APPENDIXThe agreements and agreed-to understandings which follow have been verified. Any omission herein of agreements or agreed-to understandings which have not been superseded or canceled will not serve to cancel such agreements or agreed-to understandings.
L. M. OLSON F. N. STUPPI C. S. POTTER |
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-- Appendix No. 1 --ENGINEERS’ ASSIGNMENT RULES
(The above assignment rules become effective May 1, 1966, and cancel and supersede all prior assignment rules.) | |||||||
-- Appendix No. 2 --SWITCHING AGREEMENTMEMORANDUM OF AGREEMENT entered into at Topeka, Kansas, May 7, 1937, between The Atchison, Topeka and Santa Fe Railway Company, Panhandle and Santa Fe Railway Company and the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, and Brotherhood of Railroad Trainmen. It is understood and agreed that in yards where the yard schedule is in effect (either terminal yards or those at intermediate points) the rules and rates of pay pertaining to yard service, as contained in the respective agreements between the Carrier and the Organizations signatory hereto, shall govern in the performance of all yard service, as such service is hereinafter described, in accordance with Western Train Service Board Decisions Nos. 3019, 3020, 4081, 5016, 5017, 5730, 5751, 5752, 5756, 5757 and National Railroad Adjustment Board Awards Nos. 146, 411, and 429. The employes recognizing that a literal application of the foregoing declaration, as contemplated by the Decisions and Awards therein cited, would result, in some instances, in undue hardships upon the carrier, and realizing the fact that because of the fluctuation in business in the transportation of passengers and goods the carrier should not be required to furnish work at all times, to the same number of employes in yard service, the following understandings shall obtain: 1.
That the yard schedule is in effect at the following yards:
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2.
That yard service shall be considered as consisting of:
* Note: Not to be construed as superseding Article 4, paragraph (m), Conductors’ and Trainmen’s Agreements. 3. That neither road crews, nor members thereof, nor any classes of employes other than yardmen will be used in yard service as described in Section 2, when there is a yard engine on duty, except in case of emergency. An emergency is defined as wreck, washout or other unforeseen occurrence necessitating immediate action to prevent loss of life, injury to person or damage to property. In such emergency cases, the crew will be paid not less than the minimum allowance specified herein. If used, however, in other than an emergency they will be paid not less than a minimum day at yard rates, separate and apart from all other earnings. Likewise, yardmen who hold seniority and are available in yards where such road crews or others are used, will be paid not less than a minimum yard day in each such instance.
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4. In yards where the yard schedule is in effect, as described in Section 1, road crews may be used to perform yard service as described in Section 2 when there is no switch engine on duty; such road crews to be compensated on the basis of actual time consumed, with a minimum of 1 hours for 45 minutes or less, and 2 hours for over 45 minutes, at the yard rate, separate and apart from all other earnings, and the time so paid for will be deducted from total time of the road trip. Actual time as referred to herein will be computed as follows:
NOTE: This does not prevent making straight pick-up or set-out while yard engine is on duty without payment therefor. In instances where the above method produces compensation less than would be paid to the crew (engineer, fireman, conductor, and brakeman), as provided in their respective road agreements, the provisions of the latter agreements will prevail. When payment is made under this agreement there will be no claim from nor payment of any nature to yard men or yard crews for the yard work performed by the road crew or crews. | |||||||
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5. In any of the yards referred to in Section 1, where the service is performed by only one or two yard engines, such yard engines will perform all the service that is available or would become available within thirty minutes from the assigned off-duty time for the yard engine, regardless of the fact that such handling may cause the yard crew to work over time. This provision is made in order to reduce to the very minimum the amount of switching that may be required of road crews. 6. In all terminal yards where the yard schedule is in effect as defined in Section 1 and extra yard men are available, and for three consecutive working days the switching service rendered by road crews as defined in Sections 4-(a) and 4-(b) amounts to five hours in any eight-hour period, yard engines manned by yard crews will thereafter be used to perform such service so long as this amount of switching continues. 7. Nothing in this agreement shall be construed as either extending or abridging seniority rights of any employe involved. 8. This agreement is to become effective May 1, 1937, and to remain in effect for a period of one year and thereafter, subject to thirty days’ written notice by either party upon the other of its desire to cancel, with the further understanding that any of the Four Organizations signatory hereto may withdraw from this agreement upon serving thirty days’ written notice upon the Carrier of its desire to do so, regardless of the action of the other organizations; provided that if either the Order of Railway Conductors or the Brotherhood of Railroad Trainmen withdraw, such action will automatically cancel this agreement for both the Order of Railway Conductors and the Brotherhood of Railroad Trainmen.
