The Atchison, Topeka and Santa FeRailway CompanyEASTERN AND WESTERN LINES(excluding Northern and Southern Divisions)The following Schedule of Rates, Rules andRegulations is hereby agreed upon between thisCompany and its Locomotive Engineers. |
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ARTICLE 1(a) No payment of arbitraries or special allowance rules shall operate to produce duplicate payment in either time or mileage. Captions(b) Captions in this agreement are for convenience and shall not affect any construction or interpretation of this agreement. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ARTICLE 2Rates of Pay Passenger Service(a) The compensation of Engineers in passenger service shall be as follows: Standard Basic Daily and Mileage Rates of Pay,
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| WEIGHT ON DRIVERS (Pounds) | Daily Rates | * Mileage Rates (Cents) |
|---|---|---|
| Less than 80,000 | $22.01 | 20.26 |
| 80,000 and less than 100,000 | 22.01 | 20.26 |
| 100,000 and less than 140,000 | 22.10 | 20.35 |
| 140,000 and less than 170,000 | 22.18 | 20.43 |
| 170,000 and less than 200,000 | 22.27 | 20.52 |
| 200,000 and less than 250,000 | 22.36 | 20.61 |
| 250,000 and less than 300,000 | 22.44 | 20.69 |
| 300,000 and less than 350,000 | 22.53 | 20.78 |
| 350,000 and less than 400,000 | 22.61 | 20.86 |
| 400,000 and less than 450,000 | 22.70 | 20.95 |
| 450,000 and less than 500,000 | 22.79 | 21.04 |
| 500,000 and less than 550,000 | 22.87 | 21.12 |
| 550,000 and less than 600,000 | 22.96 | 21.21 |
| 600,000 and less than 650,000 | 23.04 | 21.29 |
| 650,000 and less than 700,000 | 23.13 | 21.38 |
| 700,000 and less than 750,000 | 23.21 | 21.46 |
| 750,000 and less than 800,000 | 23.30 | 21.55 |
| 800,000 and less than 850,000 | 23.38 | 21.63 |
| 850,000 and less than 900,000 | 23.47 | 21.72 |
| 900,000 and less than 950,000 | 23.55 | 21.80 |
| 950,000 and less than 1,000,000 | 23.64 | 21.89 |
| 1,000,000 pounds and over.... | With .08 and .09 alternately added for each 50,000 lbs.or fraction thereof | |
(b-1) In all passenger service, the earnings from mileage, overtime or other rules applicable, for each day service is performed, shall be not less than $23.53 for engineers.
(b-2) In applying the $23.53 minimum for engineers in passenger service, it is intended that on assignments where the men run so as to make only the equivalent of a single trip in one direction each day, they shall be paid the guaranteed minimum for each single trip.
For example: On a 100-mile division men double the road Monday, lay over Tuesday, double Wednesday, and lay over Thursday, etc. They should be allowed the minimum for each leg of their turn-around trip.
On the same division other crews double the road Monday and Tuesday, and lay over Wednesday, double Thursday and Friday, and lay over Saturday. These men make the equivalent of four single trips every three days, and therefore would not be entitled to the minimum for each trip.
(c) One hundred miles or less (straight-away or turn-around) five hours or less, except as provided in Paragraph (d) of this Article 2 shall constitute a day’s work. Miles in excess of 100 will be paid for at the mileage rate provided.
(d) On the turn-around trips in passenger service where the single is less than one hundred miles, and eight hours has expired between calls, two hundred miles will be allowed. It is understood that in case eight hours or more has expired between calls, no overtime will be allowed on either leg of the run until the time on duty on that leg has exceeded eight hours; if on duty on either leg in excess of eight hours, all time on duty in excess of eight hours will be paid for as overtime. This will not apply to assigned short runs where two or more round trips are made in one day. Twelve and one-half miles per hour will be the running time where continuous time is used.
(e) Engineers on other passenger runs shall be paid overtime on a speed basis of 20 miles per hour computed continuously from the time required to report for duty until released at the end of the last run. Over6me shall be computed on the basis of actual overtime worked or held for duty, except that when the minimum day is paid for the service performed, overtime shall not accrue until the expiration of 5 hours from the time of first reporting for duty.
(f) Overtime in all passenger service shall be paid for on the minute basis at a rate per hour of one-eighth of the daily rate herein provided.
(g-1) An irregular passenger train will include any passenger train not shown on time table. This will include soldier trains, excursion trains, deadhead equipment trains, and trains consisting of business cars, etc. Pay of engineers in irregular passenger service shall be twenty (20) miles per hour with a minimum of eight hours or one hundred and sixty (160) miles per day. If the business of a regular carded train warrants more than one section, the other sections will be handled at regular passenger rates and rules.
