EXCERPTS FROM VARIOUS AGREEMENTS AFFECTING
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No. 1 -- Letter Agreement--August 10, 1931. "1. The oldest freight engineer may file a written waiver of his right to extra or relief passenger service, but cannot pick and choose and must accept or waive all such work to which he is entitled. Likewise, the second oldest freight engineer and so on down the list; with the proviso that junior qualified engineers must protect the service and will not be permitted to waive. It is understood that engineers may waive their rights to motor car service without waiving rights to other passenger service. When motor car service is waived, such engineers will not be called for steam service operated in emergencies on trains to which motor cars are regularly assigned. "2. Such waivers must be in writing, and, in order to prevent what might seem to be sharp practice by individuals, once filed cannot be cancelled until thirty days or more after their dates; subject always to the Company's right to use such engineers in emergencies when others are not available. "3. The right of the oldest freight engineer to displace the freight engineer first taking the run is to pass to the oldest freight engineer who has not waived his extra passenger rights. In other words, if the first and second engineer on the list have waived, and the fifth engineer takes a passenger run because he is the oldest engineer available at the time the vacancy occurred, the third engineer (the oldest who has not waived) is to displace the fifth engineer as soon as the run can be given to him without expense to the Company. "4. I said to you that I would not object to this interpretation, but that I would not agree that men not working out of the terminal where the passenger service originates are 'available' for such service. In order to protect that feature, it is understood that engineers assigned to outlying runs are not available for passenger service out of the home terminal, and do not have the right to lay off of their assigned runs in order to make themselves available. In other words, and using the case before us as an example, engineer Boyle, who is next oldest to engineer Gilbert and who was assigned to a freight run out of Houston, claimed the right to lay off and come to Galveston for the purpose of displacing a junior engineer who had caught a passenger run as the oldest available engineer. This, of course, would have necessitated the deadheading of an engineer to and from Houston to relieve engineer Boyle, and was not permitted by the Master Mechanic. It is understood that engineer Boyle, so long as he is assigned to a run which does not terminate at Galveston, has no right to extra passenger work originating at Galveston. "Finally, it is understood that the oldest freight engineer who has not waived his rights to extra passenger service, and who takes a run in accordance with this understanding, is to retain the same until the regular man returns, or until an assigned extra passenger engineer becomes available, and that he is not subject to displacement on that run by an older freight engineer who may withdraw a waiver theretofore filed. In other words, under the example cited in item 3, the third engineer cannot be displaced by the first or second engineer, even though the latter withdrew their waivers before the regular engineer returns." |
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No. 2 -- Letter Agreement -- November 14, 1932. "As I understand the case, the postal authorities require that the postal space in the motor car shall be available to them at the passenger station at least one hour in advance of scheduled departing time, and that, in order to comply with this requirement and since the elimination of the hostlers at Somerville, the engineer-motorman has been required to report for duty one hour five minutes in advance of scheduled leaving time of train 217 to move the motor car from the roundhouse to the station. I do not understand that the advance reporting required of these engineer-motormen is in any way in violation of the engineers' agreement, or that there is any other contention that the matter is being improperly handled. "I said to you in our conference that I would authorize the payment of one hour at one-eighth of the daily rate to these engineer-motormen, effective when the service was first required of them and continuing only so long as the service continues to be required of them. This means that the allowance will be made only on train 217, and that no claim has been or will be made for such terminal movements as may have been or may be required of the engineer-motorman on train 218; in other words, we will allow an arbitrary of only one hour for whatever service may be performed in connection with both trains at Somerville, with road time on train 217 to commence one hour after time of reporting for duty." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 3 -- Letter Agreement - -April 3, 1933. "When the departing or arriving time specified in the then current time table, at either terminal of an assignment, is changed as much as three hours or more in one time table change, the engineer holding such assignment may surrender it and exercise his seniority; provided, such engineer so notifies the Master Mechanic in writing prior to the effective date of such time table change. This means that if an engineer performs service on a changed assignment without having notified the Master Mechanic in writing of his desire to surrender it, it shall be assumed that he has elected to remain on the assignment, and he shall not thereafter have the right to surrender it because of that particular time table change. "This amendment contemplates- "(a) -- that assignments so surrendered are to be posted as per Section (a), Article 4, of the Engineers' Agreement; "(b) -- that only time table changes are to be considered; "(c) -- that the change of three or more hours is not to be cumulative, but must become effective in one issue of the time table; "(d) -- that either the departing or the arriving time at one terminal must be changed as much as three hours or more before an affected engineer shall have the right to surrender the assignment; in other words, a change of two hours in the departing time and one hour in the arriving time, for example, accords no rights under this amendment; "(e) -- that, if the assignment reaches a home terminal or point where an Engineers' extra board is maintained, the engineer desiring to surrender it will do so at that point, the assignment to be protected by extra engineers or as otherwise provided in the agreement during the posting period; and "(f) -- that, if the assignment does not reach a home terminal or point where an Engineers' extra board is maintained, the engineer desiring to surrender it will remain thereon during the posting period and until his successor relieves him; it being distinctly understood that deadhead expense to the Company shall not be increased by reason of this amendment." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 4 -- Letter Agreement -- December 31, 1934. "Understanding for Future Application of Terminal
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No. 5 -- Letter Agreement -- April 27, 1938. "When trains have been made up at terminals and, after the road engine is coupled to the train, it is discovered that the train includes bad order, no-bill and/or out of route cars, or in any other manner is improperly made up, the yardmaster or other supervisor in charge may require either the road engineer and fireman or a yard crew then working and immediately available to perform the work of setting out and/or picking up that is necessary to correct the error. If a yard crew is required to perform the work, the road engineer and fireman will move their engine out of the way and thereafter return to the train without extending their switching time, if any. If the road engineer and fireman are used to perform the work, it is to be considered terminal switching under the interpretation effective January 1, 1935, and, if sufficient time accrues as a result thereof, is to be compensated for under the terminal switching rules of the respective agreements; it being understood that the switching time will be extended until the engine is again coupled to the train, and it being agreed that, when road engineers and firemen are so used, yard engineers and firemen shall have no claim for penalty compensation as a result thereof." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 6 -- Letter Agreement -- April 29, 1936. "* * *, it was agreed that qualified firemen from the firemen's extra board, when available, will hereafter be used to messenger motor cars moving dead in trains, and will be paid for such service the minimum passenger firemen's rate with a minimum of one hundred miles for each tour of duty; other conditions in Section (b), Article 24, of the Firemen's Agreement, and interpretation thereof or practices thereunder, to apply. It was understood that, to be qualified for this service, a fireman must have passed all examinations for service as engineer-motorman, and that the first in first out rule applicable to extra boards does not apply thereto. If qualified firemen are not available on the firemen's extra board, the Carrier is free to use shop or other employees for this service and without regard to this understanding. Finally, it was understood that no penalty claims will be presented or paid because firemen have not heretofore been used for this service, and that this understanding is applicable for the future only." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 7 -- Letter Agreement -- April 28, 1937. "Sections (a), Articles 20, of the respective Agreements, reading: 'Engineers (Firemen) 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 (Firemen) 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.' will hereafter be applied only to engineers and firemen assigned to turnaround service and having only one terminal." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 8 -- Letter Agreement -- May 7, 1937. "1. Effective as of 12:01 a.m., March 1, 1937, the following Fort Worth & Rio Grande Engineers were accepted by the Gulf, Colorado and Santa Fe and continued in service on the Dublin and Menard Districts, with seniority dates as shown:
(For purposes of identification as a group, these Engineers will be referred to herein as Transferred Engineers, while other Engineers will be referred to as Santa Fe Engineers.) "2. Because some of them have seniority as Engineers, I am also listing certain Fort Worth & Rio Grande Firemen who were likewise accepted by the Gulf, Colorado and Santa Fe and continued in service on the Dublin and Menard Districts, as of 12:01 am., March 1, 1937:
