hour; San Augustine, one hour; Sterling City, one hour; Lometa, one hour; Eden, one hour. This applies to regularly assigned trains which have terminals at these points where no Hostlers are employed, it being understood that this additional time shall be added to the eight hours per day before overtime on the run shall accrue, except at Dallas and East Dallas. Time consumed in taking engine to designated track not to be paid for at these points when Engineer is paid for hostling. (See letter agreements of: November 14, 1932, No. 2, page 64; December 7, 1942, No. 15, page 78; June 7, 1946, and February 26, 1947, No. 27, page 87; June 10, 1946, No. 28, page 88; November 30, 1946, No. 42, page 95; June 29, 1948, No. 51, page 102; July 19, 1948, No. 58, page 106; July 19, 1948, No. 59, page 106, and June 11, 1949, No. 66, page 112.) (h) Engineers of through, local or mixed freight trains required to do switching service, for thirty minutes or more, at their terminal will be paid extra for such service at the rate of 12½ miles per hour; thirty minutes or over, and less than one hour, will be computed as one hour. (i) In computing special allowances, other than initial and final terminal delays, any fraction of an hour less than thirty (30) minutes shall not be counted, thirty (30) minutes or more shall be counted as one hour. (j) Except on Duff, Venable, Wayne and Horton Hills, engines will be rated according to the tonnage they can haul between and over the various grades on the district to which assigned. If at any time engines are unable to handle their rating, and have to double, mileage of all doubles will be added to mileage of trip, and they will be allowed to reduce train at the next maximum grade by setting out empties or low grade freight after first securing permission from Train Dispatcher, through their conductors, which should be done before reaching the next maximum grade. If necessary, day operators should be called in order to get such permission, and Engineers will report cause of engine failure to the Master Mechanic on arrival at terminal. (See letter agreement of July 9, 1946, No. 38, page 91.) (k) When Engineers are required to make an emergency side or lap-back trip between their terminals, miles made will be added to the mileage of the regular trip and paid for on continuous basis. This will not permit running crews into and out of initial or final terminal, except as specifically provided for in other rules of this agreement. (See letter agreements of: November 27, 1946, No. 40, page 94, and October 14, 1947, and June 10, 1949, No. 47, page 100.) (l) Engineers required to make 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. |
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ARTICLE 18.Engineers on all engines regularly assigned to helper service between designated points, one of which will be designated as home terminal for such service, shall be paid as per Section (a), (f) and (g) of Article 16. Time of Engineers in helper service commences at the time required to report for duty and will end when engine is placed on designated track or Engineer is released, and in case they are not called into service within any twenty-four-hour period they will be allowed eight hours pay; if an Engineer shall have been in actual service less than eight hours, and for any reason of his own does not render further service, actual miles or hours, whichever is the greater will be allowed. (See letter agreements of: July 3, 1946, No. 35, page 90, and July 26, 1948, No. 36, page 91.) | |||||||||
ARTICLE 19.Engineers in pool or irregular freight service may be called to make short trips and turn-arounds, with the understanding that one or more turn-around trips may be started out of the same terminal and paid actual miles, with a minimum of 100 miles for a day, provided, (1) that the mileage of all the trips does not exceed 100 miles, (2) that the distance run from the terminal to the turning point does not exceed 25 miles, and (3) that Engineers 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 first in, first out rule or practice. (See letter agreement of March 18, 1942, No. 14, page 77.) | |||||||||
ARTICLE 20.(a) Engineers on branch runs will make as much mileage on such branches as business requires and each day in engine service, if the mileage made does not equal 100 miles, 100 miles will be paid for. If more than 100 miles are made, actual mileage will be paid for. Engineers assigned to branch runs will be paid actual mileage or hours, whichever is the greater, in addition to branch mileage, for service performed off the branch to which they are assigned, except when making short runs for fuel or water. If no service is performed on branch on dates performing service off the assigned branch, pay will be made as per Article 15, Article 16, and Article 19, as the case may be. (b) On branch runs where engines do not run into terminals where repairs can be made on engine, Engineer will be paid 77 cents per hour for doing necessary work on his engine not pertaining to his calling as an Engineer; Mechanical Superintendent to be judge as to this. (See letter agreements of: April 28, 1937, No. 7, page 69; July 28, 1944, No. 17, page 80, and April 9, 1945, No. 22, page 83.) | |||||||||