(g-2) The following will govern the application of Paragraph (g-1) of this Article 2:
First: Engineers handling company official specials may be run into, out of and through terminals in continuous service for continuous time.
Second: Engineers handling revenue irregular passenger trains may be run into, out of and through terminals where no extra passenger board is maintained in continuous service for payment of continuous time and may also be used in continuous service for continuous time on the same district into and out of terminals where extra passenger board is maintained, but will not be run onto another district through a terminal where extra passenger board is maintained except subject to the first in, first out rule. When run onto another district through a terminal where extra passenger board is maintained, engineers handling revenue irregular passenger trains will start a new day.
Third: When engineers are run off their seniority district, a new day will be paid for service on the foreign seniority district; this not to be considered as applying to extra passenger engineers assigned to protect service over two or more seniority districts or where engineers regularly use part of a neighboring division in protecting service on their seniority district.
Fourth: The present practice of tying up engineers in irregular passenger service at any point without pay for time tied up will continue in effect.
(g-3) Where an unassigned section of a regular carded passenger train is made up exclusively of tour cars, the engineer handling such section of a regular carded train will be entitled to pay on the basis of the irregular passenger rule, and, where an unassigned extra section of a regular carded passenger train consists of both tour cars and regular equipment, determination as to whether it constitutes an irregular passenger train or a section of a regular passenger train will be based on the predominant equipment; i.e., if predominantly tour cars, pay will be allowed as an irregular passenger train, otherwise payment will be the same as if the train consisted only of regular equipment.
(h) Engineers handling motor cars in passenger service, regardless of whether operated by gasoline, steam, electricity or other motive power, to be paid $22.01 per hundred miles or less.
(i-1) Initial terminal delay shall be paid on a minute basis to engineers in passenger service after one (1) hour’s unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal (”terminal” means passenger station or other starting point from which the train actually departs), at one-eighth (1/8) of the basic daily rate, according to class of engine used, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
Where mileage is allowed between the point of reporting and the point of departure, each mile so allowed will extend by three (3) minutes the one (1) hour period after which initial terminal delay payment begins.
(i-2) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.
(i-3) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.
Note: Where existing schedule rules require a carrier to bring engineers on duty more than forty-five (45) minutes prior to departure of the train on which they are to be used, such rules shall be revised to permit the Management to designate the time they are to report for duty.
(From Section 10 of National Agreement dated August 11, 1948)
(j) For passenger service, final terminal delay shall be computed from the time train reaches terminal station.
(k) Final terminal delay, after the lapse of thirty minutes, will be paid for the full delay at the end of the trip, at the overtime rate on a minute basis.
(l) If road overtime has commenced, terminal overtime shall not apply, and road overtime will be paid to point of final relief.
(m) Engineers in passenger service will be paid $2.845 per hour for handling back-ups between Kansas City and Argentine. Time set to depart from Argentine shall be but one hour in advance of the schedule leaving time at Kansas City and one hour only will be paid and not to exceed that for handling back-ups Argentine to Kansas City. In handling back-ups from Kansas City to Argentine time will be computed from actual time of arrival at Kansas City Union Depot, and will terminate with time engine is placed on ingoing or designated roundhouse track at Argentine. If less than one hour, one hour will be paid. Overtime on the outgoing trip will be computed on a minute basis.
(n-1) An extra passenger board will be maintained at points where it can be supported; the same to be considered preferred service and the senior engineers to be eligible for same.
(n-2) When engineers’ passenger extra board is not maintained or when such board is exhausted, extra passenger service will be protected by the first-out qualified pool freight or combined freight board engineer on the district at time of call. Under this rule, engineers used in extra passenger service will take the turn and working conditions of the men they relieve and will go to the foot of the board upon return to the terminal.
(o-1) Commencing with the effective date of this Agreement, engineer vacancies (including vacations) in passenger service, including extra board, when known to be for ten (10) days or longer, will be considered as permanent and filled by standing bids from qualified engineers.
(o-2) When an engineer is assigned to a vacancy through a standing bid, all such bids he has on file will be destroyed, and it will be necessary that he file a new bid if he desires to be considered for any other vacancy.
(o-3) An engineer whose former assignment has been filled during his absence under Paragraph (o-1) hereof, will, upon marking up for service, exercise seniority over any engineer his junior, subject to Rule 7 of the Engineers’ Assignment Rules.
(o-4) (a) New assignments (other than passenger extra board) will be advertised, the senior qualified applicant therefor during the bulletin period to be assigned at the time the bulletin closes. An assignment that has been impaired under Rule 2 of the Engineers’ Assignment Rules will be advertised as a new assignment.
(o-4) (b) Advertisements will be posted for at least four (4) days, but not to exceed seven (7) days, prior to assignment.
(o-5) New assignments to the passenger extra board will be filled the same as vacancies under Paragraph (o-1) hereof.
