-- Appendix No. 8 --

LOCAL FREIGHT CONVERSION RULE

1.   Crews in all classes of road service who, between departure at initial terminal and arrival at final terminal, are required to perform work as specified in the following items will be paid not less than the local rate applicable to the division on which the service is rendered; provided that service at an intermediate point for which payment is made under the provisions of the May 7th, 1937 Switching Agreement and Supplements thereto, will be excluded from count or consideration in determining application of the local rate:

1. Loading and/or unloading commercial L.C.L. shipments.

2. Station switching.

3. Picking up and/or setting out at three (3) or more points; or when the time consumed in picking up and/or setting out exceeds one hour and forty-five minutes (1’45”) in the aggregate for the entire trip; such time consumed at each point where pick-up and/or set-out occurs to be computed from the time the work is begun until completed and train is coupled together preparatory to departure. Setting out bad order cars will not be counted as set-outs.

4. Filling water barrels and/or cisterns.

5. Handling company supply cars which load and/or unload en route, in trains handling commercial freight.

2.   On any district where service as of the effective date hereof is performed by crews assigned under Article 2 of the respective Conductors’ and Trainmen’s Agreements, the applicable rate for Conductors and Trainmen for additional service under Section 1 hereof shall be the Article 3 rate for the Division so long as service is continued under Article 2; if the Article 2 assignment is discontinued, thereafter the first crew performing service on the district requiring payment under the provisions of Section 1 on any day shall be paid the Article 2 rate and any others performing service requiring payment under Section 1 on the same day will be paid the Article 3 rate.

3.   Exceptions to Section 1:

List of Agreements

1966 Contract Index

Article
1 - 3

Article
4 - 8

Article
9 - 21

Article
22 - 32

Speed Tables

Appendix
1 - 7

Appendix
8 - 21

Appendix
22 - 30

Examples of the Application of Section 1-a

1. Crews handling trains, excepting trains performing exclusive work train service, if required to stop en route to load and/or unload commercial L.C.L. shipments of any and all descriptions, will be considered as coming within the provisions of Section l-a.

2. Crews engaged in exclusive work train service, if required to stop and load and/or unload commercial L.C.L shipments other than those for use by gangs engaged in maintenance or construction work will be considered as coming under the provisions of Section l-a.

3. Crews engaged in exclusive work train service, if required to stop and load and/or unload L.C.L. shipments consisting of company material or merchandise for use by gangs engaged in maintenance or construction work, will not come within the provisions of Section l-a.

Examples of the Application of
Sections 1-b and 1-c.

1. Crew arriving at station, having no cars to pick up or set out is required to take its engine and move and spot cars already at such station; such work shall be considered station switching, except that moving or spotting one car without changing the relative position of cars will not be counted as station switching but as one pick-up or set-out under Section 1-c.

2. Crew has one or more cars to set out, say at the house; in order to set out car or cars at the house, it is necessary to place it or them behind cars already on house track or to pull one or more cars off the house track and place them on some other track. This is station switching under Section 1-b, inasmuch as it is necessary to make a switch in order to place the car or cars.

3. Train arrives at a station with cars to set out. The fact that such cars may be in two or more places in the train on arrival is not to be considered as station switching. Of course, the time setting them out would come under the 1’45” rule but would not be considered station switching simply because the cars to be set out were in more than one place in the train.

4. Crew has one or more cars to pick up; the car to be picked up is behind one or more cars; in order to make the pick-up, it is necessary to make a switch and set the cars that were standing ahead of the car that had to be picked up, or spotted back where they were placed or put them on another track. This move would be considered station switching under Section 1-b.

5. Crews arriving at points with one or more cars to set out, say on track No. 2, find a car spotted on track No. 2 which they have instructions to shove back to the lower end of track No. 2, then pull ahead and spot the car they are to set out at a certain point on track No. 2; this is done. This is not station switching but is a straight shove which would come under Section 1-c.

6. Crews having one or more cars to set out, say at the house, find several cars on the house track which they are required to shove back, then cut a crossing and pull ahead in order to spot the cars to be set out. This is not station switching but would come under Section 1-c.

