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This is a reprint of the Agreement of October 1, 1977, and it consists of various agreements, letters of understanding, decisions and rulings which in some cases are abbreviations of the original documents. These abbreviations have been f or the purpose of clarifying the meaning and intent of such documents. In case there is a d3.spute as to the meaning and intent of such document and same is not fully reflected in the abbreviated form, the original document shall be controlling. This reprint will remain in effect until changed in accordance with the provisions of the Railway Labor Act, as amended.

a. On runs of 85 miles and less than the current basic day, between two terminal points, engineers shall be paid one day for each trip over the run, and overtime if earned. When the run of engineers on divisions between 85 and current basic day is interfered with by making side trips, they shall receive mileage rates for the run over the division, includin the mileage of side tries made; provided, that where the two combined are less than basic day, the full basic day shall be paid for.

b. Engineers in through and irregular freight, pusher, helper, mine run or roustabout, belt line or transfer, work, wreck, construction, snow plow, circus train, silk trains, trains established for the exclusive purpose of handling milk and all other unclassified service, shall be paid the rates specified in Article 1, according to class of engine.

c. In all classes of service covered by paragraph “b of this Article, basic day or less, 8 hours of less (straight—away or turn around), shall constitute a day’s work; miles in excess of basic day will be paid for at the mileage rates provided, according to class of engine or other power used.

expiration of 8 hours; on runs of over the basic day, overtime will begin when the time on duty exceeds the miles run divided by the current divisor. Overtime shall be paid for on the minute basis, at an hourly rate of three—sixteenths of the daily rate, according to class of engine or other power used.

i. side trips outside limits of regular assigned runs made after leaving initial terminal or before arrival at final terminal, shall be paid actual mileage, mileage made to be added to the mileage of run, and overtime computed on basis of applicable divisor. No allowance will be made under this rule unless the mileage made added to the mileage of the run exceeds the current basic day.

k. Engineers in pool or irregular freight service may be called to make short trips and turn-arounds with the understanding that one or more turn—around tries 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 reguired 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 or practice.

m. Engineers in freight service, required to do switching after arrival at final terminal, shall be paid at Pr? rata rates per hour for such work when completed before the period when road overtime commences; when the time consumed in such work at the final terminal extends beyond the period when overtime commences, time accruin up to the road overtime period, will be allowed on the actual minute basis at pro rata rates and thereafter shall be paid on the actual minute basis at three—sixteenths (3/16) of the daily rate. (See examples 4, 5 and 6.)

n. Hostling engines and terminal switchin in freight service (at initial and final terminal of the run), incidental to a day’s work or run of less than 100 miles, may be combined at points where regular hostlers are not employed and paid for on the basis of the aggregate actual time consumed in such work, but in no case will pay for such wok be less than one hour at pro rata rate. Should actual time consumed hostling and switching at initial terminal (computed at pro rata rate), combined with actual time hostling and switching at final terminal (computed at pro rata rate up to end of period when road overtime commences, and thereafter at three— sixteenths of the daily rate), produce greater compensation than one hour at pro rata rates, actual time consumed at each terminal will be paid for at rate applicable (see example 7). This shall not apply on runs where the 85—mile rule is in effect, nor on runs of 100 miles or over. On such runs a minimum of one hour, on the basis provided in paragraphs “1” and “m,” shall be allowed at each terminal, and when more than one hour is consumed, actual time shall be allowed. This rule shall be construed to apply either to hostling or to terminal switching, or to both combined; but the terminal switching shall not be construed to cover doubling from one track to another, nor other movements limited to two switches (see examples 8 and 9).

o. On branch runs of 35 miles, or less, engineers will do one hour’s switching if necessary, in making up their own trains before starting or putting their trains away after arrival, and will receive pay theref or as overtime after eight hours’ road service. Any additional switching at terminal points on such runs will be paid at overtime rates per hour.

In freight service all time, in excess of 60 minutes, computed from the time engine reaches switch, or signal governing same, used in entering final terminal yard where train is to be left or yarded, until finally relieved from duty, shall be paid for as final terminal delay; provided, that if a train is deliberately delayed between the last siding or station and such switch or signal, the time held at such point will be added to any time calculated as final terminal delay.

Where milea9e is allowed between the point where final terminal delay time be and the point where finally relieved, each mile so allowed will extend the 60 minute period after which final terminal delay payment begins by the number of minutes equal to 60 divided by the applicable overtime divisor (60/12.5 = 4.8; 60/13 = 4.6; 60/13.25 = 4.5; 60/13.5 = 4.4, etc.)

All final terminal delay, computed as provided for in this Article, shall be paid for, on the minute basis, at one—eighth (1/8th) of the basic daily rate in effect as of June 30, 1986, according to class of service and engine used, in addition to full mileage of the trip, with the understanding that the actual time consumed in the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this Article. The rate of pay for final terminal delay allowance shall not be subject to increases of any kind.

(1) Bulletins advertising regular assignments for engineers in all regularly assigned freight service, except assigned through freight service now being operated, will specify days per week the runs will be operated; the territory to be served by such assignments; the number of trips to be operated out of terminals; and the designated starting time of the assignments. Such engineers will not be used in other service where other engineers are available.

(3) The starting time designated in bulletins advertising assignments specified in No. (1) of this agreement will govern unless deferred or “set back.” The starting time may be “set back” not to exceed three hours from the desi starting time without penalty, provided the engineer is notified of the “set back” not less than one hour prior to the bulletined starting time, at which time a call will be given.

(4) When an engineer is assigned service as provided in No. (1) of this agreement is required to ¶0 on duty more than three hours later than the designated startin time, his pay will commence three hours later than the designated startin9 time, provided he is rested and available for work at that time. If not rested and available at that time, pay will start as soon as he is rested and available.

(5) There will be no restrictions on the “set back” of the bulletined starting time and the pay provisions of No. (4) of this agreement will not apply in emergencies such as wrecks, derailments, line cut or blocked, washouts, storms, earth fire, slides, or engine failure which results in the inability to operate the train at the designated starting time.

(6) Engineers who are regular assigned in through freight service (commonly known as preferred crews) will receive monthly guarantee which will be the equivalent of the mileage of their assignment times the number of days per month the assignment is designated to operate. Time or miles made on other than their regular assignment will be computed with their assignment in arriving at the monthly allowance. Regularly assigned engineers working only a portion of the month by reason of voluntary absence will have pro rata deductions made in the monthly guarantee.

(a) Initial terminal delay shall be paid on a minute basis to engineers and firemen, and helpers on other than steam power, 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—ei (1/8th) of the basic daily rate, according to the 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 for duty and the point of devarture from the track on which the train is first made up, each mile so allowed will extend by 4.8 minutes the erjod of one (1) hour and fifteen (15) minutes after which initial terminal delay payment begins.

Note: Where existing schedule rules require a carrier to bring engineers or firemen, or helpers on other than steam power, on duty more than forty-five (45) minutes prior to departure of 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.

computing Initial Terminal Delay Time For Joplin, Eastern and Central Kansas Division crews, Kansas city, Then Train starts Prom East Yard and Completed By Addition Or Reduction Of cars At Junction Yard - Computing Initial Terminal Delay Time For Eastern And Missouri Division Crews, Operating Out Of St. Louis Union station Through 23rd street Yard And Cars Added After Departure From Union Station.

“Settled upon basis that initial terminal delay time shall continue untiL the trainS leaves the last point at which car or cars added. The practice of reduction trains after train has left the track on which made up will be discontinued, but this does not include setting out cars that are found to be in bad order. This discussion shall also apply in disposition of other cases in ballot of same kind. Pending claims shall be settled upon basis of above. Where time involved cannot be ascertained from available records, shall be settled on basis of 45 minutes.”

Section 1. Local freight train service will be operated over each sub-division six days per week either tn-weekly or daily, except on sub—divisions which do not show any trains in time table, and on Atchison Subdivision, Omaha Division, between Atchison, Kansas and Kansas City, Kansas or Kansas City, Missouri, and on Paragould Sub-division between Paragould, Arkansas and Knobel, Arkansas.

section 5. This will not prohibit other than local freight train crews to set out or pick up cars, or place cars for loading or unloading in meeting service requirements at any point on any sub—division where either tn-weekly or daily local freight train service (six days per week) is regularly performed.

