RULE 34: RELINQUISHING RUN-DISPLACEMENT

RULE 34  -

RELINQUISHING RUN  -  -  DISPLACEMENT

(a) Exercising Seniority or Displacing Must Be in Writing Trainmen exercising seniority shall do so in writing, except displacement may be arranged over telephone and crew dispatchers will make written record' of same, requiring man making displacement to sign prior to going on run

(b)  - 1. Displaced and Exercising Seniority: A conductor who loses his position by reason of its discontinuance or by reason of the position being taken by a senior conductor in the exercise of seniority shall, subject to qualifications outlined in Rule 71, have the right to exercise his seniority and take any position held by a conductor with less seniority, provided that where there is more than one conductor on the assignment, freight pool or extra board to which seniority is exercised, he shall exercise seniority on the position held by the conductor of such assignment, pool or extra board, who has the least seniority. Displacement will be made at the home terminal of the assignment. (b)  - 2. When an assigned brakeman or yardman is displaced he may displace any junior assigned trainman or yardman. If he desires to enter pool freight service, he may displace any conductor or brakeman holding a regular run. NOTE 1: In the application of paragraphs (b) - 1 and (b) - 2, in the territory Hinkle - Huntington conductors and brakemen who desire to enter pool freight service must displace the youngest conductor or brakeman in the pool. NOTE 2: The term "assigned trainmen or yardmen" will include men assigned to road, yard or combination extra boards.

(c) Promoted Men: Except as otherwise provided in this rule, promoted men may exercise their seniority rights either as conductor or in other grades of service.

(d) Rights to trainmen positions shall be governed by seniority.

(e) Giving Up Runs  -  Assigned Service: An assigned trainman may give up his regular run by advising Superintendent in writing of his desire to do so, after which the run will be bulletined for seniority choice and such man will remain thereon until assignment is made. Employee giving up assignment under this rule cannot displace another assigned trainman. He may, however, if seniority permits, displace the youngest man in pool freight service, and if there is more than one pool on the district, he may displace the youngest man in either freight pool, provided he does so before accepting other service; or he may go on the road extra board that protects the assignment he has relinquished and will remain thereon until he elects to secure a regular run or assignment in the manner as set forth by agreement.

(f) Displaced Pool Service  -  Limitations: Displaced regular pool freight trainmen will not be permitted to displace an assigned trainman so long as they can hold a regular turn on any other run in the freight pool from which displaced.

(g) Giving Up Position  -  Moving One Pool to Another: Brakeman in pool freight service may, in writing, give up regular job to go on the extra board that protects the regular job he has relinquished. On districts where there are two or more sets of freight pools brakemen in one pool may, in writing, ask for the next vacancy in another pool and, seniority permitting, will be placed on such vacancy.

(h) Rights of Displacement  -  Penalty: Except as provided in paragraph (i), trainmen who, for any reason, have a right of displacement will exercise that right as promptly as possible and will not lay off before doing so. Under this rule a trainman must exercise seniority within three days (72 hours) unless leave of absence (layoff) is granted in accordance with governing rules. Failure to comply with this provision will result in forfeiture of right of displacement except to the extra board which protects the work from which displaced, except if there is more than one extra board on the seniority district, a displaced trainman may, if his seniority is sufficient, place himself upon the extra board of his choice; or, if granted leave of absence (layoff) trainmen will upon return to service be governed by the provisions of paragraph (b) of Rule 26.

The seventy - two hour period shall commence when the trainman is actually notified by the boardman of his displacement or that his run is being abolished, as the case may be. (i) Displaced Conductors: Displaced conductors who cannot hold a regular assignment as conductor may make themselves available for extra conductor's work until such time as they may elect to work as brakemen, at which time they will, upon application, be permitted to exercise seniority as brakemen in accordance with the rules in this agreement.