7. Crews required to pick up and/or set out cars at say, Strong City, and to pick up and/or set out at Cottonwood Falls; this would be counted picking up and setting out at two points, notwithstanding the fact that these points are within the same switching limits, and will come under Section 1-c.

8. Crews required to stop, as in the case in the Kansas City Terminal, at 5th Street, while another crew (either yard or road crew) places additional cars in the train; this will be regarded as a pick-up at one point and will come under Section 1-c; the same is also true when the reverse move is made; that is, when the crew is stopped to make set-out.

9. Two or more cars set out on or picked up from different tracks first out, at one point, do not constitute station switching, but in the aggregate as pick-up and/or set-out at one point under Section 1-c.

The foregoing constitutes an agreement 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, to become effective July 1, 1940, and to continue in effect for one year and thereafter until thirty (30) days’ written notice is served by either party on the other of a desire to revise or cancel.

(Signatures not reproduced. Signed by General Chairmen Kowalski, Collins, Keiser and Gross and General Managers Lautz and Gillies.)

-- Appendix No. 9 --

DEFINITION OF SIDE TRIP

MEMORANDUM OF AGREEMENT entered into at Amarillo, Texas, November 17, 1959, 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 Brakemen and Brotherhood of Railroad Trainmen.

It is agreed that the definition of side trips made in assigned and unassigned freight service on spur tracks shall be as follows:

(1)   A movement made to a location not in excess of two miles on a spur track, measured from lead-off switch of such spur track, shall not be considered as a side trip.

(2)   Where a movement is made to a location in excess of two miles on a spur track, measured from lead-off switch of such spur track, such movement shall be considered as constituting a side trip.

In assigning or instructing crews to make side trips as defined herein:

(a)   Crews in assigned service will be paid mileage of the spur track or portion thereof specified in bulletin advertising the assignment, and

(b)   Crews in unassigned service will be paid mileage of the spur track or portion thereof over which they are instructed to move.

This agreement shall become effective November 17, 1959, and remain in effect until cancelled by thirty days’ written notice served by either party upon the other.

(Signatures not reproduced. Signed by General Managers Buchanan and Olson and General Chairmen Potter, Miller and Faulkner and Acting General Chairman Cartmill.)

-- Appendix No. 10 --

HELD TIME AT OUTLYING POINTS

The following application is hereby agreed to, in connection with Article 15 of the Engineers’ Schedule, and Article XXIII of the Firemen’s Schedule:

Where train service or service requirements will permit, Engineers or Firemen sent to outlying points to protect service, either extra or to relieve regular men, will be sent so as to arrive at such point less than sixteen hours before the starting time of the service they are to protect, where such starting time is known.

The point to which sent shall be considered as the home terminal during the continuance of service out of that point and no payment shall accrue if service is not performed for a period of sixteen hours or more, except that when the service which the Engineer or Fireman is protecting is completed and he is held to exceed sixteen hours under circumstances which are under the control of the Company, payment will be made as per Article 15 of the Engineers’ Schedule or Article XXIII of the Firemen’s Schedule.

Topeka, Kansas, January 1, 1922.

(Signatures not reproduced. Signed by General Managers Fox and Lehman and General Chairmen Kowalski and Keiser.)

-- Appendix No. 11 --

NEW DAY IN IRREGULAR PASSENGER SERVICE
AFTER RELEASE OF SIX HOURS OR MORE

Letter agreement, General Managers Lehman and Lautz to General Chairmen Kowalski and Keiser, March 26, 1937:

Claim of Engineer Palmer and Fireman Miller, Middle Division, for payment two minimum irregular passenger days of 160 miles each, total 320 miles, instead of continuous time including time released under the law at Wichita, June 9, 1929.

Settlement:   Pay this case with the understanding for future application of irregular passenger rule that a new day in irregular passenger service will be started following a release of 6 hours or more at any point during the trip.

-- Appendix No. 12 --

DEFINITION OF SOLDIER TRAIN

Letter agreement, General Manager Lautz (Eastern Lines) to General Chairmen Kowalski and Stephens, July 17, 1944; General Manager Jefferis (Western Lines) to Messrs. Kowalski and Stephens, August 4, 1944:

Hereafter when you have a train consisting of war material and armed soldiers serving as guards, it should be considered as a freight train and manned with freight crews, but where it is a movement of soldiers with their equipment and other war material the train is to be considered as a soldier train and manned accordingly.