The following will be considered as a revision of the letter agreement of September 24, 1927, with reference to establishing pools of engineers, conductors and trainmen to handle through and irregular freight and other unassigned service between Dupo and Poplar Bluff and between Dupo and Paragould.

Engineers home terminaled at Poplar Bluff will be permitted to lay off at either Dupo or Poplar Bluff, and, in addition, brakemen may lay off at Paragould, and all will be required to take their runs at the point where they lay off. Extra men used out of Dupo, Poplar Bluff or Paragould on crews home terminals at Poplar Bluff

1. Train and Enginemen assigned to traveling switch engines in agreed working zone bounded on east by Cairo, on the north by Mcclure and on the west by Cape Girardeau; conductors and trainmen to be paid yard foremen’s and helpers’ rates, and engineers and firemen traveling switch engine rates.

2. All other erovisions applicable to traveling switch engines as set out in Article 9 of the Trainmen’s Agreement, Article 9 of the Conductors’ Agreement, Article 14 of the Engineers’ Agreement, and Article 14 of the Firemen’s Agreement, including all decisions and interpretations thereof to apply; additions and reductions in the number of crews assigned to be made as required without further negotiations.

4. Road crews passing through or turning at Gale, required to perf on any switching other than provided for in Section 3 shall be paid for such service on minute basis with a minimum of one (1) hour at the rate per hour of one-eighth (1/8) of the daily rate applicable to the traveling switch engines operated within the above defined one - independent of the road trip.

5. Road crews originating outbound at Gale or terminating inbound at Gale, other than assigned local crews, required to perform switching at Gale other than provided in Section 3 shall be paid for such service on the minute basis with a minimum of one (1) hour at three-sixteenths (3/16) of the daily rate applicable to the traveling switch engines operated within the above zone.

6. Local crews with initial and final terminal Gale required to perform switching other than provided for in Section 3, initial terminal outbound, or final terminal inbound, shall be paid for such service on minute basis, with minimum of one (1) hour at three—sixteenths (3/16) of the daily rate applicable to the traveling switch engines operated within the above zone.

7. All rules and provisions of the Conductors’, Trainmen’s, Engineers’, and Firemen and Enginemen’s wage schedules shall remain in full force and effect, except where the provisions thereof are contrary to and thereby superseded by provisions of this agreement. Road crews paid under this Agreement shall not be paid for the same service under their respective terminal switching rules of their respective schedules.

With the understanding that Gale is not a terminal Carrier will (1) not use firemen out of Poplar Bluff to Gale and return on continuous time, (2) When through crews of engineers, conductors and brakemen make straight set-out and/or pick up at Gale, the firemen will be paid on the minute basis at pro rata rate with minimum of one hour. Set—out of bad order or no bill cars are not to be considered as a set—out. (3) Illinois Division firemen will be used with through crew of engineers, conductors and brakemen to

Section 3. Employees in road service who are required to perform this work will be compensated for actual time on minute basis with a minimum of one hour pro rata at the rate of pay for the service performed on the trip and independent of time and compensation paid crews on the road trip, the only time to be counted is what is actually required to do the work. The amount of time used in performing this service will not be taken into consideration in computin the amount of time required to convert the rate from through freight rate to local rate. There will be no payments reguired for performing this work except as provided herein and it is also understood yard crews will have no claim for pay as a result of road crews being required to perform this service. Payments will not be necessary if service can be performed by yard crews.

We recently have been presented with time claims for runarounds which involve the question when should a crew be considered as having arrived at the terminal in order to determine their standing on the succeeding trip for call. As an example: A chain gang crew arrives at the final terminal 4:00 PM, is delayed until 4:30 PM before tying up. A following crew arrives at 4:14 PM and ties up 4:25 PM. Which of the above is first out on the succeeding trip?

In recognition of withdrawal of Genera] uperintendent Rea’s letter dated April 8, 1939, addressed.to Ge al Chairmen J. B. Corn, 0. R. C. F. Aldrich, B. of R. T., G. Davidson B. of L. E. and J. M. Brickhouse, B. of L. F. & E., with respect to abolishing Council Grove as a terminal, it is mutually agreed that yard and switching service requirements at Council Grove will be handled as hereinafter provided:

(e) Reduction below the one assignment now existing will be made by agreement based on results of a joint check as between representatives of the Management and representatives of the Employes for a six-day period commencing Monday, May 1, 1939, and terminatincj Saturday, May 6, 1939. In making this check consideration shall be given to the amount of work and character of yard service being performed by this yard engine during its regular eight hours tour of duty. If it develops that less than four (4) hours actual switching is performed, the Management may discontinue the switch engine service.

3. When yard crew is not on duty, road crews on trains other than local frei may be required to perf on necessary switching in connection with making up their own trains, which includes the assembling of all cars to be moved forward in their own trains which were not ready to be moved when yard crew went of f duty.

5. When yard crew is not operated, road crews on trains other than local frei may be required to perf on necessary switching in connection with making up their own train, which includes the assembling of all cars to be moved forward in their own train; and in addition to the performance of such service, road crews on local freight trains may be required to perform necessary station switching.

1. Inbound trains will be received on one track which will hold the train, if there is a track of sufficient length available in that part of the yard where such train is ordinarily received. When there is no such track available which will hold the train, road crews on inbound trains will double over the portion of their train which such track will not hold, and in making double-over, cut may be made behind the first “block” of cars which will afford proper clearance when this “block” does not exceed ten (10) cars.

connecting line, or for unloading, or empties for loading such commodities, and in addition to the performance of such service, road crews on local frei trains may be required to perform necessary station switching. It is understood the station switching will be held to a minimum.

1. When switching is required of road crews, as provided in Section (a), Paragraphs 3, 4 and 5, and Section (b), Paragraphs 2, 3 and 4, of this Article, the road crews performing the service shall be paid on the minute basis with minimum of one (1) hour at the rate per hour of three-sixteenths (3/l6ths) of the daily yard rate, independent of the road trip.

2. If switching is required of road crews when yard crew is or is not operated, other than as provided in this Article, and except as hereinafter provided in cases of emergency, as defined in Article 4, road crews required to perform such yard service shall be paid a minimum of two and one-half (2—1/2) hours at the pro rata yard rate, independent of the road trip; and the number of yardmen and enginemen constituting a yard crew (extra, regular or men cut off account reduction in force) available for duty at Council Grove shall be paid a minimum day at yard rates.

Note: An employee is “available” within the meaning of agreement when he is eligible for call under the Hours of Service Law, is at the point when needed and holds himself ready for call. Under the provisions of this note, men cut of f account reduction in force desiring to make themselves “available” for service will notify the local officers in writing with copy to their respective local chairmen.

3. If switching required of road crews as provided in this Article amounts to four (4) hours or more within any spread of ten (10) consecutive hours or less, when no yard crew is on duty, the number of yardmen and enginemen constituting a yard crew (extra, regular or men cut off account reduction in force) available for duty at Council Grove when such service is performed, shall be paid a minimum day at yard rates. Only such switching as is paid for under this agreement to be counted in determining the four (4) hours switching provided for herein, subject to deductions provided in Article 5, Paragraph 6.

necessary to hold balance of set—out or pick—up when the set—out or pick—up track is not of sufficient length to hold the set—out or pick—up. When other than train yard tracks are designated as pick up or set—out track, the local officers and local committees will meet and agree on tracks to be used.

1. When yard crew is operated but is not on duty road crews on other than local freight trains passing through Council Grove may be required to place cars from their own train containing live stock, perishable freight, merchandise, and rush cars of other commodities, for delivery to connecting line, or for unloading, or empties for loading such commodities, and pick up cars containing live stock, perishable freight, merchandise, and rush cars of other commodities to go forward in their own train independent of other pick—up or set—out movements provided for in Section (a) of this Article.

