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ARTICLE 4
Pay For Handling Mixed Trains
Engineers on mixed trains will be paid passenger rates and rules when no freight cars are handled during the day or trip. When freight cars are handled during any portion of the day or trip they will be paid the highest rate applicable to any class of service performed for entire trip with a minimum of one hundred miles for the combined service. The overtime basis for the rate paid will apply for the entire trip.
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List of Agreements
1966 Contract Index
Article
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Article
4 - 8
Article
9 - 21
Article
22 - 32
Speed Tables
Appendix
1 - 7
Appendix
8 - 21
Appendix
22 - 30
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ARTICLE 5
Beginning of Helper Day
(a) Time of engineers in helper service commences at time required to report
for duty, as designated in caller’s book, and will continue for eight hours and thereafter until return to home terminal.
Full Month For Assigned Men
In Helper Service
(b) Engineers assigned to helper service shall receive one day’s pay, if not called for duty, and such allowance shall be made in addition to any overtime earned, except such part of the second day started on the previous date as extends beyond midnight will be used in making up payment for a ”no call” day.
(c) No part of a single day of previous date, or overtime of same, that extends beyond midnight will be used in making payment for a ”no call” day.
Lamy Helper Engineers Turning Engines
On Wye
(d) When engineers regularly assigned to helper service arriving at Lamy after completion of the day are required to turn their engines on the wye, an allowance of thirty minutes at pro rata will be made.
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ARTICLE 6
Full Month To Assigned Engineers In Work Train Service
(a) Engineers assigned to work train service will be paid for working days not used.
Using Assigned Engineers In Work Train Service In Other Service
(b) This will not prevent using them in chain gang or other service, provided they are used in their turn, it being understood that they will not be run around other chain gang crew for other service.
Assignment of Engineers To Work Train Service
(c-1) If a work train is ordered for less than five (5) consecutive days, it shall be temporary work train service. Work train service known to be for five (5) days or more will be advertised for the oldest engineer in point of seniority.
(c-2) Temporary work train service, or work trains under advertisement, working out of an extra board point, will be protected by engineers from the extra board. At other than extra board points, such work train service will be protected by chain gang engineers, except that when no chain gang engineer is available at the point an extra engineer will be used.
An engineer protecting a temporary work train will remain thereon –
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(1)
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An extra engineer - until the work train returns to the extra board point, in which event it will be protected on the next trip out of such point by the extra engineer first out. *A chain gang engineer - until he works into a chain gang terminal, or,
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(2)
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If the service is advertised, until the engineer assigned thereto is available to
protect the assignment,
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whichever occurs first.
This Paragraph (c-2) will have no application on a territory on which a combined freight board is in operation.
* This sentence will not supersede the provisions of the so-called Canadian Run-Through Agreement.
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ARTICLE 7
Handling Locomotives Light
(a) Engineers will be paid freight rates for running locomotives light, except when such movement is in connection with a passenger train, in which event passenger rates will apply.
Combination Trips
(b) Engineers double-heading on passenger trains and returning light will be paid passenger rates.
More Than One Class of Road Service Rule
(c) Road engineers employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:
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A.
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Payment:
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(1)
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Except as qualified by A-(2) below, payment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to apply for the entire trip. Not less than a minimum day will be paid for the combined service.
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When two or more locomotives of different weight on drivers are used during a trip or day’s work, the highest rate applicable to any engine used shall be paid to the engineer for the entire day or trip.
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(2)
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Road engineers in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service.
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The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.
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When two or more locomotives of different weight on drivers are used during a trip or day’s work, the highest rate applicable to any engine shall be paid to the engineer for the entire day or trip.
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Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours required for the regular trip.
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Examples For The Application of
This Paragraph A-(2) Are:
(a) An engineer in through freight service on a run of 100 miles is on duty a spread of 8 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata for the trip plus 2 hours at pro rata for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(b) An engineer in through freight service on a run of 100 miles is on duty a spread of 9 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata for the trip plus 1 hour at pro rata and 1 hour at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(c) An engineer in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(d) An engineer in through freight service on a run of 100 miles is on duty a spread of 12 hours, including 2 hours of another class of road service - Engineer will be paid 100 miles or 8 hours at pro rata plus 2 hours at time and one-half for the trip plus 2 hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(e) An engineer in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service – Engineer will be paid 150 miles or 12 hours at pro rata for the trip plus 2 hours at pro rata for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
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B.
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This rule applies to:
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(1)
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Unassigned and/or assigned road service.
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(2)
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Another class of road service regardless of when notified, whether
at time called, at the outset of, or during the tour of duty.
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(3)
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Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.
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C.
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This rule does not involve the combining of road with yard service nor modify or set aside:
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(1)
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Lap-back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.