-- Appendix No. 13 --

EMERGENCY ENGINEERS – YARD SERVICE

Letter agreement, General Managers Fox and Lehman to General Chairmen Kowalski and Keiser, November 16, 1922:

Promoted yard firemen who are in firing service, and hold no road rights, will protect yard services as engineers when vacancies occur, but they will not be deadheaded to outside points where road extra men are available.

When calling firemen under this rule, the oldest available promoted fireman will be called. A fireman who is actually on duty as a fireman or hostler, at the time the necessity for an engineer arises, will not be called for this work. Firemen required to cover two shifts under this rule will not be allowed time and one-half rates for either shift worked as engineer or fireman.

This rule not to operate to abolish engineers’ yard extra boards at points where such board is now maintained.

-- Appendix No. 14 --

EMERGENCY ENGINEERS – ROAD SERVICE

Letter agreement, F. A. Lehman (Eastern Lines) to J. A. Kowalski and W. C. Keiser, April 11, 1936. Placed in effect on Western Lines in 1938:

Referring to the question of selecting emergency engineers for service at outside points when the division extra board is exhausted, which was discussed in conference January 27, 1936:

After giving the matter careful consideration we have decided to place in effect on the Eastern Lines the practice of using the oldest emergency engineer, where it is necessary to use an emergency engineer in protecting engineers’ road vacancies, of those available at point of vacancy and point where the road extra board is maintained. This of course will not affect the handling agreed to with you gentlemen in 1923 on the matter of using promoted yard firemen to relieve switch engineers at outlying points in preference to use of engineers on road extra board. In other words, the practice of checking up and using the oldest emergency engineer at the two points named is, as indicated, for the purpose of protecting engineers’ vacancies in road service.

-- Appendix No. 15 --

EXTRA ENGINEER RELIEVING
EMERGENCY ENGINEER

The following was placed into effect on the Eastern Lines August 22, 1929, and was adopted on the Western Lines effective January 13, 1938:

When engineers’ road extra board is exhausted and an emergency engineer is deadheaded to an outlying point for service, not because of limitation of mileage rule, and is relieved by the first available extra engineer, the feature of payment for deadhead is to be handled as follows: The emergency engineer to receive pay for the outgoing, but not for the return deadhead trip; the extra engineer to receive deadhead pay only for the return deadhead movement.

-- Appendix No. 16 --

REGISTRATION OF MILEAGE

(a)   Upon arrival of each trip, engineers shall register on the roundhouse register the total mileage paid for on their last trip, together with total mileage made from beginning of checking period.

(b)   It shall be the duty and the responsibility of each individual engineer to correctly register his current mileage. It is not the duty or responsibility of the employe whose duty it is to compile the standing of engineers on service lists for subsequent service to direct attention of the engineers to failure to register currently accumulated mileage on the roundhouse register.

(c)   When an engineer has accumulated maximum mileage in a checking period, he will make request in writing to be relieved at the home terminal or layover point of his assignment. If the Carrier cannot furnish relief and the engineer is required to exceed maximum allowed mileage in a checking period, such mileage will not be charged against him If when making his last day or trip the maximum allowed mileage is exceeded, he will carry the excess mileage over to his following checking period.

(d)   Should an engineer fail to register his mileage, register correctly his accumulated mileage in his checking period, or willfully violate the mileage regulations, he will, upon written request from the Local Chairman of the B. of L. E. to the Superintendent or Mechanical Department representative, have one hundred (100) miles added to his accumulated mileage for each 100 miles, or fraction thereof, that he has exceeded the maximum limitation. If this results in excess mileage for the checking period, excess mileage will be carried over to the next checking period.

(e)   The Local Chairman and Superintendent, or his designated representative, will cooperate in checking the actual miles made by an engineer when there is a question regarding correctness of mileage registered by the engineer. Such requests for mileage check of an individual engineer will be kept to a minimum and made only in instances where there is evidence to support an allegation that the individual may not have correctly registered his miles.