1. When switching is required of road crews as provided in Section (c) of this Article, the road crews performing the service will be paid on the minute basis with a minimum of one (1) hour at the rate per hour of one-eighth (1/8) of the daily yard rate, independent of the road trip.

be paid a minimum of two and one-half (2-1/2) hour at the pro rata yard rate, independent of the road trip; and the number of yardmen and enginemen constituting a yard crew (extra, regular, or men cut off account reduction of force) available for duty at Council Grove shall be paid a minimum day at yard rates.

Note: An employee is “available” within the meaning of this agreement when he is eligible for call under the Hours of Service Law, is at the point when needed and holds himself ready for call. Under the provisions of this note, men cut off account reduction in force desiring to make themselves “available” for service will notify the local officers in writing with copy to their respective local chairmen.

3. If switching required of road crews as provided in this Article amounts to four (4) hours or more within any spread of ten (10) consecutive hours or less, when no yard crew is on duty, the number of yardmen and enginemen constituting a yard crew (extra, regular or men cut off account reduction in force) available for duty at Council Grove when such service is performed, shall be paid a minimum day at yard rates. Only such switching as is paid for under this a to be counted in determining the four (4) hours switching provided for herein, subject to deductions provided in Article 5, Paragraph 6.

Example: Road crews couple to caboose or other car at 7:00 A.M., proceed to some point in yard, and are delayed there waiting for train to pass or move out of the way, and then commence switching at 7:15 A.M., and switching completed and train coupled together at 7:40 A.M. The entire 40 minutes would be paid for.

5. When it is necessary to make up a train on two tracks and through miscalculation the yard crew making up the train leaves some available space on makeup track after the double—over is placed on another track it will not be necessary to make another switch move to fill the make-up track from the cut to be doubled over.

Exanple: A train made up on two tracks where one track of sufficient length is not available to hold the train and yard crew figures in making up an 85-car train the track will hold 75 cars and places 10 cars on the other track for the double- over and it later develops that account of short cars the track will hold 77, instead of 75 cars, it will not be necessary to take two of the cars of f the double—over and place on other part of the train.

6. In the application of the payment provisions contained in Section (c) of Article 2, Section (d) of Article 3, in computing the time to be counted as switching in the 4—Hour provisions for the payment of a day to yardmen, deduction may be made for waiting time during which no work is performed prior to commencing switching, as shown in the following example:

Example: Road crews go on duty at 6:50 A.M. and couple to caboose at 7:00 A.M. They they move to clear at some location in yard, arriving there at 7:10 A.M. and are delayed until 7:50 A.M., waiting for train to arrive. Road crews then perform necessary switching and couple their train together at 8:20 A.M. Time between 7:10 A.M. and 7:50 A.M. shall be deducted.

All rules and provisions of the Conductors’, Trainmen’s, Yardmen’s, En and Firemen and Enginemen’s wage schedules shall remain in full force and effect, except where the provisions thereof are contrary to and thereby superseded by provisions of this agreement. Road crews paid under this a shall not be paid for the same service under their respective terminal switching rules of their respective schedules.

shall remain in effect until changed in accordance with the provisions of section 6, Railway Labor Act Amended, or until such time as an a may be negotiated between the carrier and any of the organizations’ representatives of the employes signatory hereto, covering the railroad as a whole.

3. In consideration of the above, all engineers, except local, traveling switch engine work train, performing service at the automobile facility will have their basic rate for the day or trip increased by $1.12. Local engineers performing service at the automobile facility will have the basic rate increased by $0.56 per day or trip.

Effective February 12, 1973, work on the remaining portion of the former Great Bend line out of Hoisington, Kansas, will be performed by road crews of the Hoisington—Horace Seniority District on an “as needed” basis without assigning a crew on this trackage. Crews performing service on this trackage (approximately 2-1/2

Local crews will be used to perform the work on the trackage between Hoisin and the end of the line (Kanbrick) in preference to through freight crews when local crews can perform the work without serious delay to traffic, and when they will have sufficient time under the Hours of Service Law.

(2) While there is no present contemplation of establishing traveling switcher service at Hoisington, in the event this should happen in the future and a traveling switcher is used to perform service on the former Great Bend line, that is, Hoa.sington-Kanbrick, the first engineer going on duty in local service after such work is performed by the traveling switcher will be paid the additional five miles, or in the event the traveling switcher worked on this line in excess of one hour, this time will be included with the other time consumed by the local at Hoisington in determining initial switching time.

a. When an engineer is called and reports for duty and for any reason other than his own acts, does not go out, he will be paid when held waiting four (4) hours or less, one—half day at daily rate of basic day, according to class of service for which he is called and be listed first out. If held waiting over four (4) hours, he shall receive a day’s pay for service called and be listed at the bottom of list.

(a) Engineers and firemen, and helpers on other than steam power, 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 next 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.

(b) Should an engineer, fireman, or helper on other than steam power, 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 a duplication of payment for deadhead time and held-away—from

(a) Engineers and firemen, and helpers on other than steam power, in through or irregular freight service required to pick up and/or set off a car or cars at three or more points, or, when the time actually consumed in picking up and/or setting off exceeds one hour and thirty minutes in the aggregate for the entire trip during any one trip or tour of duty will be paid local freight rates for the entire service performed. The following shall not be considered picking up and/or setting off cars for the purpose of this rule:

(b) Engineers, firemen, or helpers on other than steam power, required to do station switching will be paid local or way freight rates. Switchin necessary in picking up cars will not be considered “station switchin Switching for the purpose of placin at loading or unloading places cars other than cars loaded with livestock or highly perishable freight, will be considered “station switching.” If, in order to set out car or cars clear of main line, it is necessary to move from “spot” a car or cars that are set for loading or unloading, such car or cars will be replaced on “spot” and so doing will not be considered “station switching.”

(c) In passenger or through or irregular freight service where commercial LCL freight and/or company material in excess of 2,000 pounds is loaded or unloaded by the engine or train crew during the entire trip engineers and firemen, or helpers on other than steam power, will be paid local freight rates.

a. Enc in work and wreck train service will be paid through freight rates according to the class of engine per day of eight (8) hours or less, 100 miles or less; miles made in excess of 100 miles will be paid for at the mileage rates. Overtime to be computed on speed basis of 12-1/2 miles per hour and çaid for on the minute basis, at an hourly rate of 3/16 of the daily rate.

“Temporary work train service out of the away—from-home terminal may be protected with chain gang crew and work back into the away—from-home terminal for one day only. If tied up on line of road for one night only and then worked or run into the home terminal, will be protected by chain gang crew. If work train :s to tie up at the away—from—home terminal or on line of road for more than one day, it will be protected by extra men.”

Qualified engineers in work train service t:ed u on line of road at other than their assigned terminal will be afforded lodging at a designated lodging facility if one is reasonably available, or if Carrier furnishes suitable transportation to and from a designated facility. If no

designated lodging facility is reasonably available, the engineers will be reimbursed for actual necessary cost of lo& of quality equal to the nearest designated lodging facility, not to exceed the cost per person paid by the carrier at said nearest designated lodging facility, not to exceed the cost per person paid by the Carrier at said nearest designated lodging facility. It will be the Carrier’s option to transport the engineers to the nearest designated lodging facility or make the allowance provided for herein.

a. Throut freight rates will apply on all pusher or helper service according to class of engines for eight (8) hours or less, 100 miles or less, overtime after eight hours; miles made in excess of 100 miles will be paid at the mileage rates. Overtime to be computed on speed basis of 12—1/2 miles per hour and paid for on the minute basis at an hourly rate of 3/16 of the daily rate.

a. Engineers in traveling switch engine service will be paid jocal freight rate, according to class of engine, for eight (8) hours or less; time in excess of eight (8) hours to be paid for at :3/16 of the daily rate. When making more than 100 miles per day, the miles in excess of 100 will be paid for at the mileage rate with overtime after 12-1/2 miles per hour, and paid for on the minute basis at an hourly rate of 3/16 of the daily rate.

b. Traveling Switch Engines will be assigned to limits agreed to by superintendent and local chairman, and, when required to perform service outside their assigned limits will be paid for such work arbitrarily, at the pro rata rates, actual miles or hours, whichever is the greater.

