ARTICLE 9

Deadheading

Engineers deadheading under orders on passenger trains will be paid 21.89 cents per mile up to the first 100 miles, and 20.14 cents per mile for all miles over 100; on other trains 23.12 cents per mile up to the first 100 miles, and 21.37 cents per mile for all miles over 100. This to be a flat rate per mile for actual mileage made, no constructive mileage to be allowed, and other service which the engineer may perform on the same day not to be considered in connection with the deadhead trip in any way whatever. If the mileage of the deadhead trip is less than 100 and a service trip is not begun within twenty-four (24) hours from starting time of the deadhead trip, a minimum of 100 miles will be allowed for the deadhead.

Rail mileage will be allowed for deadheading.

Deadheading resulting from the exercise of seniority or the mileage limitations of Article 19 shall not be paid for.

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

ARTICLE 10

Call and Release

(a-1)   An engineer who is called and released at his calling place as much as forty-five (45) minutes in advance of the time he is to report for duty will not claim or be paid a call and release.

Pay When Called and Not Used

(a-2)   When an engineer is called and reports for duty, but is released before the time for going on duty, he shall be allowed pay for 33 miles for the class of service and engine for which called, and stand first out.

(a-3)   If an engineer’s call is canceled after the time arrives for him to go on duty, he will be allowed a minimum day at the rate of the service for which called and stand last out. This does not prohibit the holding of an engineer on duty and under pay on a continuous time basis for the protection of later trains if this will not result in a runaround in the terminal.

ARTICLE 11

Runarounds

(a-1)   Engineers not assigned to regular runs will run first in, first out of terminals. An engineer who may be wrongfully deprived of his turn by reason of engineers being called out of turn shall be paid 100 miles and stand last out.

(a-2)   An engineer in pool freight, in unassigned service or an extra engineer called but not run in turn when called for the same service, for the same objective terminal and over the same route, will be allowed one-third basic day, thirty-three miles, at the rate applicable to the service performed.

(a-3)   When the service for which called does not operate to the same objective terminal and over the same route, the time of call will govern and no runaround penalty will accrue if the engineers involved do not depart from the terminal in turn.

(a-4)   In the event a pool freight engineer departs from the initial terminal (either working or deadheading) and is run around on the road by another engineer from the same pool (either working or deadheading) who departed from the same initial terminal in the same service en route to the same objective terminal over the same route, the engineer so run around may take his turn at the distant terminal in the order in which it departed the initial terminal. In the event the engineer so run around has insufficient time to work under the Hours of Service Law from the distant terminal, he will be run in accordance with his arrival at that terminal and regain his original position upon his arrival at the home terminal. Engineers who are runaround en route under the conditions stipulated herein shall, upon arrival at the objective terminal, place notation on the register or otherwise notify crew clerk in writing, naming the engineer(s) who have run around them so the crew clerk may determine the order in which they are to be called. This is with the understanding that the Carrier will not be penalized where the information required by this rule is not put on the register and/or given the crew clerk in writing, whichever is required at that terminal.

(b)   When two or more extra men are called to deadhead on same train to outside assignments at different points, man first out will get off first, second man gets off second and so on. Coming in to home terminal will mark up on extra board in reverse order, or last man picked up will be first out on extra board.

(c)   When engineers are called from the same class of service, one to deadhead and the other to work on the same train, the first-out engineer will be deadheaded and the second-out engineer will work.

ARTICLE 12

Tying Up Between Terminals

Engineers will not be relieved between terminals, except in case of extraordinary delays, making it impossible to move trains. In such cases an engineer will be paid for the first eight hours after time set for departure before tie-up begins unless 100 miles or more have been made. The first eight hours of each 24, or portion thereof, to be the time for which payment is made. No payment will be made where train is tied up by reason of any portion of the train or engine crew calling for rest.

Immediately after the line is open for traffic, engineers tied up under this rule will be considered under pay.

ARTICLE 13

Rest

Engineers shall not be required to go into service when they need rest, and when rest is needed they must report the fact to the proper authority when they register their arrival. Ten hours off duty shall be considered sufficient with a minimum of eight hours tie-up time.

ARTICLE 14

Federal Act

Pay When Tied Up Between Terminals

(a)   Under the laws limiting the hours on duty, crews in road service will not be tied up unless it is apparent that the trip cannot be completed within the lawful time; and not then, until after the expiration of fourteen hours on duty under the Federal Law, or within two hours of the time limit provided by State Laws, if State Laws govern.