(The rules contained in this Appendix No. 16 shall become effective May 1, 1966, and will remain in effect until thirty (30) days’ written notice is served by either party on the other of a desire to revise or cancel.)

-- Appendix No. 17 --

MILEAGE CHECKS OF ENGINEERS’ BOARDS

See letter from Eastern Lines General Manager More to Acting General Chairman Allison dated January 16, 1952, and letter from Western Lines General Manager Buchanan to General Chairman Potter dated May 23, 1960:

The following will be observed in checking engineers’ boards:

Mileage checks of engineers’ boards will be made when considered necessary by the Superintendent or when requested by the Local Chairman of the Engineers. Present practice will be continued of checking the preceding ten-day period and multiplying the result by three, which figure will be used in determining necessary regulation of the board, in which regulation the Superintendent and the Local Chairman of the Engineers will cooperate.

-- Appendix No. 18 --

FROM LETTER AGREEMENTS dated April 13, 1960, and February 14, 1963, between General Manager Olson and General Chairman Potter and Letter Agreement dated May 31, 1963, between General Manager Stuppi and General Chairman Potter:

IT IS AGREED THAT:

Item (1) – Marking up engineers for service following layoff on miles within their checking periods –

(a) An engineer in unassigned road or yard service laying off on miles will be marked up for service at the foot of the board at 12:01 a.m. on the date of the start of his next checking period unless he secures permission in advance thereof from the proper authority to lay off.

(b) An engineer in assigned road or yard service laying off on miles will be marked up for service as of 12:01 a.m. on the date of the start of his next checking period unless he secures permission in advance thereof from the proper authority to lay off.

Item (2) – Absence of engineers in unassigned yard or freight service due to illness, vacation or personal business –

Cancelled effective May 1, 1966.

Item (3) – Increasing or decreasing the number of engineers working off a board in unassigned road service or a yard extra board -

(a) The number of engineers assigned to a board in unassigned road service will not be increased or decreased as long as the average mileage, or equivalent thereof, accruing to such board is within the expressed minimum and maximum, i.e., 4,000 and 4,800 for passenger or 3,200 and 3,800 for freight. In the case of a road freight extra board, when there are men cut off of the engineers’ working list and it is shown that those on the board are averaging the equivalent of 3,500 miles per month, an engineer will be returned to the board if the addition will not reduce the average mileage, or equivalent thereof, below 3,200 miles per month. This handling shall be observed without fail, except when the number of engineers laying off and/or a sudden increase in business makes it necessary to add engineers to the board to protect the service, in which event the number of engineers added may be removed without regard to mileage as soon as conditions will permit.

(b) When increasing or decreasing a freight board that protects unassigned road service following a mileage check, a sufficient number of engineers will be added to or taken off of such board as is necessary to bring the average miles accruing to such board as near 3,500 as possible.

(c) The number of engineers assigned to a yard extra board will not be increased or decreased as long as the average number of days accruing to such board is within the expressed minimum and maximum, i.e., 26 and 35 days per month; provided, that when there are men cut off of the engineers’ working list and it is shown that those on the extra board are averaging the equivalent of 31 days per month, an engineer will be returned to the extra board if the addition will not reduce the average number of days, or equivalent thereof, below 26 days per month. This handling is to be observed without fail, except when the number of engineers laying off and/or a sudden increase in business makes it necessary to add engineers to the board to protect the service, in which event the number of engineers added may be removed without regard to mileage as soon as conditions will permit.

(d) When increasing or decreasing a yard extra board following a mileage check, a sufficient number of engineers will be added to or taken off of such board as is necessary to bring the average number of days, or equivalent thereof, accruing to such board as near 31 as possible.

The foregoing is subject to cancellation by either party hereto upon thirty (30) days’ written notice thereof.