(Signatures not reproduced. Signed by General Chairmen Kowalski, Collins, Keiser and Gross and General Managers Lehman and Lautz.) | |||||||
--Appendix No. 3 --SUPPLEMENTAL SWITCHING AGREEMENTMEMORANDUM OF AGREEMENT entered into at Topeka, Kansas, January 12, 1938, supplemental to Memorandum of Agreement entered into at Topeka, Kansas, May 7, 1937, between The Atchison, Topeka and Santa Fe Railway Company, Panhandle and Santa Fe Railway Company and the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, and Brotherhood of Railroad Trainmen. IT IS AGREED: 1. That the word ”agreement” be changed to ”section” in the last paragraph of Section 4 of the Agreement of May 7, 1937, making this paragraph read as follows:
”When payment is made under this section there will be no claim from nor payment of any nature to yard men or yard crews, for the yard work performed by the road crew or crews.” 2.
Operation of Self-Propelled Machines in Yards:
Section 2 of the May 7, 1937 Memorandum of Agreement reads in part as follows: ”That yard service shall be considered as consisting of:
Section 3 prescribes that such switching service in yards designated in Section 1 thereof shall be performed by yard crews. The following exception is agreed to:
NOTE: Local Officials and Local Representatives will determine restricted territory referred to above. 3.
Work Trains Manned by Road Crews:
In yards named in Section 1 of May 7, 1937 Memorandum of Agreement, the work of assembling and breaking up of work trains is switching service the same as assembling or breaking up of any other trains; therefore, such work comes within the purview of the switching agreement. In instances, however, when it is necessary for a road crew to perform switching service in connection with its own train in the course of its day’s work, such service should very properly be considered as work train service and not come within the purview of the switching agreement. | |||||||
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4. Stock Loading or Unloading: Deleted. 5. Turning on Wyes – Motor Cars, Trains, Light Engines:
It is understood that turning light engines, motor cars and other trains on wye is switching service. Turning on wye by turn-around crew at their turning point when no other switching is performed will not be considered switching under the May 7, 1937 Agreement, the work to be performed by road crew. Exception (a). Deleted. Exception (b). Motor Trains and Light Engines. NOTE: The so-called dumper crews at Hurley, New Mexico, will not be considered yard crews in the application of this Exception (b). Exception (c). All Other Trains. Exceptions will be made by letter to handling at certain specified points as discussed, and at other points if requested and conditions justify. | |||||||
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6.
Doubling Trains Over at Initial or Final Terminals, and When Making Pickup or Setout at Intermediate Points:
It is understood that doubling trains over, either inbound or outbound, is switching under the May 7, 1937 Memorandum of Agreement and should be paid for accordingly, except when conditions exist which necessitate doubling trains over, in which event no payment will be made under the switching agreement. The same applies with respect to making pickup and/or setout on more than one track in intermediate yards specified in the switching agreement. | |||||||
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7. Pekin:
Pekin, Illinois, will, effective January 16, 1938, be included under Section 1 of the May 7 Agreement with the understanding that this does not affect or cancel the agreement covering handling of train by conductor or brakemen between the station at Pekin and the mechanical facilities, now covered by arbitrary allowance. It is also understood that in the event a yard engine is placed in service at Pekin, the yard crew will, as in the past, push trains over the grade beyond Pekin yard. (Signatures not reproduced. Signed by General Chairmen Kowalski, Collins, Keiser and Gross and General Managers Lehman and Lantz.) | |||||||
-- Appendix No. 4 --GENERAL MOTORS YARD AGREEMENTMEMORANDUM OF AGREEMENT entered into at Topeka, Kansas, July 10, 1952, supplemental to Memorandum of Agreement entered into at Topeka, Kansas, May 7, 1937, and Memorandum of Agreement entered into at Topeka, Kansas, January 12, 1938, supplemental to such May 7, 1937 Agreement, by and between the parties signatory hereto. (Section identified by asterisk (*) from supplemental agreement dated August 6, 1954.) IT IS AGREED: Section 1. The tracks now being and hereafter to be constructed, leading to and serving the territory north of the Santa Fe main tracks between McCook and Willow Springs, Illinois, which tracks will for the purpose of identification be herein referred to as General Motors yard, shall, as of a date to be designated by the Company, be operated as a yard. Section 2. The date to be designated as specified in Section 1 hereof shall not be later than the first date on which commercial production is commenced. The handling of cars of material or equipment for storage or otherwise will not be considered as the starting of commercial production until the plant machinery starts operation. Section 3. On and after the date designated as provided for in Section 1 hereof, all yard service within the limits designated in Section 4 hereof shall be performed by Illinois Division yard crews, subject to the governing working agreements with the Organizations signatory hereto, and to the terms and provisions of the May 7, 1937 Switching Agreement as supplemented January 12. 