ARTICLE 21.(a) Engineers on regularly assigned work trains (trains that are on for seven consecutive days or more) shall receive one day's pay for each day when not called for duty, including Sunday. Engineers engaged in irregular work service shall receive one day's pay when not called for duty, including Sunday. (b) Engineers of all work trains, when required to do so, will run through terminals without regard to crews of other districts. No work or ballast train will be allowed turn-around rates, as per Article 19. (c) The company shall furnish watchman to care for engines in regular work train service in all cases and for engines in irregular work train service at the very first opportunity. Engineers in irregular work train service will arrange for either their Firemen or themselves to care for the engines until arrival of the watchman; in case the Engineer performs the service, he shall be paid $1.24 per hour for the time so engaged. (See letter agreement of July 3, 1946, No. 34, page 90.) | |||||||||
ARTICLE 22.YARD SERVICE.Rates of Pay.(a)
Weights on all power driven wheels will be added to the weight on drivers of locomotives that are equipped with boosters, and the weights so produced by such increased weights shall fix the rates for the respective classes of service. NOTE: -- Where locomotive is equipped with trailer truck booster, the total weight on all trailer wheels will be added. Where locomotive is equipped with tender booster, total weight on truck so equipped will be added to weight on drivers. Steam locomotives of the 4-8-4 and 2-10-4 type to be reclassified for pay purposes by being moved into next higher wage bracket. Above rate table revised in conformity with Section 2 of the National Conference Committee Settlement of August 11, 1948. See page 114. Basic Day.(b) Eight hours or less shall constitute a day's work. Overtime.(c) (1) Except when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off; or where exercising seniority rights from one assignment to another; or when extra men are required by schedule rules to be used (any rules to the contrary to be changed accordingly), all time worked in excess of eight hours' continuous service in a 24-hour period shall be paid for as overtime, on the minute basis, at one and one-half times the hourly rate, according to class of engine. This rule applies only to service paid on the hourly or daily basis and not to service paid on mileage or road basis. (2) (Section 9 of National Conference Committee Settlement of August 11, 1948, effective October 1, 1948.) Overtime rate in yard service -- Extra engineers.Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on a minute basis at one and one-half times the hourly rate. In the application of this rule, the following shall govern: (a) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis. (b) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term "road service", as used in this paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.) (c) Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift. A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which his basic day was paid for at the pro rata rate. (d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work following such change. (e) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were in the same grade of service, except where there is another man available to perform the work at pro rata rate. Assignments.(d) Engineers shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew. So far as is practicable, assignments shall be restricted to eight hours' work. Starting Time.(e) (1) Regularly assigned yard crews shall each have a fixed starting time and the starting time of a crew will not be changed without at least twenty-four (24) hours' advance notice. (2) Where three 8-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 A.M. and 8 A.M.; the second 2:30 P.M. and 4 P.M., and the third 10:30 P.M. and 12 midnight. (3) Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in Paragraph 2. (4) Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 A.M. and 10 A.M., and the second not later than 10:30 P.M. (5) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in Paragraphs (2) or (4). (6) At points where only one yard crew is regularly employed, they can be started at any time, subject to Paragraph (1). (7) Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour from periods above provided. (8) Exceptions to starting time rules may be agreed upon by the management and general committee to cover local service requirements. Calculating Assignments and Meal Periods.(f) The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a unit, without regard for preparatory or individual duties. Point for Beginning and Ending Day.(g) Provisions of existing rules that there shall be a specified point for either going on or off duty, or both, are not affected by anything herein; but schedules having no such rules shall be modified to provide that yard crews shall have a designated point for going on duty and a designated point for going off duty. (h) The point for going on and off duty will be governed by local conditions. In certain localities instructions will provide that engine crews will report at the hump, others report at yard office, others at engine houses or ready tracks. It is not considered that the place to report will be confined to any definite number of feet, but the designation will indicate a definite and recognized location. Lunch Time.(i) Yard crews will be allowed 20 minutes for lunch, between 4½ and 6 hours after starting work, without deduction in pay. Yard crews will not be required to work longer than 6 hours without being allowed 20 minutes for lunch, with no deduction in pay or time therefor. Arbitraries and Special Allowances.