(b)   If road crews are tied up in a less number of hours than provided in the preceding paragraph, they shall not be regarded as having been tied up under the law, and their services will be paid for under Article 12.

(c)   When road crews are tied up between terminals under the law, they shall again be considered on duty and under pay immediately upon the expiration of the minimum legal period off duty applicable to the crews, provided the longest period of rest required by any member of the crew, either eight or ten hours, to be the period of rest for the entire crew.

(d)   A continuous trip will cover movement straight away or turnaround from initial point to the destination train is making when ordered to tie up. If any change is made in the destination after the crew is released for rest a new trip will commence when the crew resumes duty.

(e)   Engineers in train service tied up under the law will be paid continuous time from initial point to tie-up point. When they resume duty on continuous trip, they will be paid from tie-up point to terminal on the following basis: For fifty (50) miles or less, or four (4) hours or less, one-half day; for more than fifty (50) miles, or more than four (4) hours, actual miles or hours, whichever is the greater, with a minimum of one day. It is understood that this does not permit running engines through terminals or around other crews at terminals unless such practice is permitted under the pay schedule.

(f)   Road crews tied up for rest under the law, and then towed or deadheaded into terminal, with or without engine or caboose, will be paid therefor per Paragraph (e) of this Article, the same as if they had run the train to such terminal.

(g)   If any service is required of an engine crew, or if held responsible for the engine, during the tie-up under the law, they will be paid for such service.

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ARTICLE 15

Held Away From Home Terminal

(a-1)   Engineers in pool freight and in unassigned service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed. If held sixteen hours after the expiration of the first twenty-four hour period, they will be paid continuous time for the time so held during the next succeeding eight hours, or until the end of the second twenty-four hour period, and similarly for each twenty-four hour period thereafter.

(a-2)   Should an engineer be called for service or ordered to deadhead after pay begins, the held-away-from-home-terminal time shall cease at the time pay begins for such service or, when deadheading, at the time the train leaves the terminal, except that in no event shall there be duplication of payment for deadhead time and held-away-from-home-terminal time.

(a-3)   Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent service or deadheading.

(a-4)   For the purpose of applying this rule, the railroad will designate a home terminal for each crew in pool freight and in unassigned service.

(From Section 14 of National Agreement of August 11, 1948)

(b)   For the purpose of paying under the above rule, the following will be considered as home terminals for engineers:

Illinois Division:

Eastern Division:

Middle Division:

Colorado Division:

Plains Division:

Slaton Division:

New Mexico Division:

(c)   Points where extra boards are maintained will be considered home terminal for men assigned to same, when protecting unassigned service.

ARTICLE 16

Hostlers

Hostlers shall be provided at division terminals and such other points as may be agreed upon, whose duty it shall be to take engines upon arrival at the designated point in the yard. Engineers shall not be required to put away engines at such stations.

ARTICLE 18

Supplying and Inspecting Engines

(a)   Engineers will not be required to place supplies on or remove supplies from locomotive at point where competent roundhouse force is employed. Supplies include tools and signal equipment for use on locomotive.

(b)   Engineers will make best inspection possible on arrival at terminals, but they will not be required to go underneath the engine to do so, unless engine is on pit.

Efficiency Tests

(c)   We recognize the necessity of making efficiency tests, but when such tests are made they should not be conducted under conditions that are hazardous to employees.

Bulletin Showing Weight on Drivers of
Locomotives

(d)   Bulletins shall be posted at all terminals showing weight on drivers of all locomotives in service.

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ARTICLE 19

Seniority

(a)   Firemen (helpers) shall rank on the firemen’s roster from the date of their first service as firemen (helpers) when called for such service, except as provided in Paragraph (i) of this Article 19, and, when qualified, shall be promoted to positions as engineers in accordance with the following rules:

(b)   Firemen (helpers) shall be examined for promotion according to seniority on the firemen’s roster, and those passing the required examination shall be given certificates of qualification and will establish a seniority date as engineer as provided in Paragraph (f) of this Article 19.

(c)   As soon as a fireman (helper) is promoted, he will be notified in writing by the proper official of the Company of the date of his promotion, and unless he files a written protest within sixty days against such date, he cannot thereafter have it changed. When a date of promotion has been established in accordance with regulations, such date shall be posted, and if not challenged in writing within sixty days after such posting, no protest against such date shall afterwards be heard.