1938. * Section 4. General Motors yard shall constitute all yard trackage served by tracks leading westerly from Illinois Division main tracks at Milepost 14 plus 2422 feet and easterly from such main tracks at Milepost 16 plus 2981 feet. No portion of the main tracks at or between these milepost locations shall be included in this yard, except that the General Motors yard engine may cross said main tracks through the crossover located in vicinity of main line switch at east end of east lead for the sole purpose of delivering loads to the Indiana Harbor Belt west interchange yard at McCook. Section 5. Not less than ten (10) days prior to the date to be designated as specified in Section 1 hereof, the Company will give to the respective General Chairmen of the Organizations signatory hereto, written notice of such designated date. Section 6. On and after the designated date as provided for in Sections 1 and 5 hereof, this yard will be added to the list of yards included in Section 1 of the May 7, 1937 Switching Agreement as supplemented January 12, 1938. Section 7. Attached hereto for informative purposes, but not as a part hereof, is no-scale map sketch indicating the location of this yard. Signed at Topeka, Kansas, July 10, 1952. (Signatures not reproduced. Signed by General Managers More and Buchanan and General Chairmen Heath, Taylor, Stephens and Bentley.) | |||||||
-- Appendix No. 5--COMBINATION ROAD - YARD(Article V of National Agreement of June 25, 1964)The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed, may be discontinued under the following conditions: (Yard as used herein is defined to mean a common terminal point where a seniority roster for yard ground men is maintained.) 1. In the case of the last yard crew assignment in a yard, such assignment may be discontinued if a joint study indicates that the average time consumed in switching is less than four hours within a spread of ten hours for ten consecutive working days. The ten hours referred to will begin concurrently with the starting time of the particular yard crew assignment. If switching increases to the point where there is an average of more than four hours of such work within any spread of the same ten hours for ten consecutive working days, as previously assigned, the yard crew assignment will be restored. In the case of a yard crew assignment on a particular shift (in yards where more than one yard crew is operated), such yard crew assignment may be discontinued if a joint study indicates that there is an average of less than four hours switching within the spread of 12 hours for ten consecutive working days, this spread to begin at the starting time of the yard crew assignment which the carrier seeks to discontinue. In computing the time engaged in switching only the time consumed by the yard engine the carrier seeks to discontinue will be considered, subject to the provisions of Section 10 hereof. The same formula will be adhered to in the restoration of the discontinued assignment, using the second twelve-hour period as set forth in Section 5. NOTE: The studies referred to in this Section 1 shall be conducted in the following manner: Where a carrier proposes to discontinue the last yard crew assignment in a yard or on a shift where more than one yard assignment is employed, it shall give ten (10) days’ written notice of the proposed discontinuance to the representatives of the employees involved, advising the names of the carrier’s officials who are designated as its representatives for the purpose of the study, and the date on which the study will begin. At anytime prior to the date the study is to begin, the representatives of the employees involved shall advise the Carrier of the names of their representatives for the purpose of the study. If such representatives are not so named, or fail to participate, the study may be conducted by the representatives of the carrier. In either event, the result of the study shall be binding on the parties for the purpose of this rule. The same procedure will be adhered to in conducting studies proposed by the representatives of the employees for the restoration of assignments that have been discontinued under the provisions of this Section 1. 2. The provisions of Section 1 hereof are not intended to impose restrictions in regard to discontinuing yard crew assignments where restrictions do not now exist. 3. Road crews may perform any yard service at yards where yard crews are not employed. 