Under decision of Adjustment Board, a crew of a traveling switch engine with assigned limits between “A” and “D” (tie—up point “C”) going to work at 7:00 A.M., will commence a new day if starting out of “C” after 3:00 P.M., and required to work outside their assigned limits. Under such conditions they will be paid not less than a minimum day at rate of pay for the class of service performed.

1, and assigned crew is called in advance of the regular starting time, and performs any work on its regular assignment, crew will be allowed a minimum of one day from commencement of such service to the established starting time when a new day will begin. This will not apply when the 48 hour notice has been given changing the

(1) The Carrier may assign as many Traveling Switch Engine Assignments within the zoneabovereferredto as may be necessary to perform service requirements. Each assignment shall have a regular starting time established by the Superintendent, which may be changed to meet service requirements and these assigned crews may be used to handle traffic within the agreed limits.

(2) Conductors and Trainmen assigned to handle industrial switching in Sauna proper, i.e., including all industrial switching at and other locations between Terminal Elevator and Golden Belt Track inclusive, shall be paid yard foreman and yard helper rates. Engineers and Firemen shall be paid Traveling Switch Engine rates.

(3) The conductor and trainmen of any other traveling switch engine assigned in Gypsum-Marquette zone that erfons as much as four (4) hours industrial switching during theirtour of duty in Sa proper as set out in Paragraph (2), shall be paid yard foreman and yard helper rates. The Engineer and Firemen shall be paid Traveling Switch Engine rates. The time to be counted in the four (4) hours referred to shall not include time consumed at, —

(4) Conductors and Trainmen assigned to Marquette Traveling Switch Engine Assignment with a working limits between Gypsum and Geneso, Council Grove Sub—division and between Gypsum and Marquette, Salina Sub-division, shall be compensated at yard rates if required to perf on four (4) hours industrial switching within Salina proper as herein provided and referred to in section (2), but excluding from the four (4) hour count the same provisions referred to in section (3). En and Firemen on this assignment shall be paid Traveling Switch Engine rates. It is understood that the Marquette Traveling Switch Engine will continue to perform the same service which has heretofore been required of this agreement.

separate and apart from those assignments presently in effect under the agreement of July 1, 1968, made between the local chairmen and the Superintendent and is not intended to absorb the work of the present assignments but may be used to supplement them. In the event one or more of the present TSE assignments are discontinued, the parties will meet to determine whether or not the reduction was because of business conditions in the territory served by the assignment discontinued.

(a) Carriers with road switcher (or similar operations), mine run or roustabout agreements in effect prior to the date of this Agreement that do not have the right to reduce six or seven-day assignments to not less than five, or to establish new assignments to work five days per week, shall have that right.

(b) The work days of five-day assignments reduced or established pursuant to Section 1(a) of this Article shall be consecutive. The five—day yard rate shall apply to new assignments established pursuant to Section 1(a) of this Article. Assignments reduced pursuant to Section 1(a) shall be compensated in accordance with the provisions of section 1(c).

(c) If the working days of an existing assignment as described in Section 1(a) are reduced under this Article, an allowance of 48 minutes at the existing straight time rate of that assignment in addition to the rate of ay for that assignment will be provided. Such allowance will continue for a period of three years from the date such assignment was first reduced. However, such allowance will not be made to employees who establish seniority in train or engine service on or after November 1, 1985. Upon expiration of the three year period described above, the five day yard rate will apply to any assignment reduced to working less than six or seven days a week pursuant to this Article.

(a) Carriers that do not have rules or agreements that allow them to establish road switcher assignments throughout their system may serve a proposal for such a rule upon the interested general chairman or chairmen. If agreement is not reached on the proposal within 20 days, the question shall be submitted to arbitration.

a. Engineers in yard service will be paid the current rates according to class of engine; eight hours or less shall constitute a day’s work. Except where engine crews are relievin9 each other on the same engine in continuous service, enginemen will report 15 minutes prior to the time for the crew to begin work and be paid theref or; if required to report more than 15 minutes in advance of the starting time, actual time will be allowed.

b. Where it has been the practice or rule to pay a yard engine crew or either member thereof arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after the end of the regularly assigned hours, such practice or rule is hereby eliminated, except where such allowances are for individual service not properly within the scope of yard service, or as provided in paragraph “c.

c. 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 emer 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.

e. Except when changing off, where it is the practice to work alternately days and nights for certain eeriods, working through two shifts to change of f; or where exercising seniority rights from one assignment to another; or when extra men are required by schedule rules to be used (any rules to the contrary to be changed accordin all time worked in excess of eight hours continuous service in a twentrfour hour period shall be paid for as overtime on the minute basis at one and one-half times the hourly rate, according to class of engine.

Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, workin through two shifts to chan 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 overtime on a minute basis at one and one—half times the hourly rate.

(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 f or 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: Above rule applicable to extra men. So far as regular men are concerned, no change results in existing rules of the A — Article 15, paragraph (E) of the Engineers’ and Firemen’s Wage Agreements, and Article 53 (F) of the Firemen’s Agreement. These articles to be revised as indicated above covering extra men.

ç b) A pro rata man will not be used more than once in a starting time cycle for yard en9ines to offset a punitive man called for either yard or hostling service in that cycle but, even though used in a starting time cycle for yard engines to offset a punitive man, he may still be used to offset one punitive man called for hostling service outside of the starting time cycles for yard engines.

p. The point for going on and off duty, will be governed by local conditions. In certain localities instructions will provide that engine crews will report at the hump, others report at yard office, others at engine houses or ready tracks. It is not considered that the place to report will be confined to any

Positions in yard service will be laid out in runs and regular engineers assigned to such runs in the different localities. In case of emergency, such as engine breakin down, transfer of stock, blockade of yard, or any other cause, making it necessary to chan engineers temporarily, engineers will not refuse to go out of their location, but be ready to do all duty when called upon. If dissatisfied, they may present their case to the proper officer for adjustment.

Note: For performing the service provided in (a) (i) and (ii) above, yard crews shall be paid miles or hours, whichever is the reater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switchin limits, Such payments are limited to employees whose seniority date in engine or train service precedes November 1, 1985 and is not subject to general or other wage increases.

(iii) Perform service to customers up to 20 miles outside switchin limits provided such service does not result in the elimination of a road crew or crews in the territory. The use of a yard crew in accordance with this paragraph will not be construed as giving yard crews exclusive rights to such work. This paragraph does not contemplate the use of yard crews to perform work train or wrecking service outside switching limits.

(iv) Nothin in this Article will serve to prevent or affect in any way a carrier’s right to extend switching limits in accordance with applicable agreements. However, the distances prescribed in this Article shall continue to be measured from switching limits as they existed as of July 26, 1978, except by mutual agreement.

“Positions in yard service will be laid out in runs and regular engineers (firemen) assigned to such runs in the different localities. In case of emergency, such as engine breaking down, transfer of stock, blockade of yard, or any other cause, making it necessary to change engineers temporarily, engineers (firemen) will not refuse to go out of their location, but be ready to do all duty when called upon. If dissatisfied, they may present their case to the proper officer for adjustment.”

“In the application of that part of the last paragraph of Article 15(r) it is understood that the words ‘or any other cause’ shall mean that engineers (firemen) will not be temporarily changed when to do so would deprive them of the work of their regular assignments, except under other provisions of the rule; but they may be used on work not specified in their regular assignments in order to complete their tour of duty.

(a) The Carrier will establish for locomotive engineers in yard, transfer or belt line service or combinations thereof a work week of five (5) basic days. Except as otherwise provided in this a the work week will consist of five (5) consecutive days with two consecutive days off in each seven. The foregoing work week rule is subject to all other provisions of this agreement.

(a) When service is required by a carrier on days off of regular assignments it may be performed by other regular assignments, by regular relief assignments, by a combination of regular and regular relief assignments, or by extra employes when not protected in the foregoing manner. (This does not disturb rules or practices on roads involving the use of emergency men or unassiyned employes.) Where regular relief assignments are established, they shall, except as otherwise provided in this agreement, have five consecutive days of work, designated days of service, and definite starting times on each shift within the time periods specified in the starting time rules. They may on different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going on and of f duty within the same seniority district which shall be the same as those of the employe or employes they are relieving.