(d)   No fireman (helper) shall be deprived of his rights to examination, nor to promotion in accordance with his relative standing on the firemen’s roster because of any failure to take his examination by reason of the requirements of the Company’s service, by sickness, or by other proper leave of absence, provided that upon his return he shall be immediately called and required to take examination and accept proper assignment.

(e)   The posting of notice of seniority rank per Paragraph (c) shall be done within ten days following date of promotion or hiring, and such notice shall be posted on every bulletin board of the seniority district on which the man holds rank.

(f)   Firemen (helpers) having successfully passed examination for promotion to engineer shall establish a seniority date as engineer as of the date they pass examination for promotion, except as provided in Paragraph (h) of this Article 19. When two or more establish seniority as engineer on the same date, their seniority date as engineer shall be in the same relative standing as the date they hold as firemen. This rule will make no change in the seniority date of any engineer established prior to the effective date of this rule. Firemen (helpers) who have passed examination for promotion, but, as of the effective date of this agreement, have not yet established a seniority date as engineer, will be given a date as engineer of May 1, 1966, in the same relative standing as the date they hold as firemen.

Rules now in effect covering availability of firemen (helpers) at the time of promotion shall continue to govern, as provided in Paragraph (d) of this Article.

No demoted engineer will be permitted to hold a run as fireman (helper) on any seniority district while a junior engineer is working on the engineers’ extra list or holds a regular assignment as engineer on such seniority district.

(g)   On a seniority district where firemen (helpers) are required to fire less than three years, all engineers will be hired.

If required to fire 3 and less than 4 years, 1 promoted and 1 hired.

If required to fire 4 and less than 5 years, 2 promoted and 1 hired.

If required to fire 5 and less than 6 years, 3 promoted to 1 hired.

If required to fire 6 and less than 7 years, 4 promoted to 1 hired.

If required to fire 7 and less than 8 years, 5 promoted to 1 hired.

On seniority districts where fireman (helpers) are required to fire eight years or more, all engineers will be promoted.

The foregoing will not prevent the reinstatement or reemployment of discharged engineers on their former seniority districts at any time.

The Carrier reserves the right to vary from the provisions of this Paragraph (g) whenever conditions demand or in case of emergency.

(h)   In the event an engineer is hired and used in actual service, when, under the requirements of Paragraph (g) of this Article 19, a fireman (or firemen) should have been promoted, the seniority date as engineer thus established shall fix the standing of the senior qualified fireman (or firemen) due to be promoted, provided he (or they) is eligible and qualifies within thirty (30) days, and such promoted fireman (or firemen) shall rank ahead of the hired engineer on the engineers’ seniority list. The hired engineer will retain his date of seniority and be counted in the proportion of engineers to be hired.

(i)   The seniority date of a hired engineer shall be the date of his first service as engineer. An engineer hired or permanently transferred from one seniority district to another shall be given a seniority date as fireman (helper) corresponding with his date as engineer.

(j)   When an engineer temporarily transferred from one division to another makes application for permanent transfer, the seniority of such transferred engineer will be counted from date and hour application is made in writing to Superintendent.

Increasing and Decreasing Force

(k)   When, from any cause, it becomes necessary to reduce the number of engineers on the engineers’ working list on any seniority district, those taken off may, if they so elect, displace any fireman (helper) their junior on that seniority district under the following conditions:

FIRST:   That no reductions will be made so long as those in assigned or extra passenger service are earning the equivalent of 4,000 miles per month; in assigned, pooled or chain-gang freight, or other service paying freight rates, are averaging the equivalent of 3,200 miles per month.

SECOND:   That when reductions are made they shall be in reverse order of seniority.

(l)   When hired engineers are laid off on account of reduction in service, they will retain all seniority rights; provided they return to actual service within 30 days from the date their services are required.

(m)   Engineers taken off under this rule shall be returned to service as engineers in the order of their seniority as engineers, as soon as it can be shown that engineers in assigned or extra passenger service can earn the equivalent of 4,800 miles per month; in assigned, pooled, chain-gang or other service paying freight rates, the equivalent of 3,800 miles per month.

(n)   In the regulation of passenger or other assigned service, sufficient men will be assigned to keep the mileage or equivalent thereof within the limitations of 4,000 and 4,800 miles for passenger service, and 3,200 and 3,800 miles for other regular service, as provided herein. If, in any service, additional assignments would reduce earnings below these limits, regulations will be effected by requiring men to lay off when the equivalent of 4,800 miles in passenger or 3,800 miles in other service has been reached.