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(2)
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Conversion rules.
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(3)
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Terminal switching and/or special terminal allowance rules.
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(From Arbitration Award dated December 3, 1952, effective February 1, 1953.)
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Running For Water or Fuel, Turning on Wyes
(d) Engineers will be allowed actual mileage for running for water or fuel and turning on wyes, such mileage to be included in total mileage of the trip.
Locomotive Tonnage Ratings
(e-1) Locomotive tonnage ratings will be established and published in bulletin books by Management; such published ratings to be subject to road test by actual operation if requested by organization representative, who may be present if desired.
Doubling Hills
(e-2) When engineers are compelled to double hills they will be allowed the actual mileage doubled with a minimum of twenty-five (25) miles. When required to double the hill as a result of tonnage of the train exceeding the rating of the locomotive, one hundred (100) miles at the through freight rate will be allowed. If required to double out of the initial terminal, engineers will be paid one hundred (100) miles in addition to all other earnings.
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It is understood that if all units of the locomotive are functioning
properly at the time train starts from the initial terminal and
tonnage in train does not exceed rating of the locomotive, and a
unit or units of the locomotive fail while a portion of the train is still
within yard or switching limits of the terminal, engineers compelled
to double hill will be allowed the actual mileage doubled with a
minimum of twenty-five (25) miles.
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Emergency Side and Lap-Back Trips
(f) When engineers are required to make an emergency side or lap-back trip
between their terminals, miles made will be added to the mileage of the regular trip and paid for on continuous basis. Side trips under this rule refer only to such trips on their assigned division; further, side trips will not be made out of intermediate points where chain gang or extra crews are located and assigned to protect that class of service. If side trips are made contrary to the second sentence of this rule, crew making the side trip will be paid for same as an independent trip, time used on the side trip to be deducted from time of main trip.
Short Trips Due To Conditions In Connection
With Own Train
(g) Engineers required to make short trips from a terminal to an outlying point and return, from an outlying point to a terminal and return, or from an intermediate point to another intermediate point and return, on account of engine failure, running for fuel or water, running for wreck car or carmen, or on account of a derailment, when such conditions arise in connection with their own train, will be paid continuous time or mileage.
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ARTICLE 8
Rates of Pay – Switch Engineers
(a-1) In switching service the minimum rate of wages per day of eight (8) hours or less, shall be:
Standard Basic Daily Rates of Pay,
All Territories, As of June 1, 1964
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With Helper |
Without Helper |
| Weight on Drivers (pounds) |
Six or Seven Day Work Week |
Five Day Work Week |
Six or Seven Day Work Week |
Five Day Work Week |
| Less than 140,000 |
$24.55 |
$27.10 |
$26.05 |
$28.60 |
| 140,000 and less than 200,000 |
24.98 |
27.62 |
26.48 |
29.12 |
| 200,000 and less than 250,000 |
25.15 |
27.82 |
26.65 |
29.32 |
| 250,000 and less than 300,000 |
25.30 |
28.00 |
26.80 |
29.50 |
| 300,000 and less than 350,000 |
25.45 |
28.18 |
26.95 |
29.68 |
| 350,000 and less than 400,000 |
25.66 |
28.44 |
27.16 |
29.94 |
| 400,000 and less than 450,000 |
25.87 |
28.69 |
27.37 |
30.19 |
| 450,000 and less than 500,000 |
26.08 |
28. 94 |
27.58 |
30.44 |
| 500,000 and less than 550,000 |
26.29 |
29.19 |
27.79 |
30.69 |
| 550,000 and less than 600,000 |
26.47 |
29.41 |
27.97 |
30.91 |
| 600,000 and less than 650,000 |
26.65 |
29.62 |
28.15 |
31.12 |
| 650,000 and less than 700,000 |
26.83 |
29. 84 |
28.33 |
31.34 |
| 700,000 and less than 750,000 |
27.01 |
30.06 |
28.51 |
31.56 |
| 750,000 and less than 800,000 |
27.19 |
30.27 |
28.69 |
31.77 |
| 800 000 and less than 850 000 |
27.37 |
30.49 |
28.87 |
31.99 |
| 850,000 and less than 900,000 |
27.55 |
30.70 |
29.05 |
32.20 |
| 900 000 and less than 950 000 |
27.73 |
30.92 |
29.23 |
32.42 |
| 950,000 and less than 1,000,000 |
27.91 |
31.14 |
29.41 |
32.64 |
| 1,000,000 pounds and over |
With .18 added for each add’l. 50,000 lbs. or fraction thereof |
With .21 added for each add’l. 50,000 lbs. or fraction thereof |
With .18 added for each add’l. 50,000 lbs. or fraction thereof |
With .21 added for each add’l. 50,000 lbs. or fraction thereof |
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When two or more locomotives of different weights on drivers are used during a trip or day’s work, the highest rate applicable to any engine used shall be paid for the entire day or trip.