4. Road crews may continue to perform any yard service now permitted, without additional payments, if such payments are not now required. 5. At points where a yard crew or yard crews are employed, the starting time of the first yard crew assignment shall begin a twelve-hour period (herein called the first twelve-hour period) within which road crews may not perform yard service not permitted on the day immediately preceding the effective date of this agreement. Road crews may be required to perform any yard service during a second twelve-hour period beginning at the expiration of the first twelve-hour period provided yard crew assignments are not assigned to start or terminate during such second twelve-hour period. 6. No change in work permitted or compensation paid to combination assignments, such as Mine Run, Tabulated assignments, etc. 7. Switching service in yards by road crews when yard crew is not on duty, as a result of the discontinuance of yard crew assignment pursuant to Section 1 hereof, shall be paid for on the minute basis, with a minimum of 1 hour at appropriate yard rates. 8. If overtime accrues under applicable road overtime rules during the period switching is being performed, such overtime payments will be made in addition to the payments required under Section 7 hereof. 9. Initial and final terminal delay rules shall not be disturbed by this agreement except that when road crews perform yard service for which they are compensated under the provisions of Section 7 hereof during a period to which initial terminal delay or final terminal delay rules are otherwise applicable, such road crews will be paid either terminal delay or switching, whichever will produce the greater amount of compensation. 10. The yard switching work for which compensation is previously allowed to road crews for that specific yard work and yard switching work by road crews which required penalty payments to yard crews will be considered switching for the purpose of Section 1 of this Article. 11. Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump-sum separation allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans’ Readjustment Assistance Act of 1952), with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set forth in Section 9 of the Washington Agreement of May 21, 1936, will not be entitled to retraining benefits. | |||||||
-- Appendix No. 6 --EXTRA YARD ENGINE BECOMES
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| First cycle: | 6:30 am to 2:30 pm |
| Second cycle: | 2:30 pm to 10:30 pm |
| Third cycle: | 10:30 pm to 6:30 am |
4. If in any separate one of the above cycles, for four days in a calendar week starting Sunday, an extra engine is started on general yard work, at any time within that cycle, it will be necessary on the fifth day in the calendar week, if an extra engine is to be started in the same cycle, that this engine be advertised as a regular engine and started in the appropriate starting time under the starting time rules either of the cycle (first, second or third above) in which started, or in the appropriate star6ng time of the succeeding cycle, under the starting time rules.
5. Any extra engine started between 12:00 midnight and 6:30am will be paid time and one-half for any time worked after 8:00am
6. This agreement will remain in effect until June 1, 1938, and thereafter, subject to thirty days’ written notice by either party upon the other of its desire to revise or cancel, with the further understanding that any of the three organizations signatory hereto may after June 1, 1938, withdraw from this Agreement upon serving thirty days’ written notice upon the carrier of its desire to do so, regardless of the action of the other organizations.
(Signed by General Managers Lehman and Lautz and General Chairmen Kowalski and Keiser.)
In cases where notice of impairment, annulment or abolishment of a yard engineer or fireman’s assignment is issued, the affected employe may exercise his seniority displacement rights at any time after the close of work the last day the assignment is scheduled to work before the effective date of such impairment, annulment or abolishment.
For example:
At point ”A” notice was issued Thursday, October 6, 1960, of impairment of assignment of yard trick, 8:00 a.m. to 4:00 p.m, off days Saturday and Sunday, effective Monday, October 10th. In this case the incumbent assigned prior to impairment would have been privileged to exercise his seniority at the close of his tour of duty on Friday, October 7th.
Should the notification of impairment, annulment or abolishment of the assignment be cancelled subsequent to the affected employe’s exercise of seniority, such assignment will be advertised as a new assignment and protected in the usual manner during period of advertisement, there being no prohibition against the former incumbent filing bid for such vacancy.
Such handling will not subject the carrier to penalty claims from the former incumbent.
(See Letters dated October 7, 1960, and April 11, 1961, from General Managers Buchanan and Olson to General Chairmen Potter and Miller.)