(b) Where regular relief assignments cannot be established for five consecutive days on the same shift within the time periods specified in the starting time rules, as provided for in Section 3(a), such assignments may be established for five consecutive days with different starting times on different shifts on different days, within the time periods specified in the startin time rules, and on different days may have different points for going on and

(e) Except as otherwise provided for in this Section 3, regular relief assignments shall be established in conformity with rules in agreements or practices in effect on individual properties governing starting times and bulletining of assignments, and when so established may be changed thereafter only in accordance with schedule and bulletin rules.

(b) Days Of f. - In cases where day or days off is to be filled which cannot be made a part of a regular assignment at an outlying or small yard and there are no extra men at the point, by agreement between representatives of the carrier and the organization, such day or days may be filled by using the regular men and be paid for at straight-time rate.

(a) Existing rules which relate to the payment of daily overtime for regular assigned employes and practices thereunder are not changed hereby and shall be understood to apply to regular assigned relief men, except that work performed by re assigned relief men on assignments which conform with the provisions of Section 3 of this agreement shall be paid for at the straight—time rate.

In the event an additional day’s pay at the straight-time rate is paid to an employe for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight—time eight-hour shifts referred to in this paragraph (b).

c) There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid for at straight—time rate for work referred to in paragraph (b) of this Section 5, be utilized in computing the five straight-time eight-hour shifts referred to in such paragraph (b) of this section s, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours. Existing rules or practices regarding the basis of payment of arbitraries or special allowances and similar rules are not affected by this agreement.

Note: It is recognized that the carrier is entitled to have an extra employe work eleven strai time shifts in yard service in a semi—monthly period without regard to overtime shifts which may be worked under provisions of the Agreement of August 11, 1948. After an extra man has worked eleven straight time shifts in yard service in a semi-monthly period he will remain on the extra board, but will not be used in yard service during the remainder of that period if other extra men are available who can work in such service at the straight time rate.

(b) An employe on a regular or regular relief assignment who takes another regular or regular relief assignment, will take the conditions of that assignment, but if this results in the employe working more than five days in the period starting with the first day of his old work week and ending with the last day of his new work week, such day or days will be paid at straight time rate.

(c) A regular assigned employe in yard service who under schedule rules goes on an extra board, may work on a board for the remainder of the semi-monthly period, provided the combined days worked in yard service on the regular assignment and an extra board do not exceed eleven straight time days. He will then be subject to the “Note” under Section 6 of this agreement.

(f) Whenever a regular or regular relief yard assignment is annulled on an assigned work day the assigned engineer may be held on such assignment and be compensated for each work day annulled. This will also apply to an extra engineer filling a temporary vacancy at an outlying point

Existing rules and practices, including those relating to the establishment of regular assignments, the establishment and regulation of extra boards and the operation of working lists, etc., shall be changed or eliminated to conf on to the provisions of this agreement in order to implement the operation of the reduced work week on a straight time basis.

The parties hereto having in mind conditions which exist or may arise on individual carriers in the application of the five—day work week 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.

THIS AGREEMENT, made and entered into this 17th day of January, 1939 by and between Missouri Pacific Railroad Company, party of the first part, Alton and Southern Railroad, party of the second eart, Brotherhood of Railroad Trainmen, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and En of the Missouri Pacific Railroad Company, parties of the third part, and Brotherhood of Railroad Trainmen and Brotherhood of Locomotive Firemen & Enginemen of the Alton and Southern Railroad, parties of the fourth part:

WHEREAS, pursuant to an agreement bearin9 date January 25, 1928, entered into between the party of the first part and party of the second part, the yard crews of the party of the second part of now engaged in interchange work between the parties of the first and second parts in both directions between the party of the first part’s yard at Dupo, Illinois, and the party of the second part’s Davis Yard in the vicinity of Valley Junction, Illinois; and

WHEREAS, on complaint of Brotherhood of Railroad Trainmen of the party of the first part before National Railroad Adjustment Board, First Division, the said National Railroad Adjustment board, First Division, by its Award No. 3082, Docket No. 4667, dated Chica Illinois, September 27, 1938, rendered the following decision:

“However, upon the facts of record in this case, and in order to avoid light movements in either direction, it is the judg of the First Division that Missouri Pacific employees should have 50% of the interchange transfer work in both directions between the Dupo yard of the Missouri Pacific and the Alton & Southern Railroad yard, and so holds.”

“In view of the fact that Missouri Pacific engineers and firemen originally handled all of the transfer work between Dupo and Valley Junction, as well as the fact that since the change was made in 1922 the Missouri Pacific General Chairmen have endeavored to have this work restored, we are of the opinion that transfer service between these points should be divided between Missouri

AND, WHEREAS, in response to protest made by the Brotherhood of Railroad Trainmen of the Alton & Southern Railroad, Mr. A. F. Whitney, President, B. of R. T., in letter dated Cleveland, Ohio, January 7, 1939, addressed to Mr. F. Aldrich, Chairman, General Committee, Missouri Pacific Railway, and Mr. H. J. Breuer, Chairman, General Committee, Alton & Southern Railroad, rendered the following decision:

“The file shows that subsequent to the rendering of this award, proposals were made by the managements of the two lines f or handling of this interchange work. Such proposals had for their purpose the makin effective of the provisions of the award. Steps should be taken without further delay to adopt such arrangement for the handling of this interchange work as will not be inconsistent with the provisions of the award.”

1. Missouri Pacific Railroad will deliver its business moving in interchange to the Alton & Southern Railroad via Dupo, Illinois, in the A & 5’ Davis Yard, interchange point, or at such other interchange point on the Alton & Southern as may be mutually agreed between the party of the first part and the party of the second part form time to time.

2. The Alton & Southern Railroad will deliver its business movin to the Missouri Pacific in interchange on the east side of the Mississippi River in MP’s Dupo Yard, interchan point, or at such other interchange point on the Missouri Pacific as may be mutually agreed between the party of the first part and the party of the second part from time to time.

4. If and when desirable, in order that the interchange between the two carriers may be handled in both directions by each carrier, all regular trips between the two yards shall be divided equally each day between the employees of both roads, and the odd trips shall be equalized between the employees of both roads every thirty (30) days.

In lieu of the heretofore established practice for the interchange of cars between the Madison Yard of the T.R.R.A. of St. Louis and the Du Yards of the Missouri Pacific Railroad, in both directions - deliveries made by the T.R.R.A. and pick—ups made in the Dupo Yards of the Missouri Pacific some six miles south of the junction point (Valley Junction) under a reciprocal arrangement, the Missouri Pacific employees’ varticipation in the interchan being a requirement upon Missouri Pacific to do the switching in the Dupo Yards necessary to classify the business for the T.R.R.A., it is hereby mutually agreed that on or before September 1, 1940, that the following arrangement shall be placed in effect:

4. The spirit and intent of this Memorandum Agreement is to establish a practice whereby the transfer service between the Dupo, Illinois, Yards of the Missouri Pacific and the Madison Yards of the T.R.R.A. and vice versa, will be divided on a 50—50 basis, and to this end it is agreed that the interchange cars made on the third shift shall be performed by the Missouri Pacific; on the second shift by the T.R.R.A., and such trips as are necessary on the first shift will be manned by the Missouri Pacific and T.R.R.A. for a period of thirty days or such length of time as may be necessary to bring about equalization. This equalization to become effective on and after July 1, 1940.

(a) Kansas City Southern Railway Company and Chicago, Milwaukee, St. Paul and pacific Railway Company, incident to the consolidation of terminal operations of KCS and the Milwaukee, and the Rock Island joining with the Milwaukee in the construction of a new bridge over the Missouri River at a eoint approximately four miles east of the Milwaukee’s present brid enabling, among other things, the Milwaukee to abandon its crossing at grade across Missouri Pacific East Bottoms Yard.