-- Appendix No. 19 --

PAYMENT FOR HOSTLING AT TERMINALS

MEMORANDUM OF AGREEMENT entered into this 10th day of December 1965, at Amarillo, Texas, by and between The Atchison, Topeka and Santa Fe Railway, Eastern and Western Lines, and its employes represented by the Brotherhood of Locomotive Engineers and Brotherhood of Locomotive Firemen and Enginemen:

IT IS AGREED THAT:

(1)   In the event engineers and firemen are required to hostle engines at their terminals where neither hostlers nor Mechanical Department shop crafts employes are employed or on duty, a minimum payment of one (1) hour will be allowed at the applicable hostler’s rate for the engineer and at the applicable hostler helper’s rate for the fireman; regardless of the number of engines or units handled. If more than one hour is consumed, payment will be on the basis of actual time. Such payment shall be in addition to all other earnings of the trip.

(2)   The terms of this Agreement will not be applied to conflict with or set aside Article II, Paragraphs (b-2) and (b-3) of the Hostlers’ Agreement.

(3)   This Agreement may be cancelled on thirty (30) days’ written notice by the Carrier served on the Organizations, or by either of the Organizations served on the Carrier.

(Signatures not reproduced. Signed by Acting General Chairman McFather, General Chairman Miller and General Managers Olson and Stuppi.)

Top of Page

-- Appendix No. 20 --

PHYSICAL REEXAMINATIONS

MEMORANDUM OF AGREEMENT by and between The Atchison, Topeka and Santa Fe Railway Company - Eastern and Western Lines, Panhandle and Santa Fe Railway Company, and the Order of Railway Conductors, the Brotherhood of Railroad Trainmen, the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen and Enginemen.

It is now and will continue to be the policy of the Company to give every consideration to the old men in its service and in the furtherance of that policy.

IT IS AGREED:

In the event an employe 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 reexamination conducted under the Company’s rules governing physical examinations including eyesight, color sense and hearing feels that his physical condition does not justify removal from the service or restriction of his rights to service, such employe, 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 employe will be jointly reexamined by a physician designated by the Company and a physician of the employe’s own choice who shall both be graduates of a Class (A) medical school of regular medicine. This reexamination 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 employe’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 employe’s disqualification. The board of physicians thus selected will examine the employe and render a report of their findings within a reasonable time, not exceeding 15 days after their selection, setting forth the employe’s physical condition and their conclusion as to whether he meets the requirements of the Company’s physical examination rules. The 15-day period may be extended through mutual agreement between the General Chairman and the General Manager.

(c)   The railroad company and the employe 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 employe involved and the railroad company. Other examination expenses, such as X-ray, electrocardiographs, etc., not exceeding $50, will be borne equally by the employe involved and the railroad company.

(d)   If the majority of the board of physicians conclude that the employe 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 employe’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 disqualification. The opinion of the neutral doctor shall be accepted by both parties in settlement of this particular feature. If it is concluded that 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 employe and he considers that his physical condition has improved sufficiently to justify considering his return to service, a reexamination will be arranged upon request of the employe, or his representative, but not earlier than ninety (90) days after such decision, nor oftener thereafter than each ninety (90) days.

2.   If disqualified because of defects in vision, color sense or hearing:

When an employe upon reexamination fails to meet the required standards on vision, color sense or hearing, such reexamination may, if requested by the employe or his representative within 15 days, be followed by a field test under joint direction of a committee consisting of two representatives of Management and two employes from the ranks of train, engine or yard service, 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 necessitate, and the tests 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 employe passed a satisfactory test and, if not, agreeing if possible on a recommendation as to the service, if any, to which the individual may be safely assigned.

This agreement will become effective as of August 1, 1949.

(Signatures not reproduced. Signed by General Managers Gray and Buchanan and General Chairmen Taylor, Mullen, Heath and Stephens.)

-- Appendix No. 21 --

CURRENT PROVISIONS OF
NATIONAL VACATION AGREEMENTS

(As of January l, 1966)

Section 1 (a) - Effective January 1, 1965, each employe, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if, during the preceding calendar year the employe renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for, as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement ”A”, dated May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(a) each basic day in yard service performed by a yard service employe or by an employe having interchangeable road and yard rights shall be computed as 1.3 days, and each basic day in all other services shall be computed as 1.1 days, for purposes of determining qualifications for vacations. (This is the equivalent of 120 qualifying days in a calendar year in yard service and 144 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers, in the application of this Section 1(a) each basic day in all classes of service shall be computed as 1.1 days for purposes of determining qualifications for vacation. (This is the equivalent of 144 qualifying days.) (See NOTE below.)