(o-6) If no bids are received for an engineer vacancy or new assignment in passenger service, the senior qualified freight engineer will be assigned.
(o-7) The Carrier will not incur penalty in deadheading extra men to outside assignments to relieve other extra men who may stand for assignment under this rule.
(o-8) An engineer force assigned to a permanent vacancy on an outside assignment for which no bid received under this rule will be allowed pay under the deadhead rules.
(p) Passenger engineers will, so far as practicable, be kept on regular runs.
(q) Colorado Division passenger engineers between Albuquerque and La Junta will run first in, first out on their assigned districts.
(r) On the Fourth District of the Colorado Division between Las Vegas and Albuquerque, an extra engineer will hold the run that he is called for until relieved by the regular engineer or the run is advertised and bid in, or assigned by standing bid.
(a-1) Rates for engineers in through and irregular freight, pusher, helper, mine run or roustabout, work, wreck, construction, snow plow, circus trains, trains established for the exclusive purpose of handling milk, and all other unclassified service shall be as follows:
| With Helper | Without Helper | |||
|---|---|---|---|---|
| Weight on Drivers (pounds) | Daily Rates | * Mileage Rates (cents) | Daily Rates | * Mileage Rates (cents) |
| Less than 140,000 | $23.54 | 21.79 | $25.04 | 23.29 |
| 140,000 and less than 200,000 | 23.97 | 22.22 | 25.47 | 23.72 |
| 200,000 and less than 250,000 | 24.14 | 22.39 | 25.64 | 23.89 |
| 250,000 and less than 300,000 | 24.29 | 22.54 | 25.79 | 24.04 |
| 300,000 and less than 350,000 | 24.44 | 22.69 | 25.94 | 24.19 |
| 350,000 and less than 400,000 | 24.65 | 22.90 | 26.15 | 24.40 |
| 400,000 and less than 450,000 | 24.86 | 23.11 | 26.36 | 24.61 |
| 450,000 and less than 500,000 | 25.07 | 23.32 | 26.57 | 24.82 |
| 500,000 and less than 550,000 | 25.28 | 23.53 | 26.78 | 25.03 |
| 550,000 and less than 600,000 | 25.46 | 23.71 | 26.96 | 25.21 |
| 600,000 and less than 650,000 | 25.64 | 23.89 | 27.14 | 25.39 |
| 650 000 and less than 700 000 | 25.82 | 24.07 | 27.32 | 25.57 |
| 700,000 and less than 750,000 | 26.00 | 24.25 | 27.50 | 25.75 |
| 750 000 and less than 800 000 | 26.18 | 24.43 | 27.68 | 25.93 |
| 800,000 and less than 850,000 | 26.36 | 24.61 | 27.86 | 26.11 |
| 850,000 and less than 900,000 | 26.54 | 24.79 | 28.04 | 26.29 |
| 900,000 and less than 950,000 | 26.72 | 24.97 | 28.22 | 26.47 |
| 950,000 and less than 1,000,000 | 26.90 | 25.15 | 28.40 | 26.65 |
| 1,000,000 pounds and over.... | With .18 added for each additional 50,000 lbs. or fraction thereof | |||
(a-2) The term ”helper” as used herein will be understood to mean the second man employed on locomotives other than steam power.
(b) In all classes of service covered by Paragraph (a-1) of this Article 3, except circus trains, 100 miles or less eight hours or less (straight-away or turn-around) shall constitute a day’s work; miles in excess of miles required for a minimum day will be paid for at the mileage rates provided.
(c) On runs of 100 miles or less overtime will begin at the expiration of eight hours. On runs of over 100 miles overtime will begin when the time on duty exceeds the miles run by 12-1/2. Overtime shall be paid for on the minute basis, at an hourly rate of three-sixteenths of the daily rate.
(d) For local or way freight service, 56 cents per 100 miles or less for engineers shall be added to the through freight rates; miles over 100 to be paid for pro rata.
(e) Through freight rates and rules apply only to engineers on locomotives regularly equipped with plows, or pushing wedge, rotary or Jull plows, while assigned to snow plow service. Engineers in snow plow service shall not be paid continuous time when tied up at intermediate points for rest or other causes.
(f) Engineers handling circus trains that stop to exhibit will be paid twelve hours and forty-eight minutes or one hundred sixty (160) miles for each move, including loading and unloading of circus, with overtime on 12-1/2 miles per hour basis. If less than twelve hours and forty-eight minutes are used in last move, actual time will be paid with a minimum of one hundred (100) miles, provided circus is not unloaded on arrival. Engineers used in other service during time circus is exhibiting shall be paid extra therefor, according to the class of service performed. For handling circuses that do not exhibit between terminals crews shall be paid freight rates. Engineers tied up at intermediate points with circus trains for twenty-four (24) consecutive hours and not used, will be paid one hundred (100) miles.
(g) Freight engineers in unassigned service will run first in, first out of terminals on their assigned districts, except as provided in Paragraph (h) of this Article 3. The arrival time at a designated point at individual terminals, as may be agreed to locally, will govern their mark-up time on the board at such terminals. The second sentence of this rule not to apply to engineers protecting temporary work trains performing work train service both inside and outside of switching limits at the terminal.
(h) Engineers in pool or irregular freight service may be called to make short trips and turnarounds with the understanding that one or more turnaround trips may be started out of the same terminal and paid actual miles with a minimum of 100 miles for a day, provided (1) that the mileage of all the trips does not exceed 100 miles, (2) that the distance run from the terminal to the turning point does not exceed 25 miles, and (3) that engineers shall not be required to begin work on a succeeding trip out of the initial terminal after having been on duty eight consecutive hours, except as a new day subject to the first in first out rule.
(i-1) Initial terminal delay shall be paid on a minute basis to engineers in through freight service after one (1) hour and fifteen (15) minutes’ unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal, at one-eighth (1/8) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
Where mileage is allowed between the point of reporting for duty and the point of departure from the track on which the train is first made up, each mile so allowed will extend by 4.8 minutes the period of one (1) hour and fifteen (15) minutes after which initial terminal delay payment begins.
(i-2) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.
(i-3) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.
(From Section 11 of National Agreement dated August 11, 1948)
(j-1) For freight service, final terminal delay shall be computed from the time the engine reaches designated main track switch connection with the yard track.
(j-2) Final terminal delay, after the lapse of thirty (30) minutes, will be paid for the full delay at the end of the trip. If road overtime has commenced, terminal overtime shall not apply, and road overtime will be paid to point of final relief. If road overtime has not commenced, the final delay shall be paid at the pro rata hourly rate up to the point where overtime period begins, and at an hourly rate of three-sixteenths (3/16) of the daily rate thereafter, all on the minute basis.
(k) Switching done at terminals where switch engines are not employed will be paid for as follows: Where the mileage of the trip is 100 or more, or the time consumed on the road trip computed from the time of departure from the initial terminal is eight hours or more, switching at the initial terminal will be paid for at pro rata on the minute basis from time of reporting for duty until time of departure; and switching at the final terminal will be paid for at pro rata on the minute basis up to the time where road overtime commences, and at time and one-half thereafter. Where the mileage of the trip is less than 100 and the time consumed on the road trip is less than eight hours, no payment will be allowed under this rule.
(l-1) Commencing with the effective date of this Agreement, engineer vacancies (including vacations) in all classes of road freight service, including extra board, when known to be for ten (10) days or longer, will be considered as permanent and filled by standing bids.
(l-2) When an engineer is assigned to a vacancy through a standing bid, all such bids he has on file will be destroyed, and it will be necessary that he file a new bid if he desires to be considered for any other vacancy.
(l-3) An engineer whose former assignment has been filled during his absence under Paragraph (1-1) hereof will, upon marking up for service, exercise seniority over any engineer his junior, subject to Rule 7 of the Engineers’ Assignment Rules.
(l-4) (a) New assignments (in other than pool freight and the extra board) will be advertised, the senior applicant therefor during the bulletin period to be assigned at the time the bulletin closes. An assignment that has been impaired under Rule 2 of the Engineers’ Assignment Rules will be advertised as a new assignment.
(l-4) (b) Advertisements will be posted for at least four (4) days, but not to exceed seven (7) days prior to assignment.
(l-5) New assignments in pool freight and the extra board will be filled the same as vacancies under Paragraph (l-1) hereof.
(l-6) If no bids are received for an engineer vacancy or new assignment, the senior demoted engineer will be placed on the engineers’ working list to fill such vacancy at the time assignment is made.
(l-7) The Carrier will not incur penalty in deadheading extra men to outside assignments to relieve other extra men who may stand for assignment under this rule.
(l-8) An engineer force assigned to a permanent vacancy on an outside assignment for which no bid received under this rule will be allowed pay under the deadhead rules.
| NOTE: | (1) | Bids must be in writing and filed with the proper authority with a copy to the Local Chairman of the Brotherhood of Locomotive Engineers. |
| (2) | Standing bids shall designate the assignments desired in both freight and passenger service in preference order; i.e., the most desired will be designated as first, the next most desired as second, etc. In the event an applicant is the senior bidder for more than one vacancy being filled simultaneously, he will be assigned to the one for which he has indicated the greatest preference. | |
| (3) | A standing bid may be changed or withdrawn at any time prior to the date it is honored by serving written notice to the proper authority with copy to the Local Chairman but such change or withdrawal will not be effective until five days after it is filed. |