Under the KCS—Milwaukee arran9ement the KCS’ two yards, one at Henning St. and the other in the vicinity of Troost Avenue and the Milwaukee Coburg Yard, will be used jointly by both roads, and it is proposed that the Milwaukee obtain substantially the same rights as now held by the KCS for operations over Missouri Pacific tracks between Troost Avenue and Henning St. connection with the KCS’ Henning St. Yard, and to enable the Milwaukee to abandon its line crossing the Missouri Pacific East Bottoms Yard, it is necessary that both KCS and Milwaukee have operating rights over Missouri Pacific tracks between Southwest Junction and our connection with Milwaukee Coburg Yard.

2. Missouri Pacific map designated “B” entitled Kansas City, Mo., Missouri Pacific tracks to be used jointly by KCS-Milwaukee from Southwest Junction in Coburg Yard dated St. Louis, Mo., February 7, 1942, on which the trackage rights for KCS—Milwaukee operations to and from the Milwaukee Coburg Yard is shown in yellow extending between points Nos. 5, 6, 7 and 9.

1. The Kansas City Southern and Chicago, Milwaukee, St. Paul & Pacific train and engine service employees will be permitted to operate their trains and/or transfer movements between Proost Avenue, point “A” and Missouri Pacific connection with the ECS Henning St. Yard at point “C” via point “B” as shown on sketch map “A” dated February 7, 1942, and between connection with the KCS at southwest Junction and Missouri Pacific connection with the Milwaukee Coburg Yard, point No. 9 as shown on Missouri Pacific map designated “B’ dated February 7, 1942.

2. chicago, Rock Island and Pacific train and engine service employees will be permitted to handle their own trains and/or transfer movements between Troost Avenue, point “A” and connection with the Union Pacific at point “D”, or some point easterly thereof via point “B”, as shown on sketch map “A” dated February 7, 1942.

When an engineer euts his en on one of these tracks, in the application of Article 2 of his time is ended as there is no requirement for the engineer in yard service to register, and certainly there is no occasion for him to check the standard clock or read the general order and bulletin books at the end of his tour of duty as this is only required at the beginning of his tour of duty.

The Carrier will abandon certain facilities in the territory known as East Little Rock of the Little Rock Terminal and construct a new yard to be known as the City Yard in North Little Rock which will necessitate starting of the engines, manned by Louisiana Division en to verform the switching in the Louisiana Seniority District territory known as East Little Rock.at the new

2. In consideration of the change in the starting and tie-up point from East Little Rock to North Little Rock, for a period of three years from the first date of change of starting point, engineers will receive thirty minutes at the pro rata rate, in addition to other compensation, for each tour of duty as a transportation allowance.

3. These Louisiana Seniority District assignments starting and ending their day in North Little Rock may be required to double a cut together at North Little Rock for handling to East Little Rock in one yard, not to exceed three tracks, and these tracks need not be filled to capacity. In addition, these en may be required to throw out bad order cars found in their cut and handle their own caboose without penalty.

Engineers in transfer and belt line service will be paid through freight rates as specified in Article 1, according to class of engine, per day of eight (8) hours or less; overtime after eight (8) hours on the minute basis, at 3/16 of the daily rate under same rules as apply to switching service shown in Article 15.

Regular engine crews shall be assigned to the runs paying transfer rates as above indicated, and the number of regularly assigned transfer crews in these yards, between the specified points, may be increased or decreased from time to time, as may be necessary to conform to the transfer service requirements.

Other yard crews in the Terminals above indicated, performing transfer service between the specified points, will be paid transfer rates for the day’s service, except that the occasional handling of stock or perishable freight to prevent excessive delay between these points by yard crews on account of regular transfer engines not available (due to being away from that location in transfer service), will not be considered transfer service.

Engineers in other than passenger service, doubling hills, or when necessary to cut off to help other trains over hills, or through no fault of their own to run for coal or water, will be paid actual mileage, miles made to be added to mileage of run, and overtime computed on basis of 12—1/2 miles per hour.

(a) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the company authorized to receive same, within sixty days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within sixty days from the date same is filed, notify the employee or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the carrier as to other

(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance, and the representative of the carrier shall be notified of the rejection of his decision. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances.

(c) The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within sixty days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within six months from the date of said officer’s decision proceedings are instituted by the emQloyee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the six months period herein referred to.

(d) All rights of a claimant involved in continuing alleged violations of agreement shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the carrier, With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.

1. 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. When two or more

2. Road employees (en firemen and helpers, conductors and trainmen) in throu 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 Dlus extra compensation on a minute basis for all additional time reguired in .the other class of road service.

(a) An employee 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 — Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(b) An employee 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 — Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 1 hour at pro rata rate 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.

(d) An employee 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 - Employee will be paid 100 miles or 8 hours at pro rata rate 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 employee 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 —— Employee will be paid 150 miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

e. (1) Engineers ordered by the Carrier to report to attorneys to give depositions, to claim agents to make statements or to Company officers to make injury reports at a time when they are off duty shall be paid for all time held to make such deposition, statement or injury report after the time ordered to report on a minute basis with a minimum of two (20 hours at pro rata rate.

When an employee is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum of a basic day’s pay at the straight time rate of his position for each calendar day lost less the amount allowed him for jury service for each day, exceptin9 allowances paid by the court for meals, Iodflng or transportation, subject to the following qualification requirements and limitations:

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employe’s brother, sister, parent, child, spouse or spouse’s parent. In such cases a minimum basic day’s pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employes involved will make provision for taking leave with their supervising officials in the usual manner.

(a) Deadheading and service may be combined in any manner that traffic conditions require, and when so combined employees shall be paid actual miles or hours on a continuous time basis, with not less than a minimum day, for the combined service and deadheading. However, when deadheading from the away—from—home terminal to the home terminal is combined with a service trip from such tome terminal to such away-from-home terminal and the distance between the two terminals exceeds the applicable mileage for a basic day, the rate paid for the basic day mileage portions of the service trip and deadhead shall be at the full basic daily rate.

Compensation on a minute basis, at the basic rate applicable to the class of service in connection with which deadheading is performed, shall be allowed. However, if service after deadheading to other than the employee’s home terminal does not be within 16 hours after completion of deadhead, a minimum of a basic day at such rate will be paid. If deadheading from service at other than the employee’s home terminal does not commence within 16 hours of completion of service a minimum of a basic day at such rate will be paid.

A minimum of a basic day also will be allowed where two separate deadhead trips, the second of which is out of other than the home terminal, are made with no intervening service performed. Non—service payments such as held—away—from—home terminal allowance will count toward the minimum of a basic day provided in this Section 2 (b).

An extra man sent out to relieve an engineman on an outside run or run tying up at an outside point will be paid for deadheading to and from the point of work. A senior extra man relieving the extra man originally sent out to such outside run will do so without pay for deadheading, going or returning; the intention being that the railroad will pay for one deadhead trip in each direction for the purpose of relieving an engineman laying off for any reason on an outside job.

“When an engineer on an outside run or job vacates his run or job, the engineer first out on the engineers’ extra board is called in his turn to deadhead to the outside point to protect the run or job. If the extra engineer first out lays of f on the call, it is necessary to call the extra engineer second out to protect the vacancy; therefore, he is protecting the turn of the engineer who was first out. The question is: who is entitled to deadhead pay going to and returning from the run or job?

“When the engineer who was first out and who laid of f reports for duty, he should be deadheaded to the run or job to relieve the engineer who had protected his turn. The extra engineer would be deadheaded from the job and paid theref or. When the regular engineer reports, the extra engineer who had been first out and laid off should be deadheaded from the job without pay for deadheading. He would not be entitled to pay for deadheading for the reason that he did not protect his turn when he was called and by his actions the engineer second out was forced to protect his turn; therefore, the engineer-who was second out and protected the turn would be entitled to the deadhead pay to and returning from the run or job at an outside point.

a. Engineers shall be called in their turn at all division or terminal stations one hour before the time re to report for duty. Arrangements, however, may be made by individual engineers with proper officers for an earlier call, where conditions permit. The caller shall have a book in which engineers must register their names, and hour when called.

b. An engineer’s time shall commence one hour after he signs the caller’s book, unless arrangements have been made to be called in excess of one hour as per paragraph “a.” All engineers’ time shall be taken from the roundhouse register instead of the conductor’s register or train sheet; register to be kept in convenient place.

d. Chain ang engineers will be run “first in, first out” of terminals. Available chain gang engineers run around by engineers of their own territory, or those of others, will be allowed one half basic day. Engineers will not be permitted to run by terminal points where it affects other engineers in like service, except in cases of wrecks or washouts. It is agreed that the Missouri Pacific Railroad Company will not establish additional frei runs for engineers and firemen through terminal points without first

e. An engineer, not called for his regular assigned run, through no fault of his own, will be paid the regular allowance of such run, not including overtime and will wait for his turn, unless his services are needed by the railroad before his regular turn out. When used while waiting for his turn, the time so earned will be used to offset all or a portion of the time lost, as the case may be.