(b) - Effective January 1, 1965, each employe, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having three or more years of continuous service with employing carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employe renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said three or more years of continuous service renders service of not less than four hundred eighty (480) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement ”A” dated May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(b) each basic day in yard service performed by a yard service employe or by an employe having interchangeable road and yard rights shall be computed as 1.4 days, and each basic day in all other services shall be computed as 1.2 days, for purposes of determining qualifications for vacations. (This is the equivalent of 110 qualifying days in a calendar year in yard service and 132 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers in the application of this Section 1(b) each basic day in all classes of service shall be computed as 1.2 days for purposes of determining qualifications for vacation. (This is the equivalent of 132 qualifying days.) (See NOTE below.)

(c) - Effective January 1, 1965, each employe, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having fifteen or more years of continuous service with employing carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employe renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said fifteen or more years of continuous service renders service of not less than twenty-four hundred (2400) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement ”A” dated May 23, 1952, on an individual carrier but not earlier than the year 1960, in the application of this Section 1(c) each basic day in yard service performed by a yard service employe or by an employe having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers in the application of this Section 1(c) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

(d) - Effective January 1, 1965, each employe, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having twenty or more years of continuous service with employing carrier will be qualified for annual vacation of four weeks with pay, or pay in lieu thereof, if, during the preceding calendar year the employe renders service under schedule agreements held by the organizations signatory to the April 29 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said twenty or more years of continuous service renders service of not less than thirty-two hundred (3200) basic days in miles or hours paid for as provided in individual schedules.

Beginning with the effective date of the provisions of Article 3 of Agreement ”A” dated May 23 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(d) each basic day in yard service performed by a yard service employe or by an employe having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)

Beginning with the year 1960 on all other carriers in the application of this Section 1(d) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)

(e) - (Not applicable.)

(f) - Calendar days on which an employe assigned to an extra list is available for service and on which days he performs no service, not exceeding sixty (60) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of thirty (30), on which an employe is absent from and unable to perform service because of injury received on duty will be included.

The 60 and 30 calendar days referred to in this Section 1(f) shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations provided for in Section 1(a), (b), (c) and (d), respectively.

(g) - Where an employe is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employe is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing four hundred eighty (480) basic days under Section 1(b) and twenty-four hundred (2400) basic days under Section 1(c), and thirty-two hundred (3200) basic days under Section 1(d).

(h) - Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, except that service of an employe on his home road may be combined with service performed on other roads when the latter service is performed at the direction of the management of his home road or by virtue of the employe’s seniority on his home road. Such service will not operate to relieve the home road of its responsibility under this agreement.

(From the National Agreement of November 17, 1964)

Section 2 - Employes qualified under Section 1 hereof shall be paid for their vacation as follows:

(a) - An employe receiving one week’s vacation, or pay in lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than six (6) minimum basic days’ pay at the rate of the last service rendered.

(b) - An employe receiving two weeks’ vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than twelve (12) minimum basic days’ pay at the rate of the last service rendered.

(c) - An employe receiving three weeks’ vacation, or pay in lieu thereof, under Section 1(c) shall be paid 3/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than eighteen (18) minimum basic days’ pay at the rate of the last service rendered.

(From National Agreement dated August 17, 1954.)

(c-1) - An employe receiving four weeks’ vacation, or pay in lieu thereof, under Section 1(d) shall be paid 4/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than twenty-four (24) minimum basic days’ pay at the rate o f the last service rendered.

(From Letter November 24, 1964, J. E. Wolfe to First Assistant Grand Chief Engineer C J. Coughlin.)

(d) - Beginning on the date Agreement ”A” between the parties, dated May 23, 1952, became or becomes effective on any carrier, the following shall apply insofar as yard service employes and employes having interchangeable yard and road rights covered by said agreement, who are represented by the Brotherhood of Locomotive Engineers, are concerned:

Yard Service

(1)   An employe receiving one week’s vacation, or pay in lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than five (5) minimum basic days’ pay at the rate of the last service rendered.