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(a-2) The term ”helper” as used herein will be understood to mean the second
man employed on locomotives other than steam power.
Beginning and Ending of Day – Yard Service
(b) Time to begin when required to report for duty and to end at time engine is placed on designated track or engineer is released.
Overtime Rate In Yard Service – Regular Engineers
(c-1) Except when changing off where it is the practice to work alternately days and
nights for certain periods, working through two shifts to change off; or when exercising seniority rights from one assignment to another, all time worked in excess of 8 hours continuous service in a 24-hour period shall be paid for as overtime, on the minute basis, at one and one-half times the hourly rate.
(c-2) The above rule applies only to service paid on the hourly or daily basis and not
to service paid on mileage or road basis.
Overtime Rate In Yard Service –
Extra Engineers
(c-3) Except as indicated below or when changing off where it is the practice to work
alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as over- time on a minute basis at one and one-half times the hourly rate.
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In the application of this rule, the following shall govern:
(a) This rule applies only to service paid on an hourly or daily basis and not to
service paid on mileage or road basis.
(b) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term ”road service,” as used in this Paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.)
(c) Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from
the starting time of the first shift.
A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which his basic day was paid for at the pro rata rate.
(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work following such change.
(e) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were in the same grade of service, except where there is another man available to perform the work at pro rata rate.
NOTE (1): On railroads where a seniority board is in effect the rule shall include a provision that in cases where there is a man or men on the board available for work at the pro rata rate, a senior man who exercises his seniority to work two shifts, the second of which would otherwise, under the provisions of this rule, be paid at the overtime rate, shall be paid at the pro rata rate.
NOTE (2): The adoption of this rule shall not affect any existing rule in the schedule of any individual carrier relating to service performed on a succeeding trick when an employe’s relief fails to report at the fixed starting time.
NOTE (3): Existing rules and practices on individual carriers for regular engineers are not changed hereby.
(From Section 9 of National Agreement dated August 11, 194k)
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Assigned Hours – Yard Service
(d-1) Yard engineers shall be assigned for a fixed period of time, which shall be for the same hours daily for all regular members of a crew. So far as is practicable assignments shall be restricted to 8 hours’ work.
Five-Day Week Assignments
(d-2) Where, with substantial regularity, there are only five days of work per week for a particular assignment, the carrier will bulletin or otherwise establish such assignment for five days per week, and thereafter the yard engineers filling such assignment, either the regularly assigned engineer, or an extra engineer, will be paid the five-day week yard rates for service performed on the five days included in such assignment. Service on shifts or on days not included in the assignment will be paid for on the basis and at the rate applicable to the service performed. Rules guaranteeing more than five days per week on yard assignments are hereby modified on carriers where this rule is adopted so as to conform to the principles of this rule. Nothing in this rule shall be construed to create a guarantee, or to change or modify rules or practices dealing with the carrier’s right to annul assignments. Except as specifically provided herein, none of the provisions of Article 3 (Six-Day Work Week) of the Interim Agreement, or Article 3 (Five-Day Work Week) of Agreement ”A”, of May 23, 1952, as amended, are affected hereby.
(From Article VII of National Agreement dated July 18, 1957.)
Lunch Time
(e) Yard crews will be allowed 20 minutes for lunch between 4 1/2 and 6 hours after starting work without deduction in pay.
(f) The lunch period must be given and completed within four and one-half and six hours. This applies to both the first and second lunch periods.
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Starting Time
(g) Regularly assigned yard crews shall each have a fixed starting time and the starting time of a crew will not be changed without at least 48 hours’ advance notice. Practices on individual roads as to handling of transfer crews are not affected by this section.
(h) Where three 8-hour shifts are worked in continuous service, the time for the first shift. to begin work will be between 6: 30 a.m and 8: 00 a.m., the second 2:30 p.m and 4:00 p.m, and the third 10:30 p.m. and 12 midnight.
(i) Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in Paragraph (h) of this Article 8.
(j) Where two shifts are worked not in continuous service the time for the first shift to begin work will be between the hours of 6:30 a.m. and 10:00 a.m, and the second not later than 10:30 p.m
(k) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in Paragraphs (h) or (j) of this Article 8.
(l) At points where only one yard crew is regularly employed, they can be started at any time, subject to Paragraph (g) of this Article 8.
(m) Exceptions to starting time roles may be made by agreement between the General Chairman and Management where such handling is found necessary in meeting local service requirements.