(a) In assigned road service where under existing rules employees report for duty without being notified or called and it is desired on any day to defer the reporting time, advance notice shall be given not less than the usual advance calling time for reporting f or duty at each terminal and in accordance with usual calling practices at such terminal. The employee shall be notified at such time when he is to report and only one such deferment may be made. In such cases the time of the trip or tour of duty shall begin at the time the employee is required in accordance with said notice of change to report for duty. If not so notified, the reporting time shall be as provided in the agreement.

When decreased business requires it, engineers suspended on such account will retain their seniority rights until again needed, of which they shall be notified by the Master Mechanic or Local Chairman providing he is kept advised of their whereabouts, nature of the work they are engaged in, and their desire to return to the service, Should an en within a reasonable time not return when offered service, his rights shall cease.

a. When engineers are suspended tram service on account of decreased business, they will, if possible, be temporarily transferred to other parts of the system if they so desire (f or 60 days only), instead of hiring or promoting men. Should business on home territory justify before 60 days, they will be recalled by their own superintendent. Should they return to their own territory prior to 60 days, unless released or recalled by their

b. Should here still be a shorta of engineers on the territory to which transferred, an engineer will be hired, perzanently transferred or a fireman promoted, as provided in Paragraph “c” of Article 40. Permanently transferred engineers will be considered as hired on the territory to which transferred.

When an engine fails it may be returned to the initial or run to the objective terminal, providing the engineer leave the initial terminal on his return within five hours from the time of first departure, or the objective terminal within one hour from time of arrival with disabled engine and within ten hours from the time of first departure; in each case without tonnage, and that he can complete the trip within fifteen hours. Compensation for additional actual mileage or hours made on account of engine failure will be allowed independent of trip. Should the engineer not leave the initial terminal within five hours of the first departure, he will be allowed one day for service performed, which will not be combined with other work. This Article will not abridge the rights of engineers on assigned runs as provided in paragraph “j” of Article 40.

When the units of a diesel locomotive are connected so that they may be operated from one set of controls and one or more of the units are inoperative, those units constitute a part of the locomotive. So that there will be no misunderstanding about the matter of connections being in place, if a unit is placed in the train in tow the engineer and the conductor are both to be notified that such unit is in tow. Failure to receive such message that the unit is in tow, and said unit is coupled to the operative unit or units, the engine crew will consider that the inoperative unit or units are a part of its locomotive, and the weight of same will be included in computing weight on drivers for pay purposes.

a. Under the laws limiting the hours on duty, engineers 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 Federal law, or within two hours of the time limit provided by state laws if state laws govern.

c. When road engineers 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 crew; 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.

h. Engine crews will not be tied up at points where there are no accommodations for eatin or sleeping, when possible to avoid. Division officers will get an touch with crews liable to be tied up and make arrangements as may be necessary for the tie—up point and protection of the engine.

3. Effective January 1, 1989, whenever an engineer ties up under the Hours of Service Law and is towed or deadheaded to their terminal, and is not notified prior to completion of the service trip regarding how their deadhead will be paid, the deadhead will automatically be combined with service for pay purposes.

Ice kegs and ice will be furnished on all engines west of St. Louis and north of Coffeyville, between May 1st and October 1st, and on all engines south of St. Louis and Coffeyville between April 1st and November 1st, at all points where it is furnished other employes. When exceptional warm weather prevails the Superintendent may extend the period in which ice is furnished.

1. Engineers in through and irregular freight service will be allowed time for a meal between terminals after being on duty five (5) hours or more when it is apparent the trip cannot be completed within eight (8) hours, provided they notify the dispatcher sufficiently in advance to avoid delay to other trains.

3. Notwithstanding, and in addition to other provisions of this Agreement, where eating places are available, engineers will be allowed to eat on line of road when their train is being delayed to the extent that eating will not cause further delay to their train or work. This will also apply after arrival at the final terminal.

4. Engineers arriving at their final terminals without having stopped to eat within the last six hours and are then instructed to perform switching other than putting their train away (including the engine) will be allowed to eat, without deduction in pay, prior to performing such switching.

5. In local, traveling switcher, dodger, work and wrecker service, engineers will be allowed to stop work and eat during each tour of duty that cannot be completed in six (6) hours or less from time on duty, unless they waive the opportunity to do so. (This section s does not change present rules or practices with respect to furnishing engineers on relief trains meals on commissary cars.)

7. When engineers are tied up on line—of—road because of the Hours of service Law, or any other reason, and are then transported by automobile or similar vehicle operated by an officer or employe of the Carrier, the engineers will be allowed to eat at the first reasonably convenient place on the way to the terminal, provided that the engineers have not stopped to eat within the last six (6) hours. This will also apply when engineers are transported by taxi cab.

This letter refers to the road eating agreement signed at St. Louis, Missouri, July 23, 1981, to become effective August 16, 1981, as it relates to the St. Louis-Labadie turn coal trains. It will also confirm the discussions we had during the mediation conferences leading up to the signing of the road eating agreement in St. Louis July 23, 1981.

The above agreement applies to Engineers on the St. Louis— Labadie coal turns in all respects, except that because of demands made by union Electric Company, Engineers on these trains desiring to eat must do so at a time that eating will not, in itself, cause delay to these trains.

You were shown correspondence from Union Electric that constitutes positive proof that said company will not tolerate delays on these runs that can be avoided by our company. Both of you stated you realize the importance to all concerned that we properly serve Union Electric and retain them as a valued patron.

“3. Notwithstanding and in addition to other provisions of this Agreement, where eating places are available, engineers will be allowed to eat on line of road when their train is being delayed to the extent that eating will not cause further delay to their train or work. This will also apply after arrival at the final terminal.”

“7. When engineers are tied up on line—of—road because of the Hours of Service Law, or any other reason, and are then transported by automobile or similar vehicle operated by an officer or employe of the Carrier, the engineers will be allowed to eat at the first reasonably convenient place on the way to the terminal, provided the engineers have not stopped to eat within the last six (6) hours. This will also apply when engineers are transported by taxi cab.”

it. You will recall that we visited this canteen room at a time when the caterers had not yet arrived to stock it following a three—day holiday weekend. Even then the supply of food and beverage was adequate. We check the canteen room at intervals and invariably find it well—supplied.

On account of changed conditions from steam to diesel power on the railroad, Carrier and Employees agree that effective November 23, 1953, the following will be the agreed on interpretation applicable to Article 37, Memorandum Agreement embodied therein and Memorandum Agreement of November 1, 1940 and special agreements implementing the same, and to supersede any other prior agreements, understandings or decisions in conflict herewith:

When an engine crew in yard service is given an engine at the beginning of the shift, and such engine does not have sufficient amount of fuel, sand or water to work as much as 8 hours, the yard engine crew will not be expected to supply the engine with fuel, water or sand, but if additional fuel, water or sand is necessary within the 8 hour period and the crew is not furnished with another engine, hostler and hostler helper will get the engine and supply with fuel, sand and water at points where hostler or hostlers are required under agreements. Where hostlers are not required, other than engine crews will supply engines.