(j) Where it has been the practice or rule to pay a yard engine crew or either member thereof arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after the end of the regularly assigned hours, such practice or rule is hereby eliminated, except where such allowances are for individual service not properly within the scope of yard service, or as provided in Section (k). (k) Where regularly assigned to perform service within switching limits, yard men shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service. NOTE: -- A road crew is available when rest is up and is subject to call. (See letter agreements of: November 27, 1946, No. 41, page 94; July 16, 1948, No. 54, page 104, and July 19, 1948, No. 60, page 106.) (l) When road Engineers are temporarily used in yard service, wages and conditions of yard service will apply. (m) Engineers who are assigned to and operate shop-yard engines will be paid the yard rates of wages and operated under the yard-service rules. This order is without prejudice to the seniority rights of employees who are now assigned to shop-yard engines. Only as vacancies occur and new positions are created for Engineers they will be filled from the seniority rosters of the Engineers. (See letter agreements of: July 3, 1946, No. 37, page 91, and July 10, 1946, No. 39, page 92.) |
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ARTICLE 23.(a) Except as otherwise provided in this Article, vacancies for Switch Engineers will be posted for a period of four (4) days at all terminals on the territory affected, and the senior Engineer making application in writing for same will be assigned. Engineers in yard service prior to December 1, 1919, will be known as permanent Switch Engineers and will rank as senior Engineers in yard service, but will hold no rights in road service. (b) Permanent Switch Engineers have Division rights under each Master Mechanic and, excepting as restricted by Paragraphs 1, 2, 3 and 5 of this Section (b), may exercise those rights in applying for posted vacancies. (1) Permanent Switch Engineers will have designated home yards and will be restricted in the exercise of seniority to such home yards, except in bidding for posted vacancies, or as provided in paragraph 2; it being understood that a permanent Switch Engineer making application for and accepting assignment to a posted vacancy in other than his home yard will establish the new yard as his home yard. (2) Any permanent Switch Engineer who is unable to hold a regular switch engine in his home yard by right of seniority shall have the right to exercise his seniority in any yard on his division, but when a regular job again becomes available in his home yard, he may return and take same in preference to senior Engineers not then employed in his home yard; it being understood that after a permanent Switch Engineer elects not to return to his home yard under those circumstances, he establishes the new yard as his home yard and cannot then avail himself of the privilege of returning to his original yard under the provisions of this paragraph. (3) A change of two hours or more in the starting time of any shift, or a change from an eight-hour shift to a nine-hour shift, or vice versa, will give the affected Switch Engineer, if a permanent Switch Engineer, the right to exercise his seniority and take any shift in the yard that is held by a junior Engineer; if a road Engineer, the right to exercise his seniority. The surrendered shift will be posted in that yard only. (4) Switch engines placed in service for more than five consecutive days will be posted as per Section (a) of this Article. (5) When the working days of a yard assignment are increased or decreased, that assignment will be declared vacant and posted in that yard only. (6) Switch engine assignments reduced to less than six days per week will not be considered regular assignments. If such assignments have been held by permanent Switch Engineers, they may, if they so desire, surrender them and take any shift in the yard held by a junior Engineer. If those assignments are held by road Engineers, they may, if they so desire, surrender them and exercise their seniority. (c) There shall be no more extra permanent Switch Engineers assigned to the respective yards than are necessary to properly man the engines. Should the extra permanent Switch Engineers feel themselves aggrieved by the assignment of too many extra permanent Switch Engineers to the yard in which they are employed, they may complain in writing to the Master Mechanic, who, should the circumstances warrant, will equalize the board by transferring extra permanent Switch Engineers to other yards on that Division, if vacancies exist therein. If a further reduction of the board is necessary, and an application for such reduction is signed by not less than fifty (50%) per cent of the men affected, the Master Mechanic will lay off the youngest permanent Switch Engineer in that yard. Men so displaced will retain their seniority as permanent Switch Engineers, provided they return to service as such when called upon by the Master Mechanic. (d) In order to provide employment for Engineers and/or Firemen who may become incapacitated for service as such but are able to render efficient service as Hostlers, the Company has reserved the right to fill fifty (50%) per cent of the Hostlers' positions from the ranks of incapacitated Engineers and/or Firemen, as vacancies occur, in preference to men not incapacitated; it being understood that Engineers accepting positions as Hostlers under this Section will be governed by the rates of pay and working conditions provided for such positions in the agreement between the Company and its Firemen. Should an incapacitated Engineer become able to return to service as Engineer, his former rights will be restored, and he must return to such service. (See letter agreement of January 26, 1949, No. 64, page 108.)
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