Combination of Yard and Road Service

(2)   An employe having interchangeable yard and road rights receiving one week’s vacation, or pay in lieu thereof, under Section 1(a) shall be paid 1/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employe is working in road service such pay shall be not less than six (6) minimum basic days’ pay at the rate of the last road service rendered, and if the vacation is taken during the time such employe is working in yard service, such pay shall be not less than five (5) minimum basic days’ pay at the rate of the last yard service rendered.

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Yard Service

(3)   An employe receiving two weeks’ vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than ten (10) minimum basic days’ pay at the rate of the last yard service rendered.

Combination of Yard and Road Service

(4)   An employe having interchangeable yard and road rights receiving two weeks’ vacation, or pay in lieu thereof, under Section 1(b) shall be paid 1/26 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employe is working in road service such pay shall be not less than twelve (12) minimum basic days’ pay at the rate of the last road service rendered, and if the vacation is taken during the time such employe is working in yard service such pay shall be not less than ten (10) minimum basic days’ pay at the rate of the last yard service rendered.

Yard Service

(5)   An employe receiving three weeks’ vacation, or pay in lieu thereof, under Section 1(c) shall be paid 3/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than fifteen (15) minimum basic days’ pay at the rate of the last yard service rendered.

Combination of Yard and Road Service

(6)   An employe having interchangeable yard and road rights receiving three weeks’ vacation, or pay in lieu thereof, under Section 1(c) shall be paid 3/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employe is working in road service such pay shall be not less than eighteen (18) minimum basic days’ pay at the rate of the last road service rendered, and if the vacation is taken during the time such employe is working in yard service such pay shall be not less than fifteen (15) minimum basic days’ pay at the rate of the last yard service rendered.

(7)   With respect to yard service employes, and with respect to any yard service employe having interchangeable yard and road rights who receives a vacation in yard service, such additional vacation days shall be reduced by 1/6th.

(From National Agreement dated August 17, 1954.)

Yard Service

(8)   An employe receiving four weeks’ vacation, or pay in lieu thereof, under Section 1(d) shall be paid 4/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1 (h)) during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay be less than twenty (20) minimum basic days’ pay at the rate of the last yard service rendered.

Combination of Yard and Road Service

(9)   An employe having interchangeable yard and road rights receiving four weeks’ vacation, or pay in lieu thereof, under Section 1(d) shall be paid 4/52 of the compensation earned by such employe, under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the carrier on which he qualified under Section 1 (or carriers in case he qualified on more than one carrier under Section 1(h)) during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employe is working in road service such pay shall be not less than twenty-four (24) minimum basic days’ pay at the rate of the last road service rendered, and if the vacation is taken during the time such employe is working in yard service such pay shall be not less than twenty (20) minimum basic days’ pay at the rate of the last yard service rendered.

(From Letter November 24, 1964, J. E. Wolfe to First Assistant Grand Chief C. I. Coughlin.)

Section 3 - Vacations, or allowances therefor, under two or more schedules held by different organizations on the same carrier shall not be combined to create a vacation of more than the maximum number of days provided for in any of such schedules.

Section 4 - Time off on account of vacation will not be considered as time off account employe’s own accord under any guarantee rules and will not be considered as breaking such guarantees.

Section 5 – Not reproduced account not applicable.

Section 6 - Vacations shall be taken between January 1st and December 31st; however, it is recognized that the exigencies of the service create practical difficulties in providing vacations in all instances. Due regard, consistent with requirements of the service, shall be given to the preference of the employe in his seniority order in the class of service in which engaged when granting vacations. Representatives of the carriers and of the employes will cooperate in arranging vacation periods, administering vacations and releasing employes when requirements of the service will permit. It is understood and agreed that vacationing employes will be paid their vacation allowances by the carriers as soon as possible after the vacation period but the parties recognize that there may be some delay in such payments. It is understood that in any event such employe will be paid his vacation allowance no later than the second succeeding payroll period following the date claim for vacation allowance is filed.

Section 7 (a) - Vacations shall not be accumulated or carried over from one vacation year to another. However, to avoid loss of time by the employe at end of his vacation period, the number of vacation days at the request of the employe may be reduced in one year and adjusted in the next year.