When an outside hostler handles an engine to fuel, sand and water facilities, the helper will perform the actual service of placin9 the fuel, sand and water on the engine, except that hostler will also be expected and required to perform actual service of placing fuel, sand and water on yard engines being supplied by the hostler and helper during the meal period of the yard crew or at the change of shift when engines are worked through from one shift to another in continuous service. When an inside hostler handles an engine to fuel, sand and water facilities, inside hostler attendants or supply men will be used to assist inside hostler and will perform the actual service of placing fuel, sand and water on the engine.

stopped at a passenger facility, which also permits the addition of fuel, water and sand on the engine by other forces and there is no movement of the engine in order to put the fuel, water and sand on the engine, will not be considered as hostling, and engine crews may be instructed and required to make their stop with the engine at these facilities. This will not be done at points or on tracks where facilities do not now exist without further negotiations. Present facilities are shown on “Attachment B”.

“When engine of a passenger or troop train is supplied with fuel, sand and water at passenger facilities, hostler and hostler helper will not make claim to the work of placing the same on the engine, but if hostler handles the engine to the fuel, sand and water facilities, the hostler will also be required to assist in performin actual service of placing fuel, sand and water on the engine.

At any of the nineteen terminal points named in section (1st) of the agreement effective November 1, 1940, between the Missouri Pacific Railroad Company and the Brotherhood of Locomotive Firemen and Enginemen, when an engine of a freivht or troop train is supplied with fuel, sand and water on main track or any yard track, in the interest of expediting trains, the inbound engine crew may be instructed and required to make stop with the engine at the facilities and the same will not be considered as hostling. Hostler and helper will take charge of the engine and will supply the same with fuel, sand and water and make any movement of the engine that may be necessary, and the hostler will also be required to assist in performing actual service of placing fuel, sand and water on the engine. If the terminal is one where engine crews hostle their engines under the provisions of the Memorandum Agreement embodied in Article 37, the minimum hostling allowance specified therein will be paid and if the supplying facilities are not in the general vicinity of the regular point where engine crews report for service and go of f duty, Carrier will transport crews to and from trains.

At terminal points other than those designated in section (1st) of the a9reement effective November 1, 1940, between the Missouri Pacific Railroad Company and the Brotherhood of Locomotive Firemen and Enginemen, arrangements for supplying engines in freight service, including troop trains, on main track or any train yard track will not be made except in case of emergency or by special agreement between authorized representatives of the Carrier and authorized representatives of the Employees.”

sufficient water to go to his objective terminal under normal operating conditions and who is required to water one or more units on line of road, will be compensated one hour at the pro rata rate applicable to the trip in addition to other earnings. This payment applies only when the engineer and/or his fireman actually puts the water in the unit or units, and when he has made it known to proper authority before leaving his initial terminal that there is not sufficient water in a unit or units to make the objective terminal.

b. Seniority as an engineer will date from first service performed as engineer, when called for such service, after his employment, or promotion, in accordance with Para “c” of this Article. No engineer will be hired for yard service exclusively. No engineer shall be promoted from other service to yard service, exclusively, except firemen in switch service prior to October 1, 1907. All engineers hired or promoted from other service, except as shown above, shall be listed upon the road engineers’ seniority list.

(4) If, for any reason, the senior eligible firemen or engineer to be hired is not available, and junior qualified fireman is promoted and used in actual service out of his turn, whatever standing the junior fireman so used establishes, shall go to the credit of the senior eligible fireman or engineer to be hired, provided the engineer to be hired is available and qualifies within thirty days. As soon as the senior fireman or engineer to be hired is available, as provided herein, he shall displace the junior fireman, who shall drop back into whatever place he would have held had the senior fireman to be promoted or engineer to be hired been available and the junior fireman was not used.

(5) As soon as a fireman is promoted, he will be notified in writing by the proper officials 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 re 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.

(6) No fireman 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.

(8) Firemen having successfully passed qualifying examination shall be eligible as engineers. Promotion and the establishment of a date of seniority as engineer, as provided herein, shall date from the first service as engineer when called for such service, provided there are no demoted engineers back firing. No demoted engineer will be permitted to hold a run as fireman on any seniority district while a junior engineer is working on the engineers’ extra list, or holding a regular assignment as engineer on such seniority district.

needed and the senior qualified fireman is promoted, the date of seniority thus established shall fix the standing of the hired engineer, who, if available and qualified within thirty days from date senior qualified fireman is promoted, will rank immediately ahead of the promoted fireman. The promoted fireman will retain his date of seniority as engineer and will be counted in proportion of promotions.

(11) In case an engineer is hired and used in actual service, when, under requirements of section (9), a fireman (or firemen) should have been promoted, the date of seniority thus established shall fix the standing of the senior qualified fireman (or firemen) due to be promoted, providing he or they are eligible and qualify within thirty days, who shall rank immediately ahead of the hired engineer on the engineers’ seniority list. The hired engineer will retain his date of seniority, and be counted in proportion of engineers to be hired.

(12) The seniority date of the hired engineer shall be the date of his first service as engineer, except as provided in sections (4), (10) and (11) of this paragraph. It is further provided that engineers hired, or permanently transferred from one seniority district to another on any railroad, shall be given a date of seniority as firemen corresponding with their date as engineer.

1st. 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.

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

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 the regular assigned man or men to lay of f when the equivalent of 4,800 miles in passenger or 3,800 miles in other regular service has been reached.

(a) On road extra lists a sufficient number of engineers will be maintained to keep the average mileage, or equivalent thereof, between 2,600 and 3.800 miles per month; provided, that when men are cut off the workinq lists and it is shown that those on the extra lists are averaging the equivalent of 3,100 miles per month, men will be returned to the extra lists if the addition will not reduce the average mileage, or equivalent thereof, below 2,600 miles per month.

(c) 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 of f the lists and it is shown that men are averaging the equivalent of 31 days per month, men will be returned to service, if the addition will not reduce the average earnings below 26 days per month.

(17) Under provisions of the above rules it is understood that after all entflneers who have been taken off have been returned to service as engineers, the 3,100 mileage replacement for road extra men and the 31 days replacement for yard extra men shall not apply with respect to further additions.

Note — Engineers in all classes of service will register the accumulated mileage, or its equivalent, made during the current month upon arrival at terminal each trip or completion of work day, in a book provided for that purpose. Engineers at outlying points will send record of accumulated mileage made or its equivalent to Local Chairman at the end of each week. The above shall not operate to penalize the Railroad.

f. When runs in road service or switching positions are put on, or become permanently vacant, and conditions warrant, they shall be posted by the local chairman at all divisions or terminal points affected, and the senior engineer on the territory making written application to him within ten (10) days or less, shall be assigned to same, unless he makes, within the time posted or before being assigned, a written withdrawal of his application.

An engineer vacating a run or switchinq position will not have the right to apply for that vacancy. A senior engineer failing to apply for a vacancy will lose his right to such run or switching position until it again becomes vacant, unless after failing to apply for such vacancy he should lose his run, or as per Article 41, in such case he will have the right to exercise his seniority on the territory.

j. Engineers on regular runs are entitled to engines assigned to their runs. Each engineer is entitled to his share of the mileage of such runs, whether regular engines are, or are not, assigned to same. When an engine on a regular run becomes disabled is changed off, the engineer will continue the trip unless the Master Mechanic, for special reason, deems it necessary that he remain with his engine and requests the Trairunaster or

k. In the absence of regular passenger engineers when extra passenger ensflneers are not available, senior freight engineers in regular service, holding road rights on the territory, desiring such vacancies, will fill them subject to the provision of the five day clause in paragraph (1) of this Article.

The proper application of the above requires that when extra passenger engineers are not available the senior freight enQineer desiring such vacancies be called for passenger service; this will also apply to the men used on the second engine double heading on passenger trains. Engineers desiring extra passenger service must take all work or the 12-hour-extra-board rule will apply. Local Chairmen will give Master Mechanics and Callers ten days advance notice of engineers not desiring extra—passenger work; and again ten days advance notice of their desire to exercise seniority on extra passenger work.

Engineers will work “first in, first out” on passenger extra board, subject to paragraph (g) of Article 3. The reference to paragraph (g) of Article 3 is to protect a case where the layover point for the short turn-around run may be other than where the extra board is maintained. Engineers catching such runs will hold them until relieved by regularly assigned man or when displaced under the 10-day rule, paragraph (1) of this Article.