(* - Since deceased.) (For purposes of identification as a group, these Firemen will be referred to herein as Transferred Firemen.) "3. The agreement between the Gulf, Colorado and Santa Fe Railway Company and its Engineers, last revised as of February 1, 1930, has been or will be made applicable to the Transferred Engineers as of 12:01 a.m., March 1, 1937, and, subject to the understandings hereinafter stated in Paragraph 7, will thereafter apply to all service operated wholly or partially over the Dublin and Menard Districts. "4. The following shall govern the future rights and status of the Transferred Engineers: "(a) They shall be subject to the same examination and re-examination requirements as are Santa Fe Engineers; "(b) They shall be accorded the same privileges and gratuities as may from time to time be accorded Santa Fe Engineers; it being understood that, solely for the purpose of determining eligibility for such privileges and gratuities, former service with the Fort Worth & Rio Grande Railroad shall be considered service with the Gulf, Colorado and Santa Fe Railway; "(c) Their seniority stated herein applies only to the Dublin and Menard Districts, and to service operated wholly or partially over those Districts. As to all other Districts, they shall be considered as having seniority, both as Engineer and Fireman, only from 12:01 a.m., March 1, 1937, which seniority shall be established at Brownwood home terminal; "(d) They shall have prior rights, in the order of their respective seniority, to all service operated exclusively on the Dublin and Menard Districts; "(e) If and when there is not sufficient regular service operating exclusively on the Dublin and Menard Districts to provide employment for all of the Transferred Engineers, those unplaced shall have prior rights to regular service operating partially over the Dublin and Menard Districts and partially over other Districts, but shall be required to return to exclusive service on the Dublin and Menard Districts whenever such becomes available; "(f) If and when there is not sufficient regular service operating wholly or partially on the Dublin and Menard Districts to provide employment for all of the Transferred Engineers, those unplaced must remain on an Engineers' extra board for the Dublin and Menard Districts, with prior rights to relief or extra service operating wholly or partially over these districts, as long as they can earn the minimum mileage stated in Section (b), Article 8p, Engineers' Agreement. If and when they become unable to earn such minimum mileage, they may assume the status of Transferred Firemen and return to service as such in accordance with their seniority as Firemen; provided that, after such return to service as Firemen, there will not then be more than seven (7) Transferred Firemen on a Firemen's extra board restricted to service on the Dublin and Menard Districts. They must resume service as Transferred Engineers as soon as regular service as such becomes available, or it becomes necessary to increase the Engineers' extra board under the mileage limitations stated in Section (b), Article 8½, Engineers' Agreement. "5. (Amended by letter agreement of August 26, 1937, No. 9, page 74.) The Transferred Firemen shall not be entitled to extra or relief service as Engineers, and they shall only be entitled to promotion when there occurs a permanent vacancy in the ranks of the Transferred Engineers due to death, dismissal, retirement, or any other cause. Such permanent vacancy shall belong to the Transferred Fireman having the most seniority as Engineer, who will thereafter be considered a Transferred Engineer with the rights and status stated herein. "6. The following shall govern the rights of Santa Fe Engineers to service operating wholly or partially over the Dublin and Menard Districts: "(a) Subject to the prior rights of any Transferred Engineer who may be working from an Engineers' extra board, they shall have exclusive rights to temporary vacancies on positions belonging to Transferred Engineers; "(b) After the prior rights of the Transferred Engineers have been satisfied, they shall be entitled to all extra or irregular service operating wholly or partially over the Dublin and Menard Districts; "(c) (As amended by letter agreement of October 23, 1940.) After the prior rights of the Transferred Engineers have been satisfied, regular assignments operating wholly over the Dublin and Menard Districts, or between points wholly on the Dublin District and Cleburne, via Cresson, shall be divided as follows: first assignment on the Dublin District will belong to Temple and Brownwood home terminals; the second assignment shall belong to Cleburne home terminal; the third assignment to Brownwood and Temple home terminals; and so on; assignments on the Menard District to which Santa Fe Engineers may be entitled will belong to Brownwood and Temple home terminals. Future vacancies and/or new assignments shall be posted only to the Transferred Engineers (subject to paragraph 4 hereof) and to the home terminal or terminals then entitled to the assignment, and shall be filled in the manner specified in Article 4 of the Engineers' Agreement; it being understood that Santa Fe Engineers in this service may displace each other in accordance with the seniority rules of the Engineers' Agreement; i.e., an engineer on an assignment belonging to Cleburne home terminal will be subject to displacement by a Cleburne engineer only, but an assignment belonging to Brownwood and Temple home terminals jointly the engineer will be subject to displacement by either Temple or Brownwood engineers. Assignments shall be reduced in number on the same basis so as to maintain as nearly as possible the equal division between the three terminals, the uneven numbered assignments on the Dublin District always belonging to Brownwood and Temple. "(d) Subject to the prior rights of any Transferred Engineer who may be working from the Engineers' extra board, extra or relief service originating at Brownwood belongs to Brownwood home terminal, and extra or relief service originating at Cleburne or Fort Worth belongs to Cleburne home terminal, it being understood that Brownwood Engineers in extra or relief service may not be displaced by Cleburne Engineers, or vice versa. "7. (See letter agreement of April 14, 1943, No. 10, page 76.) The following understandings govern as to other features of our contemplated service over or in connection with the Dublin and Menard Districts: "(a) All freight engineers shall receive and deliver their engines on roundhouse tracks, in accordance with Santa Fe practice; "(b) Passenger engineers shall receive and deliver their engines on roundhouse tracks at Fort Worth without arbitrary compensation therefor; "(c) If and when required, passenger engineers shall receive and deliver their engines on roundhouse tracks at Brownwood, and shall be allowed an arbitrary of one hour at pro rata rates for moving their engines between the roundhouse and passenger station tracks; "(d) Fort Worth switching limits are extended to include that portion of the Dublin District between Birds and Belt Junction; switching service in that territory to be performed by Fort Worth yard Engineers without penalty compensation, and without protest or claims from road Engineers; "(e) (See letter agreement of July 21, 1945, No. 11, page 76.) The Company has the right to operate freight service, regular or extra, between Cleburne and Brownwood via Cresson on a continuous time basis; "(f) The Company has the right to operate way freight service between Brownwood and Sterling City, through San Angelo, on a continuous time basis." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 9 -- Letter Agreement -- August 26, 1937. "Your jointly signed letter July 13, asking that the so-called Transferred Firemen on the Dublin and Menard Districts be used to relieve the Transferred Engineers on jobs held by the latter. While our investigation was in progress, Mr. Crawford made the verbal statement that it was your intent that this should be done without cost to the Company, and he later, on August 17, confirmed that statement in writing, stating that he was authorized to also speak for Mr. Rodgers in this regard. "The matter was discussed in some detail with Mr. Crawford on August 2, at which time I gained the impression that what is desired might be stated in the following language: "1. Whenever one of the Transferred Engineers lays off temporarily for any reason, and there is a qualified Transferred Fireman available at the point where relief is desired, the Transferred Fireman is to be used regardless of senior Santa Fe Engineers who might likewise be available; "2. If more than one qualified Transferred Fireman is available, the senior is to be used and is to retain the job in accordance with the Engineers' Agreement; "3. If no qualified Transferred Fireman is available and a Santa Fe Engineer is used, the latter may be displaced by any qualified Transferred Fireman who may later make himself available, but only at the terminal where the Santa Fe engineer took the assignment; "4. The Transferred Firemen are to be used only when it can be done without cost to the Company in excess of that which would be involved in the use of a Santa Fe Engineer; and "5. There are to be no other changes in the restrictions placed upon the rights of the Transferred Firemen by the letter agreements of May 7, 1937. "It seems to me that it is going to be difficult to adopt your request without increasing the Company's expenses, but I have concluded to give it a trial, for experimental purposes only and subject to the Company’s right to cancel it and return at its pleasure to the procedure contemplated by the letter agreements of May 7, 1937. It must be understood, however, that that feature of the request protecting the Company against any increase in its costs will be applied literally, and that the Company does not assume any obligation to notify these Transferred Firemen of the existence of temporary vacancies to which they might be entitled under this plan. I have in mind the situation wherein a Transferred Engineer is now working between Cleburne and Brownwood. I understand this engineer lays off rather frequently, and he is being relieved without cost to the Company by using an engineer from the Cleburne extra board. I am not willing to agree that a Transferred Fireman holding an assignment out of Fort Worth will be used to relieve this Transferred Engineer even though he makes himself available at Cleburne without cost to the Company, because it would then be necessary to deadhead a fireman from Cleburne to Fort Worth to relieve the Transferred Fireman, thus causing an increase in the Company's costs. This means briefly, that we will continue to use Santa Fe Engineers for relief purposes on assignments operating out of Cleburne, but will use the Transferred Firemen for such purposes at Fort Worth and Brownwood when they are available." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 10 -- Letter Agreement -- April 14, 1943. "(4) That, effective as of the date of this letter agreement, Cleburne engine crews operating through Fort Worth in either direction on continuous trips between Cleburne and Brownwood shall be paid on a continuous time or mileage basis from time of reporting for duty at Cleburne or Brownwood to time of release from duty at Brownwood or Cleburne. On continuous trips made by Cleburne engine crews through Fort Worth to or from points on the Dublin District north of Brownwood, the same basis of payment will apply, i.e., continuous time or mileage from time of reporting for duty to time of release from duty. "(5) The foregoing contemplates no change in our present practices with respect to protection of extra or relief service on the Dublin District." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 11 -- Letter Agreement -- July 21, 1945. "On the basis of your verbal assurance that your request to permit Dublin District chain gang engine crews to run into Cleburne via Cresson as we are now operating the chain gang train crews does not contemplate any change in the established practices other than to permit the regular pool crews to run into Cleburne as they now run into Fort Worth, I am agreeable to trying out the arrangement and Messrs. Lohmann and Mozley have been advised accordingly. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 12 -- Letter Agreement of August 3, 1939. "* * * it was the practice on the Gulf and Northern Divisions to use assigned branch line engine crews, if and when available, to protect any work train service that may be operated during periods when service on such branch lines is disrupted by washouts or otherwise, nothwith standing the provisions of Section (c), Article 2, of the Engineers' Agreement, and a similar rule in the Firemen's Agreement. * * * * it was agreed that we would adopt the same practice on the Southern Division, and that the organizations would protect the Company against any claims that such service should be protected by the respective extra boards." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 13 -- Letter Agreement -- March 5, 1941. "As I understand it, that portion of Section (d), Article 8, of the Engineers' Agreement, quoted by you requires a freight engineer, who catches a passenger run when the regular engineer lays off, to remain on the run until the regular engineer returns; that certain Northern Division passenger runs have layover periods of eight days and some Southern Division runs have lay-over periods of four days; that occasionally a freight engineer catching one of these runs is required to lay-over at the terminal during such periods. I interpret your request as merely contemplating that a freight engineer catching one of these runs shall be permitted to return to his regular freight assignment when the passenger run he is protecting is due to lay over for either four or eight days and that, if the regular passenger engineer has not returned when the run is again due to go out, the vacancy will be protected as provided in the rule; further that such concession is not to apply to any other runs or to any lay-over periods of less than four days. "Mr. McQuillan states he does not object to such handling, consequently, if you will confirm my interpretation of your request, we will arrange to have the procedure promptly made effective." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 14 -- Letter Agreement of March 18, 1942. "During conference in my office, March 16, it was tentatively agreed, subject to the approval of Mr. Ball, that the crew assigned to the Beaumont-Silsbee turnaround freight run may be required to make an extra turn in addition to its regular assignment, and when so used compensation will be allowed as follows: "If the train is ready to leave on the second trip prior to the expiration of eight hours from the time of first reporting for duty, the crew will be paid on the continuous time basis from the time of first reporting for duty; if the train is not ready to leave the terminal on the second trip until after the expiration of eight hours from the time of first reporting for duty, such second trip will be paid for separately with a minimum allowance of 100 miles. On those dates on which the crew is paid on the basis of separate trips, the arbitrary allowance of one hour provided for in Section (g), Article 17, will apply only on the first trip. "In instances where the crew is not definitely released at Beaumont between trips, the first trip will be considered as having ended at the time as of which the crew completes performance of duties incidental to such first trip and the time of the second trip will begin at the time the crew starts performance of service incidental to such second trip. The time as of which the train is ready to leave the terminal on the second trip (which is the time to be used in determining whether the crew is to be paid continuous time or on the basis of separate trips) will be the time as of which the train is made up and ready to leave the terminal. "Mr. Ball has approved the proposal with the understanding that it applies only to this particular run and is not to be considered as establishing a precedent concerning operation of any other assigned runs and is without prejudice to either party's interpretation of and of the rules in the Engineers' or Firemen's Agreement." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 15 -- Letter Agreement -- December 7, 1942. "Under the circumstances, I am agreeable to reinstating the former practice of having the engineer handle the motor car between the depot and the tie-up track on both the incoming and the outgoing trips and to re-establish the allowance of the arbitrary hour (at Oakdale) effective as of December 1, 1942." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 16 -- Letter Agreement -- July 19, 1944. "It was understood that when necessary to use employees who have had prior service, and the employee standing first out for such service is not used, such employee will be paid a run-around if the employee actually used performs the required service in less time than the first out employee had to his credit under the Federal Hours of Service Law. If the employee used consumes more time than the first out employee had to his credit the run-around rule will not apply. "The term 'required service' means either a single trip terminal to terminal, or a double, i.e., a trip terminal to terminal and doubling back to the original terminal, as the case may be. For example: "(1) The employee standing first out at 'A' has nine hours prior service when a crew is needed for a single trip 'A' to "B", for which the first out employee is not called; if the employee actually used makes the trip in seven hours or less, the employee standing first out at 'A' is entitled to a run-around. If the employee actually used consumes more than seven hours in making the trip 'A' to 'B', the employee standing first out is not entitled to a run-around. This also applies to a continuous trip 'A' to an intermediate point and return to 'A'. "(2) The employee standing first out at 'C' has seven hours prior service leaving nine hours available time under the Hours of Service Law, when a crew is needed for a trip 'C' to 'D' and to double back to 'C', for which service the first out employee is not called; if the employee actually used is on duty nine hours or less under the Hours of Service Law in making the trips 'C' to 'D' and return, the employee standing first out at 'C' will be entitled to a run-around. If the employee actually used is on duty under the Law more than nine hours on the trips 'C' to 'D' and return, the employee standing first out at 'C' is not entitled to a run-around. "(3) The employee standing first out at 'E' has had eight hours prior service when a crew is needed to make a trip 'E' to 'F' and double back to 'E', for which the first out employee is not called; if the employee actually used makes the trip 'E' to 'F' say in six hours and is not brought on duty to double back out of 'F' within less than eight hours from his time of arrival thereat, the employee standing first out at 'E' would be entitled to a run-around." |
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No. 17 -- Letter Agreement of July 28, 1944. "Referring to previous correspondence and our several discussions concerning method of compensating crews on the two regularly assigned Houston-Alvin turn-around freight runs: "This matter was brought up during conference on other matters in Mr. Ball's office July 18th to 21st, inclusive. In connection with other settlements made at that time, it was agreed that we will discontinue our former practice of paying the engine crews on those two runs on a continuous time basis when required to make extra trips in addition to their regular assignments, and instead will make separate payment when required to make extra trips Houston to Alvin and return, in addition to their regular assignment, * * *." "It is understood that this settlement applies only to the crews on the two Houston-Alvin freight runs and does not establish a precedent in any way in connection with any controversies that may arise in future concerning other assignments." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 18 -- Letter Agreements -- September 11, 1944 and March 1, 1949. "When an extra Engineer or Fireman is needed for service at an outlying point and the man who is standing in line for the call lays off or misses such call, he will, when he reports for duty, be required to protect the job for which he had been called or for which he would have been called if he could have been located, and his deadheading to and from the outlying point shall be without expense to the Company. The extra man sent in his place to protect the outlying job will receive deadhead pay to and from the outlying point." "* * * the letter agreement of September 11, 1944, subject: 'Interpretation Article 12, Section (d), Engineers' and Firemen's Agreements' was intended to apply only to the first man standing in line for a call who lays off or misses such call, and with the understanding that if any other men standing below the first man also miss the call or lay off to avoid accepting it their cases would be governed by the provisions of Section (d), Article 12, of the Engineers' and Firemen's Agreements. In other words, they would not be required to go to the outlying point to protect the job in question but would not be permitted to report for duty for a period of twelve hours from the time of missing the call or laying off, as provided in the rule referred to." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 19 -- Letter Agreement of January 4, 1945. "Investigation develops that the established practice has been to require engineers or firemen bumping in on system rights (passenger) jobs to make a displacement at the home terminal of the run, except on the Southern Division where, in some instances, those making such displacements have been required to go to the home terminal of the individuals they elect to displace. It was agreed that the plan in effect on the other divisions of making displacements at the home terminal of the run will be made effective on the Southern Division, with the understanding that this will result in no increased expense to the Company; in other words, that no compensation will be due for deadheading resulting from such displacements." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 20 -- Letter Agreement of January 4, 1945. "It was agreed that "(1) In Instances where it becomes necessary to transfer extra engineers or firemen from one home terminal extra board to another to protect periods of rush business under the provisions of Section (c), Article 8, of the Engineers' and Firemen's Agreements, the temporary employment will be offered to qualified available employees, including available furloughed employees, as contemplated by that rule, but where such offer of temporary employment is not accepted, the junior employees on the extra board will be required to transfer. Where practicable, the extra boards will be increased sufficiently to permit the required number of junior employees to be taken from the extra board and sent to the terminal where needed. "(2) Engineers or firemen who voluntarily accept transfer to the away-from-home-terminal extra board will not be paid for deadheading, but those who are compelled to accept the transfer will be paid for the deadheading. "(3) Upon arrival at the away-from-home-terminal their names will be placed on the extra list and they will take their turns first-in first-out with the other employees assigned to that extra board. "(4) The held-away-from-home-terminal rule will apply to extra employees during the period they are held on the away-from-home-terminal extra board. "(5) While working off of the away-from-home-terminal extra board, the transferred employees will not be considered in the application of the last paragraph Section (a), Article 4, or Section (a), Article 8, of the Engineers' and Firemen's Agreements, so long as there are any home terminal engineers and firemen on the respective extra boards. In other words, in the absence of an application for a posted job, whether at the home terminal or an outlying point, the youngest home terminal engineer or fireman (as the case may be) will be required to take the job and the borrowed engineers and/or firemen are not to be considered. "(6) In the event all of the home terminal engineers and/or firemen are assigned to regular jobs at a time when it becomes necessary to apply either the last paragraph, Section (a), Article 4, or Section (a), Article 8, the youngest borrowed engineer or fireman (as the case may be) will be required to protect the vacancy under the same conditions that would have applied if a home terminal engineer or fireman had been available; the 'youngest' borrowed engineer or fireman to be determined by the order in which they are first assigned to the extra board after being borrowed, seniority of the borrowed men at their respective home terminals not to be considered. If a borrowed engineer or fireman is sent to an outlying run or job and makes request to be returned to the home terminal in accordance with the rule, he may be so returned if and when additional engineers or firemen (as the case may be) are borrowed, the youngest of whom, determined in the same manner, to be sent to relieve him; all such movements to be without payment for deadheading. In any event, if, and when, a home terminal engineer or fireman becomes available on the extra board he must be sent to relieve the borrowed engineer or fireman on the outlying job and will thereafter hold it in accordance with the rules. "(7) The stated manner of determining the 'youngest' borrowed fireman for purposes of Articles 4 and 8 does not contemplate that reductions in the number of borrowed engineers and/or firemen must be made in the order of their relative standing on the away-from-home-terminal extra board. The borrowed men, having no seniority at the away-from-home terminal, may be returned to their respective home terminals without regard to the length of time they have worked at the 'borrowing' terminal; the order of their return to be dependent upon the circumstances obtaining at the time." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 21 -- Letter Agreement of February 8, 1945. "* * * we will discontinue the former practice of running chain gang engine crews through San Augustine on a continuous time basis; hereafter, when such crews are run through San Augustine they will be paid separately for the service on each side thereof. "This agreement is to apply only to the operation of chain gang crews through San Augustine; otherwise, to be without prejudice to established practices or either party's interpretation of the governing rules." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 22 -- Letter Agreement of April 9, 1945. "During conference today, it was agreed to comply with your request that extra service on the Weatherford District be protected by extra engine crews, instead of using the regularly assigned crew to protect extra trips. It was further agreed that such handling would not in any manner prejudice the Carrier's position with respect to application of the so-called Branch Line Rule, Article 20 of the Engineers' and Firemen's Agreements, or be considered as establishing a precedent in connection with the protection of extra service on any other Branch Line run." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 23 -- Letter Agreement of April 11, 1945. "It was mutually agreed that the letter of January 4, 1945, was not intended to restrict the right of a transferred man to bid on any vacancies in his class arising on the territory on which he holds rights, but, on the other hand, it was intended to regulate assignments on jobs governed exclusively by the home terminal rights of the 'borrowing' terminal." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 24 -- Letter Agreement of November 7, 1945. "This will confirm understanding reached during conference on October 18th, namely, that in the absence of a designated basic day for deadhead service, held-away-from-home-terminal time accruing under the provisions of Article 26 of the Engineers' and Firemen's Agreements to employees who deadhead into an away-from-home terminal on a passenger train will be calculated at the rate of 20 miles per hour, and for those who deadhead into the away-from-home terminal on other trains such time will be calculated on the basis of 12½ miles per hour." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 25 -- Letter Agreement of November 16, 1946. "All relief for engineers and/or firemen in service on regularly assigned runs on the Lometa-Eden Branch shall be protected by the Brownwood engineers' and firemen's extra boards during the first six months of each calendar year and by the Temple engineers' and firemen's extra boards during the last six months of each year. "If, during the first six months' period, a vacancy occurs on such regularly assigned runs for which no bids are received, the junior engineer or fireman, as the case may be, on the Brownwood extra board shall be assigned to such vacancy. If an engineer or fireman, who has been so assigned from the Brownwood extra board, is still protecting the assignment at the end of the first six months' period, such assignment shall be reposted as vacant, effective as of July 1st, and if no bids are received, the junior engineer or fireman on the Temple extra board shall be assigned to the run; likewise, if at the end of the last six months' period an extra engineer or fireman, who was so assigned from the Temple extra board is protecting the run, the assignment shall be reposted as vacant, effective as of January 1st and, if no bids are received, the junior engineer or fireman, as the case may be, on the Brownwood extra board will be assigned to the run. "I am agreeable to adoption of this method of handling with the understanding that if it becomes necessary, under the above interpretation, to post the run as vacant for an engineer or fireman at the end of a six months' period, such vacancy will be posted sufficiently in advance of the end of that period as to make it possible to place the successful bidder or, in the absence of a bid, to place the youngest extra man on the assignment as of the first day of the succeeding period. Also, with the further understanding that adoption of this program is to be without additional expense to the Company, and any deadheading caused thereby, either as a result of posting of the run or from an exchange of extra man as between the two terminals, will be considered as deadheading in the exercise of seniority, for which no compensation will be allowed." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 26 -- Letter Agreement of June 4, 1946. "It was agreed that hereafter unless and until the respective governing rules are changed, Articles 10 of the Engineers', Firemen's, Conductors' and Trainmen's Agreements, and 15 of the Yardmen's Agreement, shall be interpreted as contemplating: "1. Except as provided in Item 4 hereof, employees disciplined shall not be compensated for attending such investigations unless such discipline is found to be unjust. "2. Employees not disciplined, and who are not required to deadhead to or from the place where the investigation is held, will be reimbursed for any loss of earnings resulting from attendance at such investigation. "3. Employees not disciplined, and who are required to deadhead to or from the place where the investigation is held, will be compensated for loss of earnings or for deadheading, whichever is the greater. "4. Employees disciplined by reprimand or demerit marks only, and who are required to deadhead to or from the place where the investigation is held, will be compensated for such deadheading. "5. There is no provision in the respective agreements requiring compensation for living expenses. "6. Loss of earnings shall be determined on the following bases: "(a) For crews assigned to regular runs or jobs, lost earnings shall be the earnings of their assignments on days not permitted to work thereon. "(b) When all members of a pool freight train or engine crew are required to attend formal investigations, and their caboose or turn becomes first out and is due to depart while they are not available, the caboose or turn will be placed at the bottom of the board and following crew used. If the crew becomes available for service and goes on duty before the crew used in its stead returns to the terminal, lost earnings shall be the one-way trip made by the substitute crew; if the substitute crew returns to the terminal before the crew attending the investigation becomes available for service and goes on duty, lost earnings shall be the earnings of the substitute crew. "(c) If less than all members of a pool freight train or engine crew are required to attend a formal investigation, and their caboose or turn becomes first out and is due to depart while they are not available, the caboose or turn will be run in its turn with extra men replacing those held for the investigation; the latter to await return of the caboose or turn and lost earnings shall be the earnings of the extra men used in their stead. "(d) Extra conductors, engineers, firemen, brakemen and yardmen required to attend a formal investigation, and who become first out and due for service while unavailable, will be removed from the board and paid a minimum day (at helper rates for yardmen, passenger rates for conductors or brakemen assigned to passenger extra boards, and through freight rates for all others) for each calendar day that they are held, and when released will be placed at the bottom of the board. "(e) Employees eligible for emergency service in higher grades shall not be available therefor while attending investigations or awaiting return of their caboose or turn, and lost earnings shall be calculated solely as provided herein." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 27 -- Letter Agreements -- June 7, 1946, and February 26, 1947. "It was agreed that hereafter the road engine crews on through passenger trains at Temple may be required to handle the picking-up and/or setting-out of head end baggage and/or mail cars with the road engine as a part of their road trip for which they will be allowed one hour at one-eighth of the daily rate, according to class of engine; * * * * "This will confirm understanding reached during conference on the 20th instant, at which time it was agreed this claim would be disposed of by payment of one hour pro rata rate to Messrs. Roberts and Newby for handling the head-end work on Train No. 75 at Temple on December 13, 1946, with the understanding that the terms of the letter agreement of June 7, 1946, covering payments to road engine crews on through passenger trains for picking up and setting out head-end cars at Temple would be extended to trains having terminal at that point when crews on such latter trains are required to perform similar work." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 28 -- Letter Agreement of June 10, 1946. "It was agreed that each of the above claims would be disposed of by payment of one hour at pro rata road rates on the dates referred to and that such payment will be made to members of road engine crews who may hereafter be required to turn their engines on the wye at Alvey Jct., San Angelo, Texas." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 29 -- Letter Agreement of June 10, 1946. "It was agreed that, unless and until an agreement is reached to the contrary, the practice of requiring Dublin District road crews to deliver their trains to Saginaw will be discontinued." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 30 -- Letter Agreement of June 11, 1946. "It was agreed that the following work performed by road freight crews within the switching limits at Fort Worth would not be considered as yard work or, except as otherwise provided in paragraph (b), as entitling either road or yard crews to extra compensation therefor: "(a) Road freight crews passing through Fort Worth on either straight-away or turn-around trips may make one straight pick up and one straight set out at one point or one straight pick-up at one point and one straight set-out at another point within the switching limits, in addition to which the road crews may detach road engine from train at one point within the switching limits to enable yard engine to switch train and then return road engine to train after yard engine completes work thereon. "(b) Dublin District road freight crews may make one straight pick-up at Birds on outbound trip after getting train from make-up track and may make one straight setout at Birds on inbound trip before delivering remainder of train to receiving track; no change to be made in the present practice of applying the terminal switching rule to Dublin District crews that make pick-ups or set-outs at Birds, the latter basis of payment being continued solely because of the established practice at Fort Worth and with the understanding that it does not establish a precedent and is not to be referred to in connection with pick-ups and set-outs at any other points or terminals. "NOTE: The term 'straight set-out' and 'straight pick-up', as used in (a) and (b) above, mean a set-out of cars in one block on one track or a pick-up of cars in one block first out on one track provided the track used will hold the set-out or pickup; when the track used will not hold the set-out or pick-up, cars may be placed on or picked-up from such additional track or tracks as are necessary to hold the remainder of the set-out or pick-up;" "Nothing herein contemplates that road crews may pick up cars at one point within the switching limits and deliver them to another point within the switching limits at Fort Worth." (See letter agreement No. 31, of July 5, 1946, which follows.) |