(o-1)   On road extra lists a sufficient number of engineers will be maintained to keep the average mileage, or equivalent thereof, between 3,200 and 3,800 miles per month provided, that when men are cut off the working lists and it is shown that those on the extra lists are averaging the equivalent of 3,500 miles per month, an engineer will be returned to the extra lists if the addition will not reduce the average mileage, or equivalent thereof, below 3,200 miles per month.

(o-2)   In assigned yard service, regulation will be made by requiring each regularly assigned man to lay off when he has earned the equivalent of 35 days per month.

(o-3)   In extra yard service, a sufficient number of engineers will be maintained to keep the average earnings between 26 and 35 days per month; provided, that when men are cut off the list and it is shown that men are averaging the equivalent of 31 days per month, an engineer will be returned to service, if the addition will not reduce the average earnings below 26 days per month.

(o-4)   Engineers used in combination freight and passenger service will be permitted to make the equivalent of 3,800 miles in freight service, or the equivalent of 4,800 miles in passenger service. Passenger miles will be converted to freight miles by reducing passenger miles one-fifth (1/5) or twenty per cent. Freight miles will be converted to passenger miles by increasing freight miles one-fourth (1/4) or twenty-five per cent. This rule will not be construed to modify Paragraph (o-1) of this Article 19 regulating mileage of men in extra service.

(o-5)   In the regulation of mileage neither the maximum nor minimum is guaranteed.

(o-6)   Under provisions of the above rules, it is understood that after all engineers who have been taken off have been returned to service as engineers, the 3,500 mileage replacement for Road Extra Men and the 31 days replacement for Yard Extra Men shall not apply with respect to further additions.

(o-7)   When an engineer has been marked off after making his maximum miles and is called for service due to the engineers’ board being exhausted and no demoted engineers are available with less than maximum miles, the emergency miles made by him will not be charged to his next checking period. The foregoing will not in any way penalize the Carrier.

(o-8)   When regulating working lists in the respective classes of service, each list will be handled separately.

ARTICLE 20

Promotion To Passenger Service on Joint Runs

(a)   When passenger engineers run over more than one division, freight engineers will be promoted to passenger service on each division in proportion to the mileage of each division over which the run extends.

Interdivisional, Interseniority District,
Intradivisional and/or Intraseniority
District Service
(Freight or Passenger)

(b)   Where a carrier desires to establish interdivisional, interseniority district, intradivisional, or intraseniority district runs in passenger or freight service, the carrier shall give notice to the General Chairman of the organization involved of its desire to establish such runs, giving detailed information specifying the service it proposes to establish and the conditions, if any, which it proposes shall govern the establishment of such service, the purpose being to furnish the employes with all the necessary information.

The parties will negotiate in good faith on such proposals and failing to agree, either party may invoke the services of the National Mediation Board. If mediation fails and the parties do not agree to arbitrate the dispute under the Railway Labor Act, then at the request of either party, the proposal will be considered by a National Committee consisting of the chiefs of the employe organizations involved and an equal number of carrier representatives who shall be members of the Carriers’ Conference Committees, signatories hereto, or their successors or representatives.

If said National Committee does not agree upon the disposition of the proposal, then the conferees will in good faith undertake to agree upon a neutral chairman who will sit with the Committee, hear the arguments of the parties, and make representations and recommendations to the parties with the view in mind of disposing of the controversy. In the event the parties do not agree upon such neutral chairman, then upon the request of the parties, or either of them, the National Mediation Board will appoint the chairman.

While the recommendations of the Chairman are not to be compulsory or binding as an arbitration award, yet the parties hereto affirm their good intentions of arranging through the above procedure for the final disposition of all such disputes on a fair and reasonable basis.

Every effort will be made to settle disputes over interdivisional service on the property and thus to minimize the number of appeals to the above National Committee.

(From Article 4 of National Agreement dated May 23, 1952.)

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

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ARTICLE 21

Rights of Engineers Transferred

(a)   Engineers after being permanently located on a division who are transferred at the request of the Company, shall have the privilege of returning to their respective divisions before any others are hired or promoted on the division from which they were transferred.

(b)   When assignment, change of division or change of trains requires engineers to change their place of residence, they will be furnished free transportation for their families and household goods to their new place of residence at time of transfer.