(b) - Alter the vacation begins layover days during the vacation period shall be counted as a part of the vacation.

(From National Agreement dated April 29, 1949.)

Section 8 – The vacation provided for in this Agreement shall be considered to have been earned when the employe has qualified under Section 1 hereof. If an employe’s employment status is terminated for any reason whatsoever, including but not limited to retirement, resignation, discharge, non-compliance with a union shop agreement, or failure to return after furlough, he shall, at the time of such termination, be granted full vacation pay earned up to the time he leaves the service, including pay for vacation earned in the preceding year or years and not yet granted, and the vacation for the succeeding year if the employe has qualified therefor under Section l. If an employe thus entitled to vacation or vacation pay shall die, the vacation pay earned and not received shall be paid to such beneficiary as may have been designated, or, in the absence of such designation, the surviving spouse or children or his estate, in that order of preference.

(From National Agreement dated January 18, 1961.)

Section 9 - The terms of this agreement shall not be construed to deprive any employe of such additional vacation days as he may be entitled to receive under any existing rule, understanding or custom, which additional vacation days shall be accorded under and in accordance with the terms of such existing rule, understanding or custom.

Section 10 - Any dispute or controversy arising out of the interpretation or application of any of the provisions of this agreement will be handled on the property in the same manner as other disputes. If the dispute or controversy is not settled on the property and either the carrier or the organization desires that the dispute or controversy be handled further, it shall be referred by either party for decision to a committee, the carrier members of which shall be five members of the Carriers’ Conference Committees signatory hereto, or their successors; and the employe members of which shall be the chief executives of the five organizations signatory hereto, or their representatives, or successors. It is agreed that the Committee herein provided will meet between January 1 and June 30 and July 1 and December 31 of each year if any disputes or controversies have been filed for consideration. In event of failure to reach agreement the dispute or controversy shall be arbitrated in accordance with the Railway Labor Act, as amended, the arbitration being handled by such Committee. Interpretation or application agreed upon by such committee, or fixed by such arbitration, shall be final and binding as an interpretation or application of this agreement.

Section 11 – This vacation agreement shall be construed as a separate agreement by and on behalf of each carrier party hereto, and its railroad employes represented by the respective organizations signatory hereto, and effective July 1, 1949, supersedes the Consolidated Uniform Vacation Agreement dated June 6, 1945, in so far as said agreement applies to and defines the rights and obligations of the carriers parties to this agreement and the employes of such carriers represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen and Switchmen’s Union of North America.

An employe who has taken or it scheduled to commence his vacation during the year 1949 prior to July 1, 1949, shall not be entitled to the increased vacation nor to the vacation allowance provided for herein during the period July 1, 1949 - December 31, 1949.

Section 12 – This vacation agreement shall continue in effect until changed or modified in accordance with provisions in the Railway Labor Act, as amended.

Section 13 – This Agreement is subject to approval of courts with respect to carriers in hands of receivers or trustees.

Section 14 – The parties hereto having in mind conditions which exist or may arise on individual carriers in making provisions for vacations with pay, agree that the duly authorized representative (General Chairman) of the employes, party to this agreement, and the officer designated by the carrier, may enter into additional written understandings to implement the purposes of this agreement, provided that such understandings shall not be inconsistent with this agreement.

(From National Agreement dated April 29, 1949.)

(The Vacation Agreement rules quoted above incorporate current provisions of the 1949 National Vacation Agreement and Amendments provided in the National Agreements of August 17, 1954, January 18, 1961, and November 17, 1964, as well as Letter of November 24, 1964, from J. E. Wolfe to C. J. Coughlin, with appropriate source identification.)

MEMORANDUM

Chicago, Illinois, April 29, 1949

Referring to agreement, signed this date, between employes represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order Of Railway Conductors, Brotherhood of Railroad Trainmen, and the Switchmen’s Union of North America, and Carriers represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, with respect to vacations with pay:

In computing basic days in miles or hours paid for, as provided in Section 1 of said agreement, the parties agree that the following interpretations shall apply:

(Signatures not reproduced.)

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