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No. 31 -- Letter Agreement of July 5, 1946. "It was agreed that if a bad order car should be discovered in a train while within the switching limits at Fort Worth, such bad order car will be set-out by a yard crew if one is immediately available, otherwise the road crew may set-out the bad order car; if the set-out is made by a yard crew, the road crew will move its engine out of the way and return it to the train. In either event, the operation will not be counted as a set-out under the terms of the letter agreement of June 11th or as in violation thereof." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 32 -- Letter Agreement of June 15, 1946. "* * * hereafter road train and engine crews in chain gang or extra service will be run first-in first-out of their terminals over their respective districts. For example, if two or more crews are called for service in their turn, the crew standing first out will be used on the first train in chain gang or extra service, as the case may be, departing from the terminal for movement over the district for which the crew was called to perform service. Where the operation of this agreement results in a crew being taken off of the train for which called and then used on another train, this will not constitute a call and release, and no penalty payment or additional compensation is to be allowed because of failure to use the crew on the train for which called." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 33 -- Letter Agreement of June 15, 1946. "* * * hereafter when one member of a train or engine crew calls for rest, the entire crew will be held until that member's rest is up. In such instances the crew will hold its turn until the rest period is up but following crews may run-around the crew laying over for rest, and when so run-around no payment will be due under the run-around rule." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 34 -- Letter Agreement of July 3, 1946. 'Claim of Engineer R. A. Cheatham and Fireman T. C. Lemmons for continuous time, July 3rd, to July 5th, inclusive work Extra 4050, View to Brownwood.' "It was agreed that this case would be withdrawn with the understanding that hereafter extra engineers and firemen will be used to handle temporary work train service." (This will not affect letter agreement of August 3, 1939, No. 12, page 76.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 35 -- Letter Agreement of July 3, 1946. "* * * it was agreed that hereafter Conductor-Pilots and chain gang engine crews used in irregular helper service between Brownwood and Coleman may be run Brownwood to Coleman to Bangs to Coleman to Brownwood on a continuous time basis, and, when so operated, payment will be allowed on the basis of a minimum of 150 miles, overtime to accrue after the expiration of 12 hours. Not more than one intermediate turn Coleman to Bangs and return will be permitted on such trips." (See letter agreement No. 36, of July 26, 1948, which follows.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 36 -- Letter Agreement of July 26, 1948. "* * * hereafter when Conductor-Pilots and/or chain gang crews are used in irregular helper service Brownwood-Coleman and return and after arrival at Coleman, are run to San Angelo Junction and to a point on the San Angelo District within the designated helper territory and return to Brownwood, but without making an intermediate Bangs turn, payment will be made on the basis of the mileage Brownwood to and from the turning point on the San Angelo District, with a minimum of 100 miles, plus an additional allowance of 50 miles for the lap-back San Angelo Junction to Coleman and return. When crews in such irregular helper service are run Brownwood to Coleman to Bangs and return to Coleman or San Angelo Junction and, in addition, run to some point on the San Angelo District within the designated helper territory, they will be allowed 150 miles for the trip Brownwood to Coleman and return, including the intermediate Bangs turn, plus actual mileage for the trip San Angelo Junction to the point on the San Angelo District and return." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 37 -- Letter Agreement of July 3, 1946. "* * * hereafter when making delivery of cars to the Galveston Wharf Company the so-called West end cars will be delivered in the "B" Yard and East end cars in the East Yard. When making delivery, if the track used will not hold entire delivery, the Santa Fe crew will double over only the excess cars in making delivery. The Santa Fe crews may be required to shove into a partially occupied track, it being understood that a partially occupied track which will not hold the entire delivery will only be used when there is no unoccupied receiving track in the yard. When delivery is shoved to an occupied or unoccupied track it will be shoved only to clear switch entrance thereto." (The above will not change the past practice of yard crews setting out perishables on the so-called elevator switch tracks--letter agreement of September 7, 1946.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 38 -- Letter Agreement of July 9, 1946. "It was agreed that tonnage rating sheets will be published for each district for each class of engines assigned thereto, the ratings to be shown separately between tonnage breaking points on the respective districts." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 39 -- Letter Agreement of July 10, 1946. "On April 28, 1937, the Railway Company, with the approval of the Santa Fe Tie and Lumber Preserving Company, entered into an agreement with the General Chairmen of the Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive Firemen and Enginemen and the Brotherhood of Railroad Trainmen, reading in part: 'It was then agreed that the so-called dinkey engines and locomotive cranes operated by the Santa Fe Tie and Lumber Preserving Company would hereafter be restricted to the following movements of standard gauge cars '(a) So-called condemned cars which cannot be lawfully handled by railroad power; '(b) Cars being loaded or unloaded by the locomotive cranes while such loading or unloading is in progress; and '(c) From pile to pile only of cars of mixed material being loaded or unloaded by manual labor.' "As a supplement to that Agreement, and in clarification of its meaning as to Items (b) and (c), it was further agreed in conference today with you and the respective General Chairmen, above referred to, that: "1. Except as otherwise provided herein, the yard engine will place loads and empties on tracks on which they are to be unloaded or loaded, as the case may be, and will pick up any outbound loads or empties that are ready to move. "2. Except as hereinafter provided in this section, the railway company will assign a yardman (foreman) to work in the Tie Plant yard on each shift during which the Tie Plant is in operation to assist, when immediately available, in the handling of standard gauge cars (other than so-called condemned cars) moved from track to track by the Tie Plant self-propelled equipment; this will not prevent such movement of cars by Tie Plant employes and equipment without the assistance of the yardman when the latter is not immediately available. The assignment of a yardman will not be required on shifts on which no standard gauge cars (other than the so-called condemned cars) are handled by the Tie Plant self-propelled equipment. "3. When necessary to move a car out of a track to the lead to get crane on other end of car to complete the loading or unloading of said car by crane, such moves will be made by employees in charge of crane, except that when yardman assigned as herein provided is immediately available, the yardman will handle switches for such move or moves. "4. When necessary to move a car from the track upon which same was loaded or unloaded to an adjacent track to permit a crane to get to the next car in the track to unload or load same, the yardman assigned as herein provided for, when immediately available, will handle switches for the crane or cranes in making such move or moves. "5. Nothing herein will prevent cranes from moving a loaded car out of a track so that crane can get to some point on the track with empties to be loaded for rush shipment, nor from replacing the moved car after the empties have been loaded; also, nothing herein will prevent a car made empty and needed for rush shipment from being placed by crane on track where it is to be loaded, instead of being placed on an adjacent track. "6. When a car being moved by crane is to be loaded or unloaded on two or more tracks, the yardman assigned as herein provided for, when immediately available, will be used to handle switches for crane or cranes in making such move or moves. "7. No unfair advantage will be taken of the provision 'when immediately available' and those in charge will make every effort possible to work out a plan so that the yardman, assigned as herein provided, will be immediately available to perform work as set forth in Items 2, 3, 4, 5, and 6; on the other hand, the work is not to be unnecessarily delayed awaiting arrival of the yardman. "8. Nothing herein shall be construed as hampering in any way the free movement of Tie Plant self-propelled machines by Tie Plant employes, without assistance of the yardman, when such movements are made either light or when handling only Tie Plant owned cars (condemned or narrow gauge), or the moving and replacing of standard gauge cars when this may be necessary to make track space available for such movement of Tie Plant equipment and cars. "9. This supplemental agreement definitely and completely disposes of any and all controversies concerning performance of switching service by employees of the Santa Fe Tie & Lumber Preserving Company, including controversies relative interpretation and application of Awards 10256 and 10282, First Division, National Railroad Adjustment Board, which is its sole purpose; it is not to be construed as establishing a precedent and it is agreed that it is not to be used or referred to by either party in connection with any other controversy concerning use of privately owned self-propelled equipment by any other industry or Tie Plant." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 40 -- Letter Agreement of November 27, 1946. "Claims of Cleburne chain gang crews for payment on basis of separate trip when run Dallas to Celeste and return in following instances, and for subsequent dates when Cleburne crews similarly operated Cleburne through Dallas to Celeste and return:
"DISPOSITION: Payment to be allowed on basis of separate trip when crews were called for Cleburne-Dallas turn and not notified until after departure from Cleburne they would be required to go to Celeste, and on basis of continuous time or miles when so notified prior to departure from Cleburne." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 41 -- Letter Agreement of November 27, 1946. "It was agreed, for the purpose of disposing of these controversies, that the understanding outlined in letter agreement of July 3, 1946, which provided that 'hereafter extra engineers and firemen will be used to handle temporary work train service', applies to temporary or irregular work trains as defined in Article 21 of the Engineers' and Firemen's Agreements, and that it does not prevent performance of work train service for short periods of less than a full day's duration by yard crews as a part of their day's work. "Yard crews required to perform work train service for short periods in addition to work in yard service will be allowed extra compensation therefor, at pro rata work train rate for the actual time consumed in work train service, with a minimum of two hours, this to be in addition to their regular yard pay and without any deduction therefrom for the time consumed in work train service. "Example (1): A yard crew going on duty 8:00 AM unloads screenings 10:00 AM to 11:00 AM, released 4:00 PM; allowed minimum of two hours (25 miles) at work train rate, in addition to minimum day at yard rate. "Example (2): A yard crew going on duty 8:00 AM unloads screenings 1:00 PM to 3:30 PM, released 4:00 PM; allowed two and one-half hours (31 miles) at work train rate, in addition to minimum day at yard rate. "Example (3): A yard crew going on duty 8:00 AM unloads screenings 3:00 PM to 4:40 PM; allowed minimum of two hours (25 miles) at work train rate, in addition to 8'40" at yard rate." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 42 -- Letter Agreement of November 30, 1946. "IT WAS AGREED: "A -- Head-end Switching Passenger Trains--Brownwood. "That portion of the letter agreement of April 29, 1936, concerning 'switching passenger trains Nos. 75, 76, 77 and 78 at Brownwood' is cancelled with the understanding that road engine crews on passenger trains operating into and/or out of Brownwood, Texas, may be required to handle the picking up and/or setting out of head end cars with the road engine as a part of their road trip, for which they will be allowed one hour at one-eighth of the daily rate according to class of engine used. It was agreed that the Company is privileged to require this service of either the incoming or outgoing crews, and with the understanding that two hours will be allowed should the work require an incoming crew so used to remain on duty more than one hour twenty-nine minutes after arrival at the passenger station or an outgoing crew so used to remain on duty more than one hour twenty-nine minutes after reporting for duty. It was understood that the allowance authorized herein ill apply only so long as the work is required and only to the crew performing that work; the Company reserving the right to discontinue the requirement and the allowance at its option. "This agreement to be made effective as of April 1, 1946, and to permanently dispose of all claims and controversies arising out of the performance of the head-end passenger work by road crews at Brownwood prior to that date. "B -- * * * * *. "C -- Protection Extra Passenger Service. "The following will govern protection of extra passenger service effective December 9, 1946: "(1) Extra passenger service originating at home terminals is to be protected by an extra passenger crew as defined in Sections (d) and (e), Article 8, of the Engineers' Agreement and Section (e), Article 8, of the Firemen's Agreement. "(2) Extra passenger service originating at intermediate points, other than Houston, shall be manned by an extra passenger crew, and where necessary to run the power light or with buffer between the terminal and the intermediate point, the extra passenger crew will be used on the light movement, such light movement to be combined with the passenger trip and paid for on a continuous time basis at the applicable rate of pay under Section (a) of Article 24, with the exception that extra passenger crews handling light engines between Cleburne and Fort Worth to doublehead on Train 28 or after having doubleheaded on Train 27 shall be paid for such light movement as per Section (f) of Article 15. "Extra passenger service originating at Houston will be manned in accordance with the manner in which the crew is sent from the home terminal; if it deadheads, doubleheads a passenger train or runs light as a section of a passenger train, it is to be a passenger crew; if it doubleheads a freight train or runs light or with buffer not as a section of a passenger train, it is to be a freight crew and will take its turn with chain gang crews upon arrival at the away-from-home terminal. "(3) An extra passenger crew arriving at an away-from-home point or terminal in extra passenger service will not be used in return movement in freight service except in emergency; such crews may be used in return movement (a) in extra passenger service, (b) doublehead on passenger train, (c) deadhead, or (d) if the away from home point or terminal is not a home terminal for an extra board or for chain gang crews, the extra passenger crew may be used in return movement on engines running light or with buffer, with the proviso that, if more than one freight district is involved, such crews will not be run light or with buffer beyond the first chain gang terminal unless run as a section of a passenger train. "(4) Extra passenger service originating at away-from-home terminals shall be manned in accordance with the manner in which the crew is sent from the home terminal. If the crew deadheads, doubleheads on passenger train or runs light as a section of a passenger train it is to be a passenger crew; if it doubleheads a freight train or runs light not as a section of a passenger train, the first out chain gang crew will be used. If a passenger crew is used it is to handle the service for which it was sent from the home terminal and is to have the same status at the away-from-home terminal as is specified above for crews handling extra passenger service out of the home terminal; if it is a freight crew, it is to take its turn with chain gang crews on arrival at the away-from-home terminal and the extra passenger service is to be protected by the chain gang crew first out when that service is operated, regardless of whether that first out crew is the one sent from the home terminal. If such first-out crew returns to the away-from-home terminal it is to again take its turn with the chain gang crews. If this causes an excess of crews at the away-from-home terminal, the one first out is to be deadheaded to the home terminal even though that first out crew is not the one that handled the extra passenger service." |
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No. 43 -- Letter Agreement of January 8, 1947. "It is agreed that a road crew may be assigned to perform switching work at Carthage and vicinity, such crew to be assigned as a switcher with headquarters at Carthage performing such switching work as may be required at that point and in the territory Beckville to Gary, both inclusive; the crew so assigned, in addition to performing switching at Carthage, will make such number of trips into and out of that point and over all or any part of the assigned district as the business may require, and will be paid on a continuous time basis, from the time of reporting for duty until time of release at the end of the day’s work, at switcher rates of pay. Sleeping quarters in the way of a bunk car or box car caboose will be made available for the engineer, fireman and conductor before the assignment is made effective. "The arrangement outlined herein is agreed to solely because of the existing conditions at Carthage and vicinity and it is understood that it is not to be considered as establishing a precedent and that it will not be referred to by either party in connection with controversies that might arise concerning similar conditions at other locations." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 44 -- Letter Agreement of July 7, 1947. "Referring to your several discussions with Mr. Lawler concerning interpretation of Section (f), Article 1, of the Engineers' Agreement, and Section (i), Article 1, of the Firemen's Agreement, which rules read: '(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.' "As I understand it, you desire that the last sentence thereof shall not be construed as preventing the cutting off in reduction of force of the junior engineer on the engineers' working list who may have bid in a yard job or been forced on same due to the absence of bids, nor as preventing recall to the engineers' extra board, in their seniority order, of demoted engineers who have bid in switch engineers' vacancies under the authority contained in the rules referred to, and with the understanding that a switch engineer's assignment vacated under such circumstances will be promptly posted and the man then occupying such assignment may remain thereon during the posting period by immediately filing bid for same; if he does not file bid for the assignment, it will be protected during the posting period by the junior engineer from the home terminal extra board; any deadheading resulting from this interpretation of the rule to be without expense to the Company." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 45 -- Letter Agreement--July 7, 1947. "Hereafter, when reductions in the engineers' extra board are in order, the reduction will be effected by cutting off the required number of the youngest men at the bottom of the home terminal working list, regardless of whether they are on the extra board or holding regular assignments. If this results in cutting off men on regular assignments, the latter are to be displaced by the junior available men remaining on the extra board, with the exception that if any of the men to be cut off are holding yard jobs, such jobs shall be posted with the understanding that the engineer on the job at the time of the reduction will be permitted to remain thereon during the posting period, if he so desires, by immediately filing bid for the assignment under the provisions of Section (f), Article 1, of the Engineers' Agreement. If he does not desire to remain on the assignment he may give it up and be relieved during the posting period by the junior available man from the home terminal extra board. "Any deadheading resulting from this interpretation of the rule is to be without expense to the Company." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 46 -- Letter Agreement of September 17, 1947. "The file reflects the facts in this case are that the regularly assigned engineer on the so-called Sulphur run laid off at Alvin on April 11, 1947. No extra engineers were available and Mr. M. A. Bailey, who was fireman on the Sulphur run, was the senior available emergency engineer. He was accordingly used as relief engineer on the assignment, and an extra fireman was deadheaded from Galveston to Alvin to protect the fireman's assignment. On April 14th, Engineer Schnelle became available and went to Alvin to displace Mr. Bailey from the engineer's assignment. The latter resumed his assignment as fireman and the extra fireman was returned to Galveston. "* * *. "During conference on the 10th instant it was agreed that under the circumstances obtaining in this case, and in view of prior settlements made in other similar cases, Engineer Schnelle would be paid for deadheading from Alvin to Galveston on April 16th but not for the deadheading from Galveston to Alvin on the 14th; that the extra fireman would be paid for deadheading from Galveston to Alvin on April 11th but not for deadheading back from Alvin to Galveston after being displaced as a result of Engineer Schnelle having taken the engineer's job." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 47 -- Letter Agreements--October 14, 1947 and June 10, 1949. "As I understand the matter, the Conductors', Engineers' and Firemen's Committees are agreeable to considering Butlerburg as being within the switching limits of Conroe and switching thereat may be performed by the local crews without penalty, either lap-back or otherwise. With this understanding, the Company is agreeable to complying with the request of the enginemen that through freight service between Silsbee and Somerville, including trains 238-239, be operated with chain gang crews. Arrangements are therefore being made to make these understandings effective at the earliest convenient date possible, which should be within the next few days." "* * * through freight crews operating from Silsbee to Somerville will not hereafter be required to go back to Butlerburg from Conroe to make a pick up, except in extreme emergency involving our own line." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 48 -- Memorandum of Agreement--November 25, 1947. "IT IS AGREED: "1. The South Yard limit board of the Houston Belt & Terminal will be placed at the CTC signal, located 522 feet south of T&NO-GC&SF crossing at Tower 81, it being understood that the connecting track between the GC&SF and the T&NO main tracks at Tower 81 is included within the Houston Belt & Terminal yard limits." "6. This agreement will remain in effect, subject to thirty (30) days' written notice from either party, as provided in Section 6 of the Railway Labor Act. "SIGNED AT HOUSTON, TEXAS, this twenty-fifth day of November, 1947." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 49 -- Letter Agreement of April 14, 1948. "It was agreed that the crew assigned to the switcher run established September 15, 1947, will make as many trips into and out of Houston or Alvin and/or any other station on the Houston Branch line as the business may require for the purpose of performing switching or handling cars to or from any station or industry on the Houston Branch; the crew assigned to this run to be paid on a continuous time basis at switcher rate of pay from time of reporting for duty until time of release at the end of the day's work. "This switcher is not to be used hereafter to handle connections for Trains 37, 38, 39 or 40, nor to handle over ten (10) through cars between Houston and Alvin on any date; if required to handle more than ten (10) such through cars on any date, the members of the crew will be allowed 100 miles in addition to other time earned on such date. "It was understood that this agreement is to be applicable only to this particular assignment and is to be without prejudice to the position of either party with respect to application of side and lap-back rules in connection with any other runs." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 50 -- Letter Agreement of June 29, 1948. "* * * effective July 6, 1948, hostling of passenger engines between roundhouse and passenger station at Fort Worth will be handled by hostlers and hostler helpers; this settlement to be without prejudice to either party's position relative necessity for assigning outside helpers to work with outside hostlers and is not to be referred to in connection with any claims involving that question at any other points on the Gulf Lines." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 51 -- Letter Agreement of June 29, 1948. "It was agreed, in order to clear this case from the docket and without prejudice to the position of either party, that the case would be disposed of by an allowance of one hour for each date on which the engine crew is required to turn the motor car or steam engine, as the case may be, after completion of trip on Train No. 81 Brownwood to Menard. This settlement to be effective February 8, 1946." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 52 -- Letter Agreement of June 30, 1948. "* * * hereafter movements of engines in distribution of power will be handled by chain gang crews. This does not apply to engines moving to and from shops as referred to in Article 24 (b) of the Firemen's Agreement." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 53 -- Letter Agreement of July 1, 1948. "* * * the GC&SF Railway Company (hereinafter referred to as Santa Fe) and the StLSW Railway Company of Texas (hereinafter referred to as Cotton Belt) are jointly and equally purchasing the right of way and trackage in the former Blue Bonnet Ordnance Plant at McGregor, Texas, and will operate such trackage as a joint facility. "The two roads have agreed to alternate, in periods of equal length, in the handling of the switching necessary to serve the industries that are now or may hereafter be located on or adjacent to the joint trackage referred to. "It was understood and agreed by and between us, and effective as of the date the property is turned over to the two roads by the War Assets Administration:
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No. 54 -- Letter Agreement of July 16, 1948. "It was agreed that hereafter when yard crews are instructed by proper authority (Trainmaster or Yardmaster or their representatives) to push or help road trains in yards each member of such yard crew will be allowed one hour at one-eighth of their daily rate in addition to other time earned on that date." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 55 -- Letter Agreement of July 16, 1948. "It was agreed that hereafter when necessary to double trains in yards account road engine unable to handle the train, the road crew will yard the front end of the train and a yard crew, if available, will yard the rear end of the train. If a yard crew is not available and the road crew is required on instructions of proper authority (Trainmaster or Yardmaster or their representatives) to yard the rear end of the train, all members of the road crew will be allowed two hours at one-eighth of their daily rate in addition to other time earned on the day or trip, no claims to be presented by yard crews in such instances." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 56 -- Letter Agreement of July 16, 1948. "It was agreed that, because of the peculiar circumstances connected with the operation of the Colburn Rodeo Special passenger trains, the movement of those specials on districts where the crews are required to load or unload the Rodeo outfit will be handled by chain gang crews; members of train crews handling such movements to be paid a minimum of 160 miles at through freight rate and overtime on the minute basis at a rate per hour of 3/16ths of the daily rate if held on duty after 11'12" for each such trip terminal to terminal, including loading and unloading of the Rodeo outfit. Members of engine crews will be compensated in accordance with the provisions of Section (i), Article 16, of the Engineers' Agreement and Section (j), Article 16, of the Firemen's Agreement. * * * this settlement is to be without prejudice to either party's position with respect to application of the circus train rules and is not to be referred to in connection with any other controversies relative application of those rules." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 57 -- Letter Agreement of July 19, 1948. "It was agreed all claims incident to the assignment of Dallas as home terminal for crews on trains 43, 44, 49, 50 would be withdrawn with the understanding that Cleburne will be re-established as home terminal for those runs effective as of August 1, 1948. It was also agreed that with Cleburne as home terminal, the Company has the option of assigning the crews on those trains either on straightaway basis or on turnaround continuous time basis and may assign both on the same basis or one straightaway and the other turnaround, the assignment on either basis to be subject to change as conditions justify. It was further agreed that this settlement will not prejudice in any way the present assignment of crews on Trains 238-239 between Beaumont and Silsbee, there being no protest or controversy concerning the assignment and compensation of crews Beaumont to Silsbee and return on continuous time basis." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 58 -- Letter Agreement of July 19, 1948. Group 6"63. Claim of Engineer J. H. Springer for day in yards, Train No. 73 at Temple, September 6-8-10, 1946, and all subsequent dates engine crews are required to turn or handle motor car around wye for return movement to Brownwood. Group 14"136. Claim of Engineers on Trains 201 and 202 for one hour hostling service, Longview. "Because of the similarity in the operations, it was agreed that each of the above claims would be disposed of by an allowance of one hour at one-eighth of the daily rate as per Section (g), Article 17, of the Engineers' and Firemen's Agreements effective as of July 16, 1948, with an allowance of one-half hour for the period of the claims prior to that date or retroactive to September 6, 1946, in Case No. 63 and to April 11, 1945, in Case No. 136. This special allowance will apply only on dates on which the road engine crews are required to perform the work in controversy." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 59 -- Letter Agreement of July 19, 1948. "* * * it was agreed that road engine crews on passenger trains may be required to handle the picking up and/or setting out of head end baggage and/or mail cars with the road engine at Fort Worth as a part of their road trip, for which they will be allowed one hour at one-eighth of the daily rate according to class of engine; this payment to be made effective July 16, 1948." (See letter agreement No. 27, page 87.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 60 -- Letter Agreement of July 19, 1948. "* * * hereafter when yard engine crews are required to handle and remain with the Store Department crane while picking up rail and miscellaneous scrap for the supply train they will be allowed extra compensation therefor at pro rata rate with a minimum of two hours in addition to their regular yard pay and without any deduction therefrom for the time consumed in handling the crane. No extra allowance will be made in instances where the supply train crew picks up scrap, etc., in intermediate yards without detaching the crane from the supply train." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 61 -- Letter Agreement of July 21, 1948. "It was agreed that the following work performed by road freight crews within the switching limits at Dallas will not be considered as yard work or as entitling either road or yard crew to extra compensation therefor: "Northward crews may make one straight pick-up and Southward crews one straight set-out at Hale in addition to which the road crews may detach road engine from train at one other point within the switching limits to enable yard engine to switch train and then return road engine to train after yard engine completes work thereon; yarding of inbound train on and removing of outbound train from designated track at Dallas on turnaround trips will not be considered as a set-out or pick-up under this agreement. "Nothing herein contemplates that road crews may pick-up cars at one point within the Dallas switching limits and deliver them to another point within such switching limits. "NOTE: The terms 'straight set-out' and 'straight pick-up', as used above, mean a set-out of cars in one cut on one track or a pick-up of cars in one cut first out on one track provided the track used will hold the set-out or pick-up; when the track used will not hold the set-out or pick-up, cars may be placed on or picked up from such additional track or tracks as are necessary to hold the remainder of the set-out or pick-up. "It is understood that the so-called 'Cleburne cut off' will not be used as a pick-up track when the pick-up consists of more cars than the cut off will hold, except when conditions will permit using the cut off in combination with another track with the entire pick-up coupled together in one cut. "If a bad order car is discovered in a train while within the switching limits at Dallas, such bad order car will be set-out by yard crew if one is immediately available. Otherwise, the road crew may set-out the bad order car; if the set-out is made by a yard crew, the road crew will move its engine out of the way and return it to the train. In either event, the operation will not be counted as a set-out under the terms of this agreement." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 62 -- Letter Agreement of July 21, 1948. "It was agreed that hereafter when a road crew is required to exchange its engine with an engine on an outlying assignment for the purpose of moving the latter into shops for repairs or regular monthly inspection, the engine crew making such exchange will be allowed one hour therefor at one-eighth of the applicable daily rate in addition to the regular allowance of time or miles for the trip; this not to apply to instances where engines are sent out from the terminal light or double head solely for the purpose of changing off nor to instances where it is necessary to exchange engines because of engine breaking down enroute." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 63 -- Letter Agreement of July 27, 1948. "It was agreed * * * that when two or more engine crews arrive at a terminal at approximately the same time and the first-in crew is delayed in arriving at the roundhouse, the other crews will register in in the order of their arrival and leave space ahead on the register for registration of the first-in crew, it being understood that the employees will be responsible for registering in their proper turn." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 64 -- Memorandum of Agreement of January 26, 1949. "IT IS AGREED: "In the event of an employee of a class included in the scope of the working agreement with the Engineers, Firemen, Conductors, Trainmen, or Yardmen, who is found to be disqualified as a result of a re-examination conducted under the Company's rules governing physical examinations including eye sight, color sense and hearing feels that his physical condition does not justify removal from the service or restriction of his rights to service, such employee, upon request in writing by himself or his representative within 15 days following notice of disqualification, may be given further reexamination as follows: "1. If disqualified because of physical disabilities: "(a) The employees will be jointly re-examined by a physician designated by the Company and a physician of the employee’s own choice who shall both be graduates of a Class (A) medical school of regular medicine. This re-examination will be conducted at the office of the Company's physician, unless otherwise mutually agreed to by the two physicians. If the two physicians agree that the man is disqualified, their decision is final; if they agree the man is qualified, he will be returned to the service. "(b) If the two physicians fail to agree, the employee’s physician and the railroad's physician will select a third physician who shall be a practitioner of recognized standing in the medical profession and where any special type of case is involved must be a certified specialist in the disease or impairment which resulted in the employee’s disqualification. The Board of physicians thus selected will examine the employee and render a report of their findings within a reasonable time, not exceeding 15 days after their selection, setting forth the employee’s physical condition and their conclusion as to whether he meets the requirements of the Company's physical examination rules. "(c) The railroad company and the employee involved will each defray the expense of their respective physicians. The fee of the third member of the board, not exceeding $50 will be borne equally by the employee involved and the railroad company. Other examination expenses, such as X-ray, electrocardiographs, etc., not exceeding $50, will be borne equally by the employee involved and the railroad company. "(d) If the majority of the board of physicians conclude that the employee meets the requirements of the Company's physical examination rules, he shall be permitted to return to the service from which removed. "(e) If there is any question as to whether there was any justification for restricting the employee’s service or removing him from service at the time of his disqualification by the Company doctors, the original medical findings which disclose his condition at the time disqualified shall be furnished to the neutral doctor for his consideration and he shall specify whether or not in his opinion, there was justification for the original disqualifications. The opinion of the neutral doctor shall be accepted by both parties in settlement of this particular feature. If it is concluded the disqualification was improper, the employee will be compensated for loss of earnings, if any, resulting from such restrictions or removal from service incident to his disqualification. "(f) Should the decision of the Board of physicians be adverse to the employee and it later develops that his physical condition has improved sufficiently to justify considering his return to service, a re-examination will be arranged upon request of the employee, or his representative, but not earlier than ninety (90) days after such decision. "2. If disqualified because of defects in vision, color sense or hearing: "When an employee upon re-examination fails to meet the required standards on vision, color sense, or hearing, such re-examination may be followed by a field test under joint direction of a Committee representing the Management and a Committee representing the Employees, such field tests to be conducted in the following manner: "(a) FOR VISION AND COLOR PERCEPTION. The Field Test will be made with flags, lamps and signals used in daily operation of engines and trains, with or without glasses, at varying distances, but not to exceed two thousand (2,000) feet for the correct observation by day and by night of block signals, signal lights, lamps, flags, and fusees, under service conditions. Whenever necessary, the tests for color perception shall include the varying atmospheric conditions existing with cloudy weather, smoke, rain, fog, mist and snow. The response to each test shall be as prompt as actual service conditions necessitate, and the tests may be repeated as frequently, and in whatever order may be necessary to determine the facts beyond reasonable doubt. "(b) FOR HEARING. The Field Test shall demonstrate ability to hear ordinary conversations, air whistle signals, torpedoes and other audible signals, under service conditions. The response to each test shall be as prompt as actual service conditions necessitates, and the test may be repeated as frequently, and in whatever order may be necessary to determine the facts beyond reasonable doubt. "(c) The Field Tests shall be held as soon as practicable after receipt of request therefor and will be so arranged that the responses are solely those of the individual tested, without interference or aid otherwise, the entire test shall be repeated. "(d) The Joint Committee will carefully record the different distances at which signals are displayed or given; the responses made by the individual tested, and the degree of promptitude of responses, and will make a joint report to the Management, advising whether the employee passed a satisfactory test and, if not, agreeing if possible in a recommendation as to the service, if any, to which the individual may be safely assigned." |
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No. 65 -- Letter Agreement of February 18, 1949. "It was mutually agreed that there is nothing in the rule (Section (a) of Article 8) which requires posting of an outlying extra board in order to give 'older engineers' or firemen information concerning establishment of the extra board, but all that is required is to notify the youngest man that he is due to protect the outlying board and he must do so, unless senior men learn of the establishment of the Board and request the right to protect it, and it was agreed that the rule will be generally so applied in the future." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 66 -- Letter Agreement of June 11, 1949. "* * * that in the future movement of Southern Division passenger engines relieved at the wye (P&SF Junction) will be taken care of by hostlers, paying the inside hostler the outside rate for days such service is performed; and that if the hostler is not immediately available, the engine will be moved to the roundhouse by the engineer and fireman, for which an allowance of one hour will be made." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 67 -- Letter Agreement of September 16, 1949. "It was agreed during the conference that we will hereafter consider that Engineers shall have one year's experience in other classes of road service (not yard service) before being qualified for passenger service, and that when extra men are required to be used for passenger service under the provisions of Section (e), Article 8, the work will be protected as follows: "First, by the first-out extra man who has had one year's experience as Engineer; "Second, if there is no extra man available with one year's or more experience, the work will be given to the oldest available road Engineer in terminal rights service in point of seniority on that passenger district who has had one year's experience as Engineer; "Third, if there is no extra or regular Engineer available, who has had one year or more experience, the work will be given to the senior available Engineer, regardless of whether he is on the extra board or holding a regular turn or assignment in road service." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 68 -- Letter Agreement of September 16, 1949. "Referring to conference today with you and your General Committee concerning the application of Article 5 of the Engineers' Agreement, reading: '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.' "In view of our letter agreement on the qualification of Engineers for passenger service (No. 67), it was agreed that when an engine on a regular or extra passenger train becomes disabled, the Engineer thereon will handle the train to his terminal with whatever engine is furnished to relieve the disabled engine, and not remain with the disabled engine. This applies only to passenger service, no change to be made in other classes of service." | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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No. 69 -- National Conference Committee Settlement of August 11, 1948. "Section 1 -- Minimum Basic Daily Rates for Engineers and Firemen, and Helpers on Other Than Steam Power, in Freight Service. "The minimum rates for engineers and firemen, and helpers on other than steam power, used in all classes of service paying freight rates shall be the rates presently applicable to locomotives weighing 100,000 pounds and less than 140,000 pounds on drivers; and the rates for such service on locomotives weighing 140,000 pounds and less than 170,000 pounds on drivers shall be the same as those presently applicable to locomotives weighing 170,000 pounds and less than 200,000 pounds on drivers. "Existing rate and weight on driver tables shall be revised accordingly, preserving any higher rate that may be in effect on any specific locomotive or any class of freight service on an individual carrier. "Existing differentials for divisions or portions thereof or mountain or desert territory as compared with valley territory, whether expressed in rates or constructive mileage allowances, are preserved. 'This shall be effective as of January 1, 1948. "Section 2 -- Basic Daily Rates for Engineers and Firemen, and Helpers on Other Than Steam Power, in Yard Service. "The rates presently in effect for through freight service shall be made applicable to engineers and firemen, and helpers on other than steam power, in yard service, except that the rate for firemen and helpers in yard service, on locomotives weighing less than 140,000 pounds on drivers shall be $10.49; provided, however, that the existing differentials between the rates for firemen on steam locomotives and helpers on electric locomotives in yard service shall be maintained. "Rates for engineers and firemen, and helpers on other than steam power, in yard service shall be as set out in Appendix A, attached hereto and made a part hereof. Existing rates in yard or through freight service which are higher than those shown in Appendix A shall be maintained in applying this section, except that existing differentials in through freight service for divisions or portions thereof or mountain or desert territory as compared with valley territory, whether expressed in rates or constructive mileage allowances, shall not be applied to yard service. "No oil differential shall apply in yard service. "This shall be effective as of January 1, 1948." The inclusion of excerpts from various agreements reproduced hereinabove is not to be construed as excluding, canceling or superseding other written agreements or settlements not in conflict with the schedule rules and/or excerpts of agreements contained herein; such other written agreements or settlements, though not included herein, are continued in full force and effect.
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