Calculating Assignments and Meal Periods
(n) The time for fixing the beginning of assignments or meal period is to be calculated from the time fixed for the crew to begin work as a unit, without regard to preparatory or individual duties.
Point For Beginning and Ending Day – Yard Service
(o) Engineers shall have a designated point for going on duty and a designated point for going off duty, such points to be mutually agreed upon.
Advance Notice of Abolishment or
Annulment – Yard Service
(p) Yard engineers will be given not less than twenty (20) hours’ advance notice of abolishment or annulment of their assignments to enable them to exercise their seniority rights.
Running Switch Engines Outside of
Switching Limits
(q) Where regularly assigned to perform service within switching limits, yard men shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service.
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Road Engineers Called For Temporary
Yard Service
(r) When road engineers called upon to run switch engines are thereby deprived of making a trip on the road they shall be paid road rates for the first day and switch pay thereafter. If not deprived of making a trip on the road, switch pay shall be allowed.
(s) When necessary to call a road engineer for switching service, the first man on extra board shall be called.
Belt Line and Transfer Service
(t) Switch engineers assigned to transfer service shall be paid per Paragraph (a-1) of this Article 8. The following crews will be assigned to transfer service:
Chicago Terminals
Six Engines
Kansas City Terminals
Six Engines
Pueblo Terminal
One Minnequa Drag Run
(u) This will not prevent the use of crews assigned to transfer service in switching or other service or vice versa.
10-Day Vacancy Rule – Yard Service
(v) Any known vacancy for yard engineer of ten days or longer (including vacation) will be considered as a permanent vacancy and filled as such.
Advertisement Period – Yard Service
(w) Advertisements will be posted for at least four (4) days, but not to exceed seven (7) days, prior to assignment.
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Switching Service For New Industries
(x-1) Where an industry desires to locate outside of existing switching limits at points where yard crews are employed, the carrier may assure switching service at such location even though switching limits be not changed, and may perform such service with yard crews from a yard or yards embraced within one and the same switching limits without additional compensation or penalties therefor to yard or road crews, provided the switch governing movements from the main track to the track or tracks serving such industry is located at a point not to exceed four miles from the then existing switching limits. Road crews may perform service at such industry only to the extent they could do so if such industry were within switching limits. Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with rules governing changes in switching limits.
The yard engineer or yard engineers involved shall keep account of and report to the carrier daily on form provided the actual time consumed by the yard crew or crews outside of the switching limits in serving the industry in accordance with this rule and a statement of such time shall be furnished the BLE General Chairman or General Chairmen representing yard and road engineers by the carrier each month. The BLE General Chairman or General Chairmen involved may at periodic intervals of not less than three months designate a plan for apportionment of time whereby road engineers from the seniority district on which the industry is located may work in yard service under yard rules and conditions to offset the time consumed by yard crews outside the switching limits. Failing to arrange for the apportionment at the indicated periods they will be understood to have waived rights to apportionment for previous periods. Failure on the part of employe representatives to designate an apportionment, the carrier will be under no obligation to do so and will not be subject to claims.
(x-2) This rule shall in no way affect the servicing of industries outside yard or switching limits at points where no yard crews are employed.
(From Article 6 of National Agreement dated May 23, 1952.)
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Changing Switching Limits
(y-1) Where an individual carrier not now having the right to change existing switching limits where yard crews are employed, considers it advisable to change the same, it shall give notice in writing to the General Chairman or General Chairmen of such intention, specifying the change it proposes and the conditions, if any, if proposes shall apply in event of such change. The carrier and the General Chairman or General Chairmen shall, within 30 days, endeavor to negotiate an understanding.
In the event the carrier and the General Chairman or General Chairmen cannot so agree on the matter, any party involved may invoke the services of the National Mediation Board.
If mediation fails, the parties agree that the dispute shall be submitted to arbitration under the Railway Labor Act, as amended. Upon such failure of mediation, the carrier shall designate the exact questions or conditions it desires to submit to arbitration and the General Chairman or General Chairmen shall designate the exact questions or conditions such General Chairman or General Chairmen desire to submit to arbitration. Such questions or conditions shall constitute the questions to be submitted to arbitration.
The arbitrators selected by the parties shall in good faith endeavor to agree on the neutral arbitrator or arbitrators in accordance with the provisions of the Railway Labor Act, as amended. In the event they fail to agree, the neutral arbitrator or arbitrators shall be appointed by the National Mediation Board, all in accordance with the provisions of the Railway Labor Act, as amended. The jurisdiction of the Arbitration Board shall be limited to the questions submitted to it. The award of the Board shall be final and binding upon the parties.
(y-2) This rule shall in no way affect the changing of yard or switching limits at points where no yard crews are employed.
(From Article 7 of National Agreement dated May 23, 1952.)